Birmingham City Council has become involved in a legal dispute after accidentally transferring ownership of a primary school during a house sale more than a decade ago.
Sukhjit Bains bought a three-bedroom house in Edgbaston from the council for £395,000 in 2013. However, a paperwork error meant the sale also transferred ownership of George Dixon Primary School. The property, on Fountain Road, was originally built to house the school's caretaker.
The inclusion of the school was not noticed when the paperwork was signed off by the council's conveyancer 13 years ago. The mistake went unnoticed for more than a decade, and the council has now launched proceedings at the High Court to try to reclaim the school.
Error discovered after solicitor sent wrong contract
The error reportedly occurred after Bains' solicitor sent the wrong type of contract when finalising the sale. The homeowner only found out when the council contacted him last year to ask for the school to be legally handed back.
Bains only discovered the error two years ago, when the council attempted to reclaim the school. His solicitor has said the transfer was to NH Care Ltd, not to him personally. It is now claimed Bains agreed to give the school back but has stopped replying to messages and has declined to sign any papers sent to him.
Officers are said to have made "repeated" attempts to contact the owner by telephone, letter and office visits. The issue had been identified in historic documentation relating to the original transaction.
Council pursuing legal process
Birmingham City Council is now "pursuing the appropriate legal process" after the issue was identified and made public. A council spokesperson said: "Birmingham City Council can confirm that an issue has been identified in historic documentation relating to a property transaction in 2013."
"The council is pursuing the appropriate legal process to rectify the position. As the matter is currently the subject of ongoing legal proceedings, it would be inappropriate to comment further. We remain committed to safeguarding public assets and acting in the best interests of residents, pupils and the school community."
The authority has started High Court proceedings in London against NH Care Ltd and Lloyds Bank, which is named as the lender.
