Advice please on land border issue

pawlala

Evening fellow MSE'ers

I'm after a bit of advice on behalf of parents regarding a land border issue. Their neighbour's driveway runs adjacent to my parent's front garden. Said neighbours wanted their drive way by a few inches, which would take up parent's garden, requiring plants/lawn to be ripped up. Parents verbally agreed to give them up to 6". Neighbours have now gone on holiday leaving builders to begin. Parents told builders that they could have upto a foot. Work has now begun.

I need to know if verbally giving land away to neighbours actually changes anything legally, or should said neighbours have gone down the legal route, regardless of agreement given by parents? Are they in effect simply building on parents land?

The existing driveway edge runs exactly parallel to pathway of this road ( exactly how current deeds show) which is how I suspect it was supposed to be represented on the deeds. Not anymore. It will now run a full 12" into parents land, but obviously the original deed lines still remain.

Will this whole situation cause problems legally down the line if either house was sold? I feel parents have been railroaded to give over a small bit of land in order to keep neighbours happy, but the driveway has not yet been laid and I wanted some info before the work is completed. How should parents/neighbours proceed? I know how I would have proceeded - not given any land away at all!!

Thankyou!

Fire_Fox

How were they railroaded if they went up from six inches to a foot when the owners were not even present? They are probably setting up a boundary query/ dispute for when they sell which could be offputting to prospective buyers and potentially complicated for surveys, valuations and land registry, IMO this is not a very good idea at all. Is the house mortgaged? If so you can't give away or sell bits of land anyway.

pawlala

No mortgage. I think they're just trying to keep neighbours happy allowing them a full foot width extra. I just don't want them to agree to something with the best will in the world, if it will cause them problems if they try to sell their property.

Fire_Fox

Why don't they sell them the land so it's all documented? Surely the neighbours were expecting that?

pawlala

Not sure... I just don't think they want the hassle, they're in their 70's. They haven't asked them to pay for it. They haven't done anything legally. its all verbal. That's why I was worried when I found out.

Fire_Fox

So are the neighbours trying to take advantage of vulnerable older people? Because that is illegal. I appreciate many seventy somethings are extremely switched on, others are not.

sniggings

the answer to your question is yes it will cause problems when selling as now they think they own some of your parents land and the new buyers will no doubt want all that they are paying for on the deeds.

If I were you I would get this drawn up in writing to save problems later.

princeofpounds

It's stupid to have done something informally. But it may not matter too much if the neighbour doesn't take the P!

The boundaries indicated on the title plan are not precise in two important ways. The first is that they are thick lines on a map that is not small scale; that means it is not possible to locate a boundary to an accuracy of much more than a foot or so anyway. The second is that physical features on the ground actually determine a boundary, not a map. Sometimes the map is a little out, and the wall/hedge/bank is the 'real' boundary.

Boundaries can move naturally over times with those features; streams being a natural example, or simply by fences moving an inch or two when replaced or similar.

The point I am making is that it may not be possible for a purchaser to spot that some land has shifted, especially of the boundary doesn't line up with other features that haven't moved. If that's the case and your folks are cool you don't need to freak out. But they can't do it casually if they want to protect their rights in any way.

But I'd be super careful here... Give an inch and take a yard etc.

Go post your query on gardenlaw boundary forums for more specialist responses.

pawlala

sniggings wrote: »

If I were you I would get this drawn up in writing to save problems later.

Drawn up in writing by a solicitor or between the two parties, with photos etc? If solicitor, should the neighbour be paying for all legal costs as the instigator?

princeofpounds

Normal practice is for receiver of a gift of land to pay legals for both parties; they are the ones benefitting after all.

sniggings

pawlala wrote: »

Drawn up in writing by a solicitor or between the two parties, with photos etc? If solicitor, should the neighbour be paying for all legal costs as the instigator?

Solicitor! it's not that expensive, when the other side is getting free land, it's only fair for them to pay all costs when they are getting such a kind offer from your parents.