The Aporia · Birmingham sold a £395,000 house; 11 years later, it found a school went too

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Birmingham City Council sold a three-bedroom former caretaker's house at auction in 2013 for £395,000, and a paperwork error meant the sale also transferred ownership of George Dixon Primary School in Edgbaston. asserted

sale → sell → Edgbaston

The mistake went unnoticed for 11 years while the school carried on as normal. asserted

school → go → years

It came to light on 12 April 2024, when the school looked into becoming an academy and learned that the council no longer owned the site. asserted

council → come → site

The council has since launched High Court proceedings in London against NH Care Ltd, the care provider that bought the house, and Lloyds Bank, its lender. asserted

that → launch → house

A Birmingham house sale that came with a school The house, on Fountain Road, was originally built for the school's caretaker, and its back garden borders the school's playing fields. asserted

garden → come → fields

It was bought at auction by NH Care Ltd, a company linked to businessman Sukhjit Bains, 50. asserted

It → buy → Bains

Both the house and the school were registered under the same Land Registry title, which became the root of the problem when the sale paperwork was drawn up. asserted

paperwork → register → problem

The transfer was drafted on a TR1, the form used to transfer an entire registered title, rather than a TP1, which transfers only part of one. asserted

which → draft → one

Because the house and school shared a title, the TR1 handed over both. asserted

TR1 → share → both

According to the council, the form was prepared on behalf of the buyer, yet the council's own conveyancer signed it off without spotting the error. uncertain

conveyancer → accord → error

Although Bains is the businessman most often named in coverage, the purchaser was NH Care Ltd. asserted

purchaser → name → coverage

Bains and the company's two other directors are reported to have been unaware that the school had been included until the council contacted them. asserted

council → report → them

NH Care has reportedly not yet filed a response to the claim. uncertain

Care → file → claim

After spotting the error, the council approached the company to resolve the matter. asserted

council → spot → matter

The council says Bains initially agreed to return the school, but that communication then stopped and the necessary paperwork was never signed. asserted

paperwork → say → school

With no resolution, it turned to the courts. asserted

it → turn → courts

The case in the High Court The council is asking the court to correct the register and restore its ownership of the school. asserted

council → ask → school

By its account, the original contract covered only the house, so the transfer document did not reflect what was agreed. asserted

what → cover → house

It also argues the mistake was mutual, since the incorrect form was drafted by the buyer's lawyers and executed by the council's conveyancer. asserted

form → argue → conveyancer

Finally, it says that selling school land and playing fields requires the consent of the Secretary of State, which was never obtained. asserted

which → say → State

A council spokesman said it is "pursuing the appropriate legal process to rectify the position. asserted

it → say → position

The school stays open George Dixon Primary School, which has around 324 pupils, has continued to operate throughout. asserted

which → stay → pupils

The house, meanwhile, has reportedly stood empty since the sale. uncertain

house → stand → sale

The case lands as the council, which effectively declared itself bankrupt in September 2023, works through a large programme of property disposals. asserted

itself → land → disposals

A sale that was meant to dispose of a former caretaker's house instead produced a dispute over a primary school, and a High Court claim to unwind it more than a decade later. uncertain

that → mean → it

Birmingham sold a £395,000 house; 11 years later, it found a school went too

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