Boundary dispute - Land Registry Representative help please

Silver_Shark · 17 October 2016 at 4:45AM

shaun_from_Africa wrote: »

Personally, I don't see that the OP should be liable for any costs incurred by the housing association.

The OP's solicitor has already provided the paperwork stating that they believe that they have the right of adverse possession to the land concerned and as the HA have only recently purchased the adjacent property, surely it is their conveyancing solicitor (or the legal dept of the council if they did the work) that should be liable for any costs as this should have been picked up and queried prior to the purchase being completed.

As far as I'm aware, all the OP (or their solicitor) needs to do now is to submit an adverse possession registration form to the land registry along with the required fee and the affidavit from the solicitor and if this is accepted, the land will be registered to them and then if selling in the future, no declaration about a dispute needs to be made.

Thank you Shaun from Africa, your reply is most helpful. The housing association's original letter to us states that they were aware of the boundary discrepancy prior to purchase and completion.

warby68 · 17 October 2016 at 5:42AM

Silver_Shark wrote: »

Thank you Shaun from Africa, your reply is most helpful. The housing association's original letter to us states that they were aware of the boundary discrepancy prior to purchase and completion.

I know this is the answer you want but you have already said in your OP that your solicitor has advised you that the adverse possession route will be costlier than than the voluntary agreement so take care you don't incur a large cost trying to avoid a (hopefully) relatively small one.

Shaun might be able to clarify why solicitor is wrong but I'd still be wary of a HA with deeper pockets simply 'back and forthing' your costs up regardless of eventual outcome.

Norman_Castle · 17 October 2016 at 8:37AM

Silver_Shark wrote: »

Any ideas on how we move forward.

Find out how much they want you to pay.

Land_Registry · 17 October 2016 at 9:39AM

Seems you have the 2 choices already outlined for you and whilst both rely, to differing extents, on the HA to playing ball in my experience it would be the Adv P route you would take.

I suspect the solicitor has suggested the legal transfer route simply because the HA have said that they were aware of the discrepancy when they bought. That doe snot equate to them being willing to accept any legal costs for them to then enter into a legal transfer of ownership and the work that goes with it.

The Adv P route would most likely result in no additional costs to them other than non-reply or consenting to any notice serviced on them re your claim. If they have not disputed the point to date then I would imagine that they have already considered heir legal position and would not object so in essence they may not have to do anything extra so no additional costs.

You can't force them to complete a Transfer or to take on any additional costs so presumably you revert to the Adv P route and go from there. I'm sure your solicitor can advise on this though and it is their advice you should be taking here

moneyistooshorttomention · 17 October 2016 at 9:55AM

Silver_Shark wrote: »

Thank you Shaun from Africa, your reply is most helpful. The housing association's original letter to us states that they were aware of the boundary discrepancy prior to purchase and completion.

The other side of that though is that I am wondering whether this is the first you knew that a bit of the land you thought was your garden isn't in actual fact.

1. Did you know about this at the time you bought your house and crossed your fingers and hoped no-one would ever query it?

2. Did you buy your house in total ignorance of the fence being in the wrong position - but found out at some point between purchase and the HA finding out? - and crossed your fingers.

3. Was the HA notification to you of this the first time you knew that fence was wrongly positioned?

But - even if it's no. 3 on the list and the news it wasnt yours came totally as an unexpected "bolt from the blue" - I still agree with the others actually that it would be quickest/easiest/cheapest (not to mention most moral) thing to do to just cover the HA costs that they are requesting and that way the land is officially/morally/etc yours and end of the matter.

Boundary dispute - Land Registry Representative help please

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