• Land Law

    By Guest on 30th Oct 2016

    I have exchanged contracts for the purchase of part of my neighbour's garden. We have exchanged contracts but not completed. My neighbour has since sold the property to someone else. Where do I stand legally?

  • 1 Answers

    By Guest on 21/11/2016

    The answer depends on a couple of things. First, did you register a notice against your neighbour's title of your equitable interest? If so then the purchaser from your neighbour will be bound by your right to have the land transferred to you. If not then you have no right to force the purchaser to transfer the land however if the contract did not contain any provision allowing for your neighbour to rescind the contract, or if it did but the conditions for rescission to be be permitted were not met and if you yourself were not in breach of the terms of the contract then you can sue your neighbour for breach of contract and recover whatever losses you have suffered.

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