Potential boundary issue

jojolo_2

Hi,
I'm in the process of buying a house and the survey highlighted there is a potential boundary issue (see snippet below) as a result of the kitchen extension in relation to the party wall between the property and the adjoining property to the left. The property walls do not touch. There just isn’t enough space between them.
I spoke with my Solicitor and he feels the likelihood of there being a problem is quite slim due to the costs that will be incurred on both sides based on what needs to be resolved.
I've told my Solicitor I'm OK to proceed as I feel the risk is low as we're talking a feet or 2. But then it could be if someone really difficult is looking to purchase my property or the one to my left.

Has anyone come across this sort of thing before?
The deeds are of no help as the red lines don't highlight any breach of boundary lines.

Any advice will be greatly appreciated.

TIA

Survey comments:
It is noted that the side elevation of the extension to the left hand side (as viewed from the rear) would appear to extend across the obvious boundary line being the centre of the party wall to the main building. It is also noted that the fencing to the rear of the extension along this same boundary line is also out of line with this centre line of the party wall.

princeofpounds

Out of interest this property isn't anywhere near London is it? Because some near-neighbours of ours are in a house that sounds exactly like the one you describe as being potentially infringed and they are planning to do something about it!*

PS before you get too worried they just want to straighten the fence, not change the extension

sonastin

How long has the extension been there? I think the neighbours have to object with a certain timescale (7 years? 12 years? something like that) or the boundary effectively moves.

jojolo_2

It's not in London. The extension was completed in Feb/06. I'm going to speak to the neighbours. Haven't been able to get hold of them yet and find out if they got on OK with the owner.

JQ.

Don't forget that the neighbours attitude may change significantly should they decide to sell the house and discover their house is unsellable due to the boundary issue.

Personally I would not touch it unless the vendor got it all formally and legally documented prior to exchange.

jojolo_2

Yes, this has occured to me. Unfortunately it's a repo. I'm now considering indemnity insurance. If it's not too expensive I'll go for it. Otherwise the house search continues.