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27-02-2012, 04:25 PM
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Garage not attached to property
We're buying a house which has a garage that apparently belongs to us but isn't attached to the house and is on the other side of the road. Our Solicitor says it doesn't appear on the Land registry details and is going to have to check with the Seller's Solicitor.
How much of a problem is this kind of thing? Is it fairly common or am I about to experience difficult legal problems? Any advice on this will gratefully received! Andy 
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27-02-2012, 05:52 PM
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Re: Garage not attached to property
Seller probably bought it after he bought the house and it has a separate title at Land Registry - seller's solicitor wasn't told/didn't check about separate garage.
If seller sure he owns it then simply a case of seller 's solicitor producing copies of the separate title for the garage - no big deal. Cost you £4 extra for searches! On the other hand I did have a case once where there was separate garage like that and nobody looked at the plans. House first sold in 1968. Few months later buyers bought separate garage. When they sold in 1980 nobody asked about garage but they and their buyers happily assumed that the garage had been included and the keys to the garage were duly handed over. This happened again in 1988 and when my clients were selling in 1999 I had to point out to them that they didn't have a title to the garage they had been using for the past 11 yaers. It did get sorted - the Land Registry managed to find the 1968 owners and they admitted they didn't claim title to the garage as they thought they had sold it in 1980!. But it just shows how important it is to look at plans to make sure you are getting what you thought you were getting!
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RICHARD WEBSTERwww.rwco.co.uk As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.
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27-02-2012, 06:18 PM
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Re: Garage not attached to property
Thanks for that. You don't think when you write one of these queries about all the information that might be needed!
The house is mid-terraced,, built about 100 years ago. The garage has all but fallen down - is made out of black corrugated iron and has definitely seen better days and it's likely to be have been up for quite some time - definitely far longer than the existing sellers who have been there for about 5 years we think. Lets hope they can shed some light too!
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