aquiring extra land

nicholabeveridge

I live in scotland and out the back of my house was some waste land, I put a fence around it and maintained it for the last 8 years. does anyone know my position, as i am about to sell my house.

do you think the valuer or surveyor will notice?

and how would he know ?

what could happen to me if i leave the fence where it is and sell it lke this

I do know the other option is to move the fence back to sell, but i am asking IF I DONT put it back .

the ground doesnt even show up on the council search as i tried to buy, it. It doesnt show anywhere.
any one know where i stand

lincroft1710

Your deeds should have a plan attached showing where boundaries are. So if anyone tries to compare this with what is actually on ground they will notice a difference. In England you have to have occupied land for 12 yrs before you can lay claim to it.

nicholabeveridge

what would happen if they dont notice till after the purchase goes through /

lincroft1710

Purchaser may think he/she has paid for something which in fact they might not own and possibly take some form of action against you.

Pixulated

lincroft1710 wrote: »

Your deeds should have a plan attached showing where boundaries are. So if anyone tries to compare this with what is actually on ground they will notice a difference. In England you have to have occupied land for 12 yrs before you can lay claim to it.

When you say claim it does your property have to be within a certain distance from it?

lincroft1710

As far as I am aware this applies to any parcel of land, you do not have to be in legal occupation of adjoining land.

googler

If at any point you or your agent suggest to buyers that the fenced land forms part of your property, or that it is included in the title of the property, or variations thereof - and the fenced land ISN'T so, then I would say this would be a property misdescription as defined in the Property Misdescriptions Act and could lead to a worst case scenario of your agent being fined many thousands.

If they're doing their job properly, they should ask you what's included as part of your property. If you say to them with a straight face the fenced land is included, and they go ahead on the basis of what you've said, and it later emerges that you misled them, then;

If no-one has complained, they'll probably drop you as a client for having misled them and you'll have to find a new agent.

If they've been hauled over the coals by trading standards, and have been hit with a hefty fine as a result, it wouldn't surprise me if they sue you for the amount of their fine for having misled them.