Garden Boundary issue

abtmay

Offer was accepted, mortgage sorted and valuation came at our offer price. Few minor issues reported in the surveyor report but nothing jumping out. However in the old previous title transfer which shows a larger and much clearer property plan, we realised that the end of the garden on the property plan doesn't tally with our what we viewed. According to the property plan, there should be an area approx 3m by 2m at the end of the garden that belongs to this property, but it was fenced over by the neighbour on the right.

We send over the pictures we took of the garden to the solicitor who in turn queried the vendor solicitor. Today, we received a call from the estate agent and after much negotiation, the estate agent mention that the vendor would want us to sort out the boundary issue ourselves but might be willing to lower the price.

We are not sure how to put a price tag on the area, thus was thinking of obtaining a quote from the solicitor for sorting out the boundary issue and asking the vendor to lower the price by the quotation. Can anyone advise if this is fair or advise other methods.

Would very much appreciate if anyone can help advise what's the process of reclaiming the area.

Raggie

Sounds like there could be an existing dispute between these neighbours... I wonder if this is the case.. And if it's been declaired by the vendors???


Or the vendor "sold" this aera but did not bother updating the land registry??

Richard_Webster

If you viewed the garden without the extra piece and were happy with its size etc, why do you want to "reclaim" it?

Seller needs to sort issue out to the extent that your buyers don't ask the same question - but given that the seller must have accepted the position, is it really worth pushing the point too far?

lincroft1710

If the neighbour has bought it legally or has had unhindered use of land for 12 yrs, it's his.

Does this piece of land make a big difference to total garden size.

abtmay

The vendor bought the property approx 2 yrs ago and from the view of google map, there's trees and bushes, thus likely that vendor didn't realise this issue when he bought the property.

We don't think the piece of land make any diff to the total garden size and we are happy about the current garden size. However as the area in question is within our property plan, we are concern about the issue arising from future sale of the property and the upkeep and maintain of the area (if any).