The Importance of Checking Title
Neighbours at War: It was recently reported that a seven year long parking dispute between neighbours in London has incurred £100,000 in legal fees ahead of a three-day trial scheduled for next year. As the judge urges the parties involved to settle our Head of Property looks at whether the issues leading to the dispute could have been picked up during the conveyancing process and the likely impact on the neighbour’s ability to sell.
Parking Dispute
The dispute has arisen from the use of a parking space. The argument involves two neighbouring properties and three parking spaces. It is claimed that deliberate and inconsiderate parking in the two outer parking spaces has made parking in the middle space impossible.
Title Check
A Title Check is a detailed review of the title deeds for a property which may result in questions being raised of a seller’s solicitor and a detailed report on the rights and restrictions affecting a property being sent to a prospective buyer. It is likely that the neighbours in this dispute would have been advised on the rights for both them and their neigbhours to use the parking spaces and their obligations not to impede their neighbour’s right to park.
Disclosure by the Seller
During the course of selling a property a seller will be expected to complete a sixteen-page long Property Information Form sharing their knowledge and experience of the property. This will include questions on access and disputes with neighbours. A failure to answer the questions honestly may leave a seller a risk of legal action should their buyer purchase the property in reliance upon a dishonest answer.
Searches
A buyer’s solicitor will usually undertake several legal searches. These searches will reveal any public rights over roads and access routes. The dispute relates to a private parking area, but it is important for a buyer to understand any public rights of access affecting their property.
Ability to Sell
A future buyer of either property would be made aware of both the parking arrangements at the properties and the dispute which has escalated into a very expense legal action. It is difficult to imagine a buyer not thinking twice about buying the property and potentially becoming embroiled in the dispute.
Residential Property & Conveyancing Team
At Morrish Solicitors each of our specialist property lawyers has decades of experience in dealing with the purchase of properties and explaining the rights and obligations and property owner will have to comply with.
To enquire about our residential property and conveyancing services please call us on 033 3344 9600 or simply email [email protected] with your request.
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