New neighbours

[Plannergirl9]

Sorry this is a long one. TLDR: Essentially we were gifted land from ex-neighbour when they died. New neighbours who bought her house has told us we must sell it to them.

A bit more backstorey. Our elderly neighbour lived next to us until they died in late December. She had a side bit of garden like an allotment that we used to help her with (hatched area on diagram). Unbeknownst to us she gifted us that area of land in her will. The rest of the house and land was to be sold and the money given to charity.

After the will reading we have had the land registry changed to confirm we now own the land. The house was put up for sale late January. In mid February we received a letter from a solicitor asking that we sell the land to the potential buyer of the house. We emailed back saying no we won't sell. We then heard nothing more from any solicitors. House was then sold during lockdown.

The new neighbours moved in on Monday. Yesterday they came to our door asking for the name of our solicitor so the land purchase can take place. We told them we were not planning on selling the land and that we told their solicitor that. The new neighbours didn't take it well. Apparently they only bought the house on the provision that they could buy the land and this was agreed with us via their solicitors.

The new neighbours got quite loud and angry about us apparently misleading them and left to speak to their solicitor. They seem to think we legally need to sell them the land as there was a written (email) contract between them and their solicitor who confirmed to them by email prior to the sale of the house that we would sell the land.

Aibu to a) not sell the land even though we technically didn't buy it and b) that the fact their solicitor has mislead them is not our problem?

Neighbours land is in red.
Our land is in black and the hatched area is the land they expect to buy.

OP has said she is in Scotland. Many Scots will talk about the "Land Registry" even though the actual organisation is called "Registers of Scotland" as that's less of a mouthful - and after all, its purpose is to maintain the Land Register for Scotland

We get so used to hearing the English terms that we Scots often use them ourselves (like Land Registry and Probate) because neither are things most us deal with on a day-to-day basis.

I only know about "confirmation" because MIL died recently (and there are complications with the will, let alone trying to sell her house) and Registers of Scotland because dh used to do business with them (and we also had a few issues with our own title deeds when our downstairs' neighbours were selling). Plus we have a friend who is a commercial property lawyer.

This is so simple. You've got the details of their solicitor. Copy everything you have in writing and drop them a line telling them what's happened. Say you are sure that they didn't give their client any undertaking regarding your land and that you would like them to confirm that to their client in writing.

If you don't ring him - and as much as I'm dying to know what he says I don't think you should - you need to prepare for him knocking on your door 🚪

I thought I'd read back through all the OP's posts but I must have missed the allusion to Scotland.

And is the will reading a Scottish thing too?

I think this wins for ultimate cheeky fuckery. But also...if the email is made up by them isn't that quite serious? Potential fraud?

Sorry OP you lovely neighbour seems to have been replaced by some highly undesirable characters.

My MiL died recently, she had everything ready to go. Probate came through within about 6 wks.

@Shedbuilder

That was in England, so definitely the Land Registry rather than the Scottish equivalent.

Solicitor here.
No solicitor would send that bollocks email. And if you can't find them on the Law Society there's a reason for that - utterly bogus. Cod Latin bollocks aside (honestly, you would NEVER write an email like that to a client) the fact that the land was a gift to you would have no baring on the price you may or may not sell it on for, IF you did want to sell it - absolutely nothing about it being a gift would mean you had any obligation to sell it at less than commercial rate, were you inclined to sell.

Honestly, they're trying it on, or they have some fraudster solicitor or something but not your problem. Just ignore. Not your problem to prove even that you said you didn't want to sell.

Please don't ring the dad (as much as I'd love you to!) You need to shut this down now. Any attempts at further discussions should be met with "I'm sorry your solicitor appears to have misled you. I would never dream of selling old Maggie's land; it means so much to me". Disengage, be polite but firm, keep your distance.

Yes definitely stay out of it but i have to admit that a small part of me also would love to know what the father has to add to this.
If you did happen to talk to him could you drop some of the more unusual phrases and works into the conversation to see if he picks up on them and starts gibbering in fake solicitor latin?

What bloody nutters! Ignore from now on!

Can't imagine why anybody thinks because it was a gift it has no value.

Presume this is their first house so been bamboozled by the solicitor.

A later comment from the OP: ActusllyI think they might just be at it. I can't find their solicitor on the law society of scotland's website. Twats.

She goes on to say that she will look at the equivalent register in England - as the purchasers were English and she hadn't realised that they might have had to use two different solicitors.

Am I missing something here?

Would it not be fraud to produce a document to try and force someone to sell you something.

It certainly doesn't read as legal.

I would be asking for a copy of that letter and tell them you are very concerned and will be looking into it on the grounds that they are claiming that there is a legal agreement based on that letter and you are concerned it is fraudulent.

I would act like you are appalled, take it very serious and tell them you are going to your local police station for advice.

See how brave they are then.

It certainly looks like they are a bunch of crooks.

I wouldn't be allowing them think that you are going to let it go.

'Send the letter to the law society asking to confirm its authenticity

Keep the land. Its yours. Their solicitor misled them. Not your problem, let them sort it with him/her.

As a lawyer I bloody love that email - obviously no solicitor would write it but it is so funny.

Maybe you should kindly inform them that they don't even appear to own the house they've 'purchased' let alone your land as their solicitor doesn't exist
So you've taken pro active steps by reporting them to the law society (or equivalent)

Shedbuilder - it is possible for it to be processed at Land Registry with that quick a turn around as they would be dealt with by different teams.
So more complex cases would have a bigger backlog to work through whilst a standard house transfer once probate was completed could be processed in a couple of weeks, ensuring there were no issues with the application, and the solicitor was quick to get an application lodged.
And lease extensions would be dealt with by one team whilst transferring part of a property would be dealt with by another who all have different timescales.
Also, apart from bank holidays, Land Registry does not shut over the Christmas holidays. They just try and catch up with the backlog whilst the solicitors are on holiday.
However it could be different process in Scotland where the OP is as Scotland have a different Land Registry to England and Wales.

Wait for the weekend , and daddy to come and tell you your wrong.

@Plannergirl9

Fellow planner here and whilst this is a wonderful CF thread (and there aren’t many of those during lockdown!), as a planner you know this is all bollocks. We are all taught from day one of taking a planning job to be both sceptical and don’t trust anything you are told (sad but true) and there is always one case that burns our fingers.

In this instance you have the height of cf neighbours who not only think that you will sell them the land, but are expecting it for almost nothing. The fact that you’ve even considered discussing with the dad is beyond me!

But the ridiculous and clearly fake second solicitors letter is just hilarious.

How did they get your email address in the first place?

In your situation I would do three things.

1. respond to the fake email, stating that you have not agreed to sell the land and neither would you for a peppercorn amount. Also (if a name and address is included) tell them that you will report to the law society (or equivalent in Scotland) on the basis of such unprofessional and inaccurate advice (professional misconduct).
2. write to the solicitor who contacted you during their purchase and confirm that you were not prepared to sell and put the onus on him/her to contact their client within x days to confirm this with them or again you will report to the law society for professional misconduct.
3. contact your own solicitor and ask them to write a letter to your neighbour to confirm that you will not be selling the land for any amount. I’d also ask the solicitor to comment on the ridiculousness of the fake email and also ask him/her to report!

These are either very stupid and naive people or (and I’m sure you’ve seen this in you professional capacity) devious developers who will bully to try and get what they want.

Call their bluff and take control. Oh and trust you’re own professional judgement (but thank you for providing such cf entertainment tonight!)

My confusion is also with the solicitor email in how did the solicitor know that you had been gifted the land as they would not have that information?

Quite possibly the Estate Agent mentioned something or else the solicitor had a conversation with the solicitor who deal with probate. I can think of multiple ways it could have come up.

I also don’t think the email from the solicitors is genuine. Why would a solicitor even bother to send that? They have made it up themselves and just look untrustworthy and pathetic for doing so. I’d stay well away from them in future because who knows what else they might try it on with.

I don't think there are any "will readings" anymore

It might not be usual now but it certainly happens. My father was the sole beneficiary of a family member's will, only several others (who'd never seen it) were convinced they too would receive something

Basically everyone mistrusted everyone else, so he invited all 7 of them to a reading in the solicitor's office and watched as they perched like vultures hoping for a bit of flesh to peck

Disappointed vultures too, as it turned out

My Gran had a will reading before her funeral. Largely because it contained a list of the people she didn’t want to go to her funeral (several of her grandchildren). My mother and her siblings attended and it was held in the solicitor’s office.