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Reduce offer price?

8 replies

GreenRobot · 23/01/2022 09:45

I'm in the process of buying a house, it's been about 2 months since offer accepted. Following enquiries, my solicitor has found out that around 15% of the 20 foot garden isn't actually owned by the property.

I'm in two minds over whether to reduce my offer price. I understand the 'unregistered' part of the garden could be contested, though unlikely. Equally legally registering a claim would take time and legal fees.

Would you reduce your offer? I was thinking maybe £2k to cover legal fees of trying to resolve after completion.

If I did reduce the offer slightly, would I communicate that to the seller via the estate agents or my solicitor?

OP posts:
Honeyroar · 23/01/2022 09:47

I think that’s fair. Or get them to register the land?

HappyAsASandboy · 23/01/2022 09:50

15% of a 20' garden is about 3'

What is the other side of the 3'?
Is there any other likely owner?
Does the end of your garden match neighbours?
Would you still buy the house if the garden was 3' shorter?

The answers to these questions would steer my next move.

lagerandcigars · 23/01/2022 09:57

Does the property have squatters rights? Are these even a thing anymore?

GreenRobot · 23/01/2022 10:40

@HappyAsASandboy the other side of it has a historic claim and is unused but seems unlikely they'd claim this bit.

The easiest thing would have been for the seller to register previously, but solicitor advising it may take anything from a few weeks to a couple of years to resolve (likely not to be complex but no guarantees).

I'd probably still buy with the smaller garden, but it's unclear the exact measurements of the land (not shown on land registry).

To reduce my offer slightly would I communicate this to EA with my explanation? Or via solicitors?

OP posts:
GreenRobot · 23/01/2022 10:43

@lagerandcigars yes it probably has squatters rights, but solicitor advised this could be contested (thought unlikely). Hard to know before a claim done though apparently...

OP posts:
daschundsanddancer · 23/01/2022 11:26

A friend did this and the sellers had to take out insurance to cover any future legal fees. If they are happy to do that, I would probably not push for a price reduction, as it sounds like you like the house regardless.

lagerandcigars · 23/01/2022 11:44

@daschundsanddancer

A friend did this and the sellers had to take out insurance to cover any future legal fees. If they are happy to do that, I would probably not push for a price reduction, as it sounds like you like the house regardless.
I think this is a sensible solution...
HappyAsASandboy · 23/01/2022 12:53

I think I would ask the vendor to take out an indemnity policy to cover any future issues. That will cost them maybe £1k but mean you progress as intended with no reduction in offer.

Or try your luck with a lower offer and take on the uncertainty yourself. I have to say that a reduction of £2k is likely to look a bit picky when viewed in the context of all the other costs of moving?

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