Q:I have agreed to buy a site with vacant possession. Do I need to be concerned about who is in actual occupation at the moment? Surely it is down to the seller to get rid of them?

May 1, 2002
If your contract for purchase confirms you are buying with vacant possession then yes, it is the seller&amp;’s obligation to secure vacant possession before completion. If they are not able to do this by the contractual completion date then you will have a claim against them for breach of contract. But you should enquire about any current occupiers to avoid any potential delays to you obtaining vacant possession. Ideally, any people that occupy the property other than under a tenancy should be asked to sign your purchase contract agreeing to vacate the land and to waive any interest that they may have in the land on completion. <p></p><p> If the occupiers are there under a tenancy or licence agreement then your solicitor should check these documents for any unexpected rights, which may have been granted. Enquiries should also be made of every person in actual occupation as to whether they believe they have any rights in the land. </p><p></p>

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