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Garden bounderies on Land Registry
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gazfocus
Posts: 2,466 Forumite


We recently viewed a house (about 4 weeks ago) and dismissed it mainly due to the size of the garden. Anyway, fast forward to last week, we started to consider the house again because in terms of the rest of the house, there's not much else that compares in the area.
One thing we were unsure about is a patch of grass inbetween the house we're interested in and the neighbouring house. There doesn't seem to be any 'ownership' of the land so we downloaded the Title Plan from the land registry website this morning. The Title Plan doesn't mention the land we were looking for so may have to get the Title Plan for the neighbouring house too.
However, the Title Plan shows the garden being longer than it actually is. There's just a large empty patch of grass behind the whole row of houses so just wondering what the possible reasons could be that the garden has been fenced smaller than it should be.
Also, if we were to buy the house, could we just simply move the fence to make the garden its actual size?
One thing we were unsure about is a patch of grass inbetween the house we're interested in and the neighbouring house. There doesn't seem to be any 'ownership' of the land so we downloaded the Title Plan from the land registry website this morning. The Title Plan doesn't mention the land we were looking for so may have to get the Title Plan for the neighbouring house too.
However, the Title Plan shows the garden being longer than it actually is. There's just a large empty patch of grass behind the whole row of houses so just wondering what the possible reasons could be that the garden has been fenced smaller than it should be.
Also, if we were to buy the house, could we just simply move the fence to make the garden its actual size?
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Also, if we were to buy the house, could we just simply move the fence to make the garden its actual size?
Yes, assuming that no-one else has established title to the land in the meantime, or an easement over its use.
It's certainly curious...0 -
Also, if we were to buy the house, could we just simply move the fence to make the garden its actual size?
It's usually taken that you buy what you see. If you accept the physical boundaries now and try to change them after buying, you may well find a neighbour pops up with a good reason why you can't.
Investigate it before you buy or risk having to live with the garden as it is now.0 -
House owners often take a surprisingly cavalier attitude when it comes to putting up fences. Laziness and sloppy positioning can cause serious problems later on.
The land plan suggests that it belongs to the house. Find out if it is in use by anyone else."Never underestimate the mindless force of a government bureaucracyseeking to expand its power, dominion and budget"Jay Stanley, American Civil Liberties Union.0 -
Thanks for the responses. The land behind the house is currently vacant and does nothing more than seperate the housing estate and a close by industrial estate.
There also appears to be a path (or some kind of physical boundary) immediately after the fence along the entire row of gardens.
On looking at the Title Plan again, it does actually show the 'fence' but the red boundary on the plan goes beyond that.
Google Maps and Title Plan snippets below0 -
Looks to me like a path along the back. Maybe someone has access rights along that path and people didn't want them traipsing through gardens?0
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The land beyond could be part of the title to this property but be subject to the rights of others to walk over it - this is a common situation where there are rear access footpaths and the ownership is split between the various houses that use it. You would own it but can't do much with it because others have rights of access over it.
You will have to wait until your solicitors see all the documents and explain them to you.RICHARD WEBSTER
As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.0 -
Thanks for the responses. We have just been for a drive round by the house and have a bit more info. The house and garden is on a higher level that the ground behind (as is the rest of the houses). Beyond the fence there is a drop (of around 2ft) but other than that, there is no footpath or anything. It looks like the black line on the Title Plan is actually where the drop is.
Could this be the reason the garden only goes upto where it does?
I accept we are likely to need to wait for a solicitors opinion but we don't really want to go that far if it's gonna be a no go.0 -
So ask the sellers why their fence doesn't inlcude the land that seems to be in their title.
Trouble is that they may well not understand the legal position and may give you a garbled story - but try it and see if you get any light from therm.
My suggestion may still be right - it may have been intended as a shred access but nobody uses it for some reason! This kind of thing does happen!RICHARD WEBSTER
As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.0 -
Could also be that the builders put the fence up to an "easy" place when the built. Our old property did this, we had about 5 m at the back (as did our neighbours) but also the fence was at an angle at the side and should have been straight so we gained a wedge which was about 3m at the end. The builders did it to the edge (ish) of the field.0
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I think that there is a good chance it was a practical step, as you would have a fenced in ditch at the back of the garden which to many owners would appear odd, reduce privacy or cost the builder a lot more on fencing costs, as well as planning consent, for the extra 2 foot height
if the grey bit is a gradient and not as it appears a path, then
1: agree a price as is
2; instruct a real solicitor, and on the QT, take some photos and make their first job to research the title and any rights over it, asap.
3; hold back on other costs until you are certain
4: withdraw offer if 3 advises it is sold as is.Stop! Think. Read the small print. Trust nothing and assume that it is your responsibility. That way it rarely goes wrong.
Actively hunting down the person who invented the imaginary tenure, "share freehold"; if you can show me one I will produce my daughter's unicorn0
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