I seem to be involved in a neighbour dispute and will try to stick to key info only. All advice appreciated.
Me and my husband jointly purchased a freehold property in 2016
We agreed a sale of the freehold in 2020
Our then buyer noticed that our physical boundaries did not match the Land Registry general red outline boundary
Through reasons i dont believe are of any use at this point, our neighbours instructed a solcitor after we fenced of the land contained within our title plan, on behalf of our then buyer.
Neighbours solicitor claimed that the previous owner (Mr X)agreed to the boundary line, and we were bound by thier interest as they were in 'actual occupation' of the land on the day of our purchase.
Thier possession took place sometime between 2013-2016
Our then buyers have now withdrawn, so our sale and purchase has collapsed.
I've recently learned that (Mr X) had a home reversion plan (equity release) making him a tennant from 2009 until our purchase.
Mr X Lease Terms and Conditions provide "you must not, sell the whole or any part of the Property, hold the Property on trust for any other person or enter into any agreement to do so without our written consent"
My understanding of Interests of those in actual occupation is that it does not create interests, only protect existing ones.
Could Mr X have the authority to grant them a legal 'interest' as a leaseholder, not a freeholder?
Any/all info adnd advice appreciated.
Me and my husband jointly purchased a freehold property in 2016
We agreed a sale of the freehold in 2020
Our then buyer noticed that our physical boundaries did not match the Land Registry general red outline boundary
Through reasons i dont believe are of any use at this point, our neighbours instructed a solcitor after we fenced of the land contained within our title plan, on behalf of our then buyer.
Neighbours solicitor claimed that the previous owner (Mr X)agreed to the boundary line, and we were bound by thier interest as they were in 'actual occupation' of the land on the day of our purchase.
Thier possession took place sometime between 2013-2016
Our then buyers have now withdrawn, so our sale and purchase has collapsed.
I've recently learned that (Mr X) had a home reversion plan (equity release) making him a tennant from 2009 until our purchase.
Mr X Lease Terms and Conditions provide "you must not, sell the whole or any part of the Property, hold the Property on trust for any other person or enter into any agreement to do so without our written consent"
My understanding of Interests of those in actual occupation is that it does not create interests, only protect existing ones.
Could Mr X have the authority to grant them a legal 'interest' as a leaseholder, not a freeholder?
Any/all info adnd advice appreciated.
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