neighbours garage on my boundary

panzer_pure

hi, i received my deeds to my new build property this week, upon looking at the land registry and the builders plans, we have noticed that the neighbours garage is on our boundary.

its a double garage but split into 2 singles, one for each of us, but with the garage going into my garden, the boundary line has swallowed there side of the garage, someone has made a mistake and not outlined next doors garage in there plans...so where do i stand with this? as i do not want to take away there garage from them but still i own it?

G_M

??

which garage goes into your garden? Your single half? Or is the entire garage on your land? (In which case you are buying a double garage - lucky you!)

POPPYOSCAR

Garages can be built on the boundary of two properties, it does not mean you own it.

Doozergirl

Have you completed?

Tell your solicitor. They will inform the developer to rectify the drawing.

I wonder if you would genuinely own their garage if you didn't point it out. Has next door been sold yet? They'd notice if the garage was missing.

magpiecottage

I doubt you will get very far with your argument.

You clearly believed the boundary to run along the party wall when you bought the property so you have got what you paid for.

The Land Registry plans are also quite imprecise as they are at a very small scale. Even private plans are not precise.

When I compared one that was on roughly an A3 sheet to the real situation, I found a pencil line less than a millimetre thick equated to about a 60 mm wide strip of land.

Doozergirl

I think the OP made a grammatical error in the first paragraph, but the second was clearer.

I think they meant that the garage is within their boundary, not 'on' it. Most replies are therefore baffling - might be best to clarify, OP!

moneyistooshorttomention

I am reading this as being that the nearest side wall only of neighbours garage is (possibly) on OP's land (ie by virtue of that one side wall being where boundary wall should (possibly) be between the two properties.

OP - can you clarify that I have understood what you are saying as being the position?

With that - and, even if it is the case that one wall of neighbours garage is where boundary wall between the two properties should (possibly) be that would certainly not mean that OP owned their neighbours garage.

Add to that that those Land Registry boundaries are not precise literally to the inch. I believe they are exact to within 18". I believe even precise determination of boundaries would still allow for leeway of 4"(?), rather than being absolutely precise to the fraction of an inch.

I doubt that garage wall is much (if any) wider than 4" width and therefore it would be a totally pointless exercise (and start off by alienating the neighbour needlessly right from the outset) to do anything other than leave situation "as is".

There is a pretty comprehensive thread specifically about this sort of topic by a poster called Conveyancer on the Garden Law Forum - called, if I remember aright, "Leave the tape measure alone" that is well worth reading. I think Conveyancer was precisely as their name indicates (but I think maybe more of a solicitor specialising in conveyancing, than a "conveyancer" - as they seem more knowledgeable than a "conveyancer").

moneyistooshorttomention

I've found the thread concerned - and its well worth a read:

http://www.gardenlaw.co.uk/phpBB2/viewtopic.php?f=4&t=3149

Davesnave

Doozergirl wrote: »

I think the OP made a grammatical error in the first paragraph, but the second was clearer.

I think they meant that the garage is within their boundary, not 'on' it. Most replies are therefore baffling - might be best to clarify, OP!

I agree. Some people are overthinking this.

"its a double garage.......the boundary line has swallowed there side of the garage"

"i do not want to take away there garage from them.."

It's a simple error on the plans, which can be corrected. That might or might not be a big deal, depending upon what the purchaser of next door is seeing on their title plans.

Land_Registry

By the sound of it the garage was included in the development but the Transfers of each plot/house may have included too much or all of the garage in one Transfer when it should have been split between the two

If so then presumably the title plans match the Transfer plans?

If so then unravelling it will require the neighbour transferring ownership of the single garage over. Whilst not a big deal it will require some effort and legal paperwork and the mortgage lenders (if any) will need to be involved as well.

If the Transfers have been registered I am afraid you can't turn the clock back and just amend them and/or the title plans.

If that is not what has happened then likely to need some extra detail or clarification

panzer_pure

hi there, I've been at work and not had a chance to look my post,

i don't know how to upload a image but ill try my best at explaining it.

at the bottom of my garden is the garage block split into 2 single garages, one for me and one for next door, mine being the furthest away from my house. this now creates my garden being a L shape garden. with getting the deeds, i noticed on them that the boundary line is not a L shape, and is more square, which means to me I've swallowed there garage in my boundary line.

we are a new build property, the first in the phase too, on looking back the boundary lines have always been the same but we never noticed until we received our land registry with the pictures of the garages dropped into it.

ive spoken to next door, there chasing up his solicitor on when will his deeds come so we can both cross reference it, as well as I've contacted my solicitor too. hopefully this just gets sorted and won't cost us any money as we both feel were not at fault.