Title Deeds - land outlined on Sale Agreement is different to actual land area

[acachair]

I am considering the purchase of a property without Title Deeds at present. I have established there is no mortgage or any charges out standing. The land on which it is built is awaiting splitting into the 4 areas of the houses built and there is no Final Completion Certificate for the property at present. I have also found that the land outlined on the current owners Sale Agreement is different in area and layout to the actual land area? How will this affect the issue of Title Deeds please? Are there any other issues I should take into account regarding this purchase and the eventual issue of the Title Deeds? I am struggling to get an answer to this from my current Lawyer, possibly because they drafted and acted for the current Owner and missed this aspect! Thank you for your help.

[Nigel Howarth]

Hi acachair

Having committed the cardinal sin of using the same lawyer as the vendor and the facts that: the land has to be subdivided, there is no completion certificate and land sizes differ in the sales agreements, I suggest you look elsewhere.

As things stand, I imagine your chances of getting Title Deeds are two thirds of three eighths of a very small number.

Next time, use an independent lawyer. I.e. a lawyer who has no business or family connections with the vendor, the estate agent or anyone else involved in the sale.

Regards,

[acachair]

We were not aware that it was the same lawyer until I asked them about this point, when it came out! Other properties in the immediate area are finally getting theirs and initial findings were promising until all this. Thank you for your advice as always.

Regards,

David

[Nigel Howarth]

Hi David,

The UK Foreign Commonwealth & Development Office publishes a list of English-speaking lawyers that you can find by clicking here.

Regards