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  • FIRST POST
    • shaunhouse
    • By shaunhouse 5th Oct 17, 8:47 PM
    • 60Posts
    • 25Thanks
    shaunhouse
    land registry plan of property shows neighbours garden within ownership...
    • #1
    • 5th Oct 17, 8:47 PM
    land registry plan of property shows neighbours garden within ownership... 5th Oct 17 at 8:47 PM
    I am currently purchasing a 4 bed detatched house with front and rear gardens.

    The land registry plan of property has come back with boundary lines taking a part of the future neighbouts back garden.


    If it was the otherway round I would be more concerned but am i missing something?
Page 1
    • HampshireH
    • By HampshireH 5th Oct 17, 9:19 PM
    • 116 Posts
    • 125 Thanks
    HampshireH
    • #2
    • 5th Oct 17, 9:19 PM
    • #2
    • 5th Oct 17, 9:19 PM
    Has your neighbour taken some form of ownership over the garden and fenced it off? So implying it is theirs?

    When I say ownership I don't mean it in the true sense of the word but cannot think of the right word to use.
    • shaunhouse
    • By shaunhouse 5th Oct 17, 9:46 PM
    • 60 Posts
    • 25 Thanks
    shaunhouse
    • #3
    • 5th Oct 17, 9:46 PM
    • #3
    • 5th Oct 17, 9:46 PM
    i have no access to this or any part of the neighbours garden. The neighbour utilises the full length of the garden including the part that is "owned" by me. It is fully utilised by the neighbour and I have a fence up down the middle boundary.
    • Cakeguts
    • By Cakeguts 5th Oct 17, 10:04 PM
    • 2,853 Posts
    • 3,904 Thanks
    Cakeguts
    • #4
    • 5th Oct 17, 10:04 PM
    • #4
    • 5th Oct 17, 10:04 PM
    What is at the left hand end of that strip of land?
    • shaunhouse
    • By shaunhouse 5th Oct 17, 10:06 PM
    • 60 Posts
    • 25 Thanks
    shaunhouse
    • #5
    • 5th Oct 17, 10:06 PM
    • #5
    • 5th Oct 17, 10:06 PM
    What is at the left hand end of that strip of land?
    Originally posted by Cakeguts
    The right boundary of another detached properties land.
    • Mossfarr
    • By Mossfarr 5th Oct 17, 10:13 PM
    • 424 Posts
    • 563 Thanks
    Mossfarr
    • #6
    • 5th Oct 17, 10:13 PM
    • #6
    • 5th Oct 17, 10:13 PM
    Why don't you arrange a second viewing and ask the vendor?
    • Davesnave
    • By Davesnave 6th Oct 17, 3:15 AM
    • 23,299 Posts
    • 88,882 Thanks
    Davesnave
    • #7
    • 6th Oct 17, 3:15 AM
    • #7
    • 6th Oct 17, 3:15 AM
    The most likely explanation is that the strip once formed part of a pathway to the second neighbour's back garden, passing behind the garden of your future immediate neighbour.

    Normally, such paths aren't part of any individual property's title, but in this case it could be that 'your' house owned this strip. Now refuse collectors no longer trek down rear paths, or householders maintain them, many have fallen into disuse. It's quite common when this happens for people to take possession of the strip behind their house.

    It may be that the neighbour here took possession of the path informally, with or without the permission of the person living in 'your' house. If this is the case, then the matter will need sorting-out before contracts are exchanged. What's on the plan ought to match what's on the ground.

    Things like this happen. When we bought our house, the owner and the neighbour had come to an agreement over something, but it didn't occur to them that their title plans would need amendment.
    'A society grows great when old men plant trees whose shade they'll never sit in.'
    • shaunhouse
    • By shaunhouse 6th Oct 17, 11:33 AM
    • 60 Posts
    • 25 Thanks
    shaunhouse
    • #8
    • 6th Oct 17, 11:33 AM
    • #8
    • 6th Oct 17, 11:33 AM
    Why don't you arrange a second viewing and ask the vendor?
    Originally posted by Mossfarr
    Its a private sale dealing with the son as the vendor is too ill.
    • shortcrust
    • By shortcrust 6th Oct 17, 11:43 AM
    • 1,356 Posts
    • 1,775 Thanks
    shortcrust
    • #9
    • 6th Oct 17, 11:43 AM
    • #9
    • 6th Oct 17, 11:43 AM
    My title plan has a similar discrepancy, but it's my neighbours that have a foot wide strip of my garden. It's clearly been like that since they were build 100 years ago so the plan has never been accurate. I'm not bothered about it and clearly no one else has been either for all that time.
  • Land Registry
    One of the things that always has to be asked of the seller or their representative. You will find many threads on here where people have bought and then discovered they don't own all of the land/it's not inclouded in the title they thought they had bought as it is registered to next door.

    A conveyancer would ask you to compare the title plan for the property being bought with the reality on the ground - as you are here.
    Any issues would then go back to the seller to respond to.

    Davesnave has covered some of the most likely possibilities but it is crucial to ask the seller's son and wait for their reply. The lie of the land may offer some clues but only the selelr and neighbour are likely to have an answer.

    Once you have that you have something to work with as to what happens next and we can probaly offer more direct advice as a result. At the moment you have the registered details and a Q which only they can answer for you.

    Note - a discrepancy of a foot would not show up on a title plan. The discrepancy you have here is much larger
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
    • shortcrust
    • By shortcrust 6th Oct 17, 12:02 PM
    • 1,356 Posts
    • 1,775 Thanks
    shortcrust
    One of the things that always has to be asked of the seller or their representative. You will find many threads on here where people have bought and then discovered they don't own all of the land/it's not inclouded in the title they thought they had bought as it is registered to next door.

    A conveyancer would ask you to compare the title plan for the property being bought with the reality on the ground - as you are here.
    Any issues would then go back to the seller to respond to.

    Davesnave has covered some of the most likely possibilities but it is crucial to ask the seller's son and wait for their reply. The lie of the land may offer some clues but only the selelr and neighbour are likely to have an answer.

    Once you have that you have something to work with as to what happens next and we can probaly offer more direct advice as a result. At the moment you have the registered details and a Q which only they can answer for you.

    Note - a discrepancy of a foot would not show up on a title plan. The discrepancy you have here is much larger
    Originally posted by Land Registry



    Sorry, quite right. I'm thinking about the more detailed plan in my deeds.
  • Land Registry
    [/B]

    Sorry, quite right. I'm thinking about the more detailed plan in my deeds.
    Originally posted by shortcrust
    No need to apologise and apologies if my post sounded critical as it was not intended to be so - merely highlighting the fact that every property, every boundary and every neighbour/seller are unique and as you appreciate every deed also
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
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