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Buying a house with a boundary dispute in place
free1000
Posts: 9 Forumite
I'm close to buying a house, but there is a problem with the boundary, I guess it may have caused problems with earlier failed purchases.
The house has a very large garden, nearly an acre. However it has very limited side access, probably no more than 3 feet, so its impossible to get any serious equipment through for landscaping, building at the rear of the property etc.
However the vendor is offering an additional access strip of land for sale for which he has a title, but which currently lies within the neighbours boundary. There are reasons for how this arose that explain this anomalous state of affairs, so it is definitely the case that he has the title. The neighbour told me they did not see this land in the searches, however they have known about it at least before I appeared on the scene and therefore had the potential ability to purchase it.
I understand that land registry title is not the definitive determinant of boundaries. If an actual boundary has been constructed and has been in place for a period of time, it defacto overrides a title in many (most?) cases. The boundary has been established some time prior to 2004, but not before 1999.
The question I have is... does this access strip have any value whatsoever? I am thinking it may not.
(This is a purely legal question, on the other side, I feel that if one bought a house and the first thing one did was to tell the neighbour you had bought a strip of land inside their property... I think it would doom your relationship with the neighbour, so it might be an unwise thing to purchase even if legally it was kosher).
The house has a very large garden, nearly an acre. However it has very limited side access, probably no more than 3 feet, so its impossible to get any serious equipment through for landscaping, building at the rear of the property etc.
However the vendor is offering an additional access strip of land for sale for which he has a title, but which currently lies within the neighbours boundary. There are reasons for how this arose that explain this anomalous state of affairs, so it is definitely the case that he has the title. The neighbour told me they did not see this land in the searches, however they have known about it at least before I appeared on the scene and therefore had the potential ability to purchase it.
I understand that land registry title is not the definitive determinant of boundaries. If an actual boundary has been constructed and has been in place for a period of time, it defacto overrides a title in many (most?) cases. The boundary has been established some time prior to 2004, but not before 1999.
The question I have is... does this access strip have any value whatsoever? I am thinking it may not.
(This is a purely legal question, on the other side, I feel that if one bought a house and the first thing one did was to tell the neighbour you had bought a strip of land inside their property... I think it would doom your relationship with the neighbour, so it might be an unwise thing to purchase even if legally it was kosher).
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Comments
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If your vendor has Title to this access strip registered at the Land Registry, then he owns the land. And can sell it to you.
The erection of a boundary fence does not alter that fact. However the difficulty could be in determining exactly where the true boundary is since LR Plans are not of sufficient scale to determine precise location.
The value of the access strip is... whatever someone is willing to pay to buy it. If the neighbour wanted to buy it to extend their garden and got into a bidding war with you (or another buyer) then clearly its 'value' would rise.0 -
It has value to you as without it the land has restricted access. I wouldn't touch this with a barge pole.0
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The erection of a boundary fence does not alter that fact. However the difficulty could be in determining exactly where the true boundary is since LR Plans are not of sufficient scale to determine precise location
Its hard to work out what evidence would do. I have an aerial photo from 1999 that provides a reasonable guide that the LR boundary is correct, and some surveyors plans that support the LR boundary.
Still, the legal advice is that its what's on the ground that matters. So I'm really not sure what would happen if it was contested.0 -
It has value to you as without it the land has restricted access. I wouldn't touch this with a barge pole.
Did you mean you wouldn't touch it with or without the access strip?
Is that restrictive access really a deal breaker, and why? I'm interested in your point of view because I think when I came eventually to move I'd be faced with many shades of opinion about this.
If many people would not 'touch it with a bargepole' then perhaps I shouldn't0 -
How many neighbours are involved here ?
Keep in mind these things can be lengthy and can drag on for ages. Personally if I can get a legally binding document, I will pay a visit to the neighbours and make sure they are on board to avoid any complications later.Nothing is more damaging to the adventurous spirit within a man than a secure future. - Alex Supertramp0 -
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I wouldn't buy without the access strip being included.
The first reason is it severely restricts access and makes using the land difficult if not impossible depending on what you want to do with it.
I think the vendor has a bloody cheek as they are trying to sell it separately. This land only has more value because of the restricted access and they know it.
This with the piece of land in dispute. The neighbour could claim adverse possession, how long have they had it fenced in. Legal disputes over this can be lengthy and expensive, land registry documents aren't always accurate or conclusive.
Even if you win it will then show as a dispute should you ever wish to sell the house.0 -
So let me get this straight.
1) you are buying a house that has a 3 foot access strip.
2) the vendor has offered an additional width extension to this access strip for additional money.
3) the vendor may not actually have rights to sell this access strip.
I would get the vendor to either include it or walk away as it sounds dodgy/damn right cheeky. If the vendor includes it then it is up to the solicitor to check if it is valid in the sale (and possibly look at appropriate insurance policies against claims if it is not). Speaking to the neighbour might be a good idea too; if they are downright militant about it then you can guess what will happen if you move in - not the best of starts.0 -
Boundary dispute .. been there, done that and would NEVER, EVER get within a mile of a property with uncertain boundaries again!
Why would anybody in their right mind pay out good money for perhaps years of bitter dispute, stress, unhappiness and haemhorraging money in legal fees?
Run away, OP, as fast as your little legs will take you. There are thousands of unfettered houses out there just waiting to provide you with a peaceful, happy home.
Bet then again, perhaps you are the type that would buy a motor from Arthur Daly :-)0 -
Our house only has a 1 metre (3 feet) side access and we get everything down there that we need to. Don't most houses only have a 1 metre side access?"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur." -- Red Adair0
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