land registry plan of property shows neighbours garden within ownership...

shaunhouse

I am currently purchasing a 4 bed detatched house with front and rear gardens.

The land registry plan of property has come back with boundary lines taking a part of the future neighbouts back garden.


If it was the otherway round I would be more concerned but am i missing something?

HampshireH

Has your neighbour taken some form of ownership over the garden and fenced it off? So implying it is theirs?

When I say ownership I don't mean it in the true sense of the word but cannot think of the right word to use.

shaunhouse

i have no access to this or any part of the neighbours garden. The neighbour utilises the full length of the garden including the part that is "owned" by me. It is fully utilised by the neighbour and I have a fence up down the middle boundary.

Cakeguts

What is at the left hand end of that strip of land?

shaunhouse

Cakeguts wrote: »

What is at the left hand end of that strip of land?

The right boundary of another detached properties land.

Mossfarr

Why don't you arrange a second viewing and ask the vendor?

Davesnave

The most likely explanation is that the strip once formed part of a pathway to the second neighbour's back garden, passing behind the garden of your future immediate neighbour.

Normally, such paths aren't part of any individual property's title, but in this case it could be that 'your' house owned this strip. Now refuse collectors no longer trek down rear paths, or householders maintain them, many have fallen into disuse. It's quite common when this happens for people to take possession of the strip behind their house.

It may be that the neighbour here took possession of the path informally, with or without the permission of the person living in 'your' house. If this is the case, then the matter will need sorting-out before contracts are exchanged. What's on the plan ought to match what's on the ground.

Things like this happen. When we bought our house, the owner and the neighbour had come to an agreement over something, but it didn't occur to them that their title plans would need amendment.

shaunhouse

Mossfarr wrote: »

Why don't you arrange a second viewing and ask the vendor?

Its a private sale dealing with the son as the vendor is too ill.

shortcrust

My title plan has a similar discrepancy, but it's my neighbours that have a foot wide strip of my garden. It's clearly been like that since they were build 100 years ago so the plan has never been accurate. I'm not bothered about it and clearly no one else has been either for all that time.

Land_Registry

One of the things that always has to be asked of the seller or their representative. You will find many threads on here where people have bought and then discovered they don't own all of the land/it's not inclouded in the title they thought they had bought as it is registered to next door.

A conveyancer would ask you to compare the title plan for the property being bought with the reality on the ground - as you are here.
Any issues would then go back to the seller to respond to.

Davesnave has covered some of the most likely possibilities but it is crucial to ask the seller's son and wait for their reply. The lie of the land may offer some clues but only the selelr and neighbour are likely to have an answer.

Once you have that you have something to work with as to what happens next and we can probaly offer more direct advice as a result. At the moment you have the registered details and a Q which only they can answer for you.

Note - a discrepancy of a foot would not show up on a title plan. The discrepancy you have here is much larger

shortcrust

Land_Registry wrote: »

One of the things that always has to be asked of the seller or their representative. You will find many threads on here where people have bought and then discovered they don't own all of the land/it's not inclouded in the title they thought they had bought as it is registered to next door.

A conveyancer would ask you to compare the title plan for the property being bought with the reality on the ground - as you are here.
Any issues would then go back to the seller to respond to.

Davesnave has covered some of the most likely possibilities but it is crucial to ask the seller's son and wait for their reply. The lie of the land may offer some clues but only the selelr and neighbour are likely to have an answer.

Once you have that you have something to work with as to what happens next and we can probaly offer more direct advice as a result. At the moment you have the registered details and a Q which only they can answer for you.

Note - a discrepancy of a foot would not show up on a title plan. The discrepancy you have here is much larger

Sorry, quite right. I'm thinking about the more detailed plan in my deeds.