Title Deed Query

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bambam

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If the council made changes that would affect a property boundary (ie road widening or a right of way) since it was intially built in 1970 will those changes be included in the title deeds if the property was offered for sale today.
 
bambam said:
If the council made changes that would affect a property boundary (ie road widening or a right of way) since it was intially built in 1970 will those changes be included in the title deeds if the property was offered for sale today.
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They should show on a planning search. In any event, Vendors should disclose any notices at contract stage.

mf
 
Thank you for your reply.

In the case where the vendor doesn't disclose it, even in response to a direct request is there any recourse or is it a case of caveat emptor?

Many thanks
 
Its a tricky one. Purchaser should make searches and if those searches would disclose then yes it is a Caveat Emptor situation. However, vendor should disclose, if they are aware but how would you prove they were aware? Unless a notice issued?

If this is a real situation, then talk to a solicitor to see if there is any possibility of dealing with under the General Conditions of the usual Contract. Off hand, GCs 15 and 35 are the ones to look at.

mf
 
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