Selling house but changing garden boundary

subcapsular

Thanks tiglet and if we take the lender out of the situation (I clear my mortgage), neighbour is mortgage free?

Are we still looking at similar time frame?

My other option is to leave the boundary as per original plans and maybe leave a holding deposit with buyers solicitor guaranteeing that post sale neighbour will be amicable and help to resolve the boundary change and if there is any issues I loose the deposit? (Which is 100 percent confident there won’t be).

This way the buyer knows the deposit left will atleast cover cost of replacing the wall boundary.

Does this sound viable?

Tiglet2

Similar timeframe - Land Registry will still take as long whereas consent from lender is likely to be granted while the Land Registry application is still ongoing.

Not sure a holding deposit would work if your buyers have a lender. Their lender may make the mortgage dependent upon this issue being sorted out. They will have a first charge over the property and may not be amenable to the boundary being resolved after completion.

subcapsular

Looks like I have two options submit the application for the land exchange and hope everything doesn’t fall through or reverse boundary back to previous as stated plans.

I also read about an expidited process through land Reg but not sure if it’s any quicker or how to go about it

franklee

subcapsular wrote: »

I also read about an expidited process through land Reg but not sure if it!!!8217;s any quicker or how to go about it

You could try asking on the land registry thread and the Land Registry Representative should reply:


https://forums.moneysavingexpert.com/discussion/5685941/land-registry-questions

moneyistooshorttomention

subcapsular wrote: »

Thanks tiglet and if we take the lender out of the situation (I clear my mortgage), neighbour is mortgage free?

Are we still looking at similar time frame?

My other option is to leave the boundary as per original plans and maybe leave a holding deposit with buyers solicitor guaranteeing that post sale neighbour will be amicable and help to resolve the boundary change and if there is any issues I loose the deposit? (Which is 100 percent confident there won’t be).

This way the buyer knows the deposit left will atleast cover cost of replacing the wall boundary.

Does this sound viable?

I "might" be prepared to go for this if I were your buyer - but it would have to be a rather substantial deposit and I'd "have my eye on you" wondering what else you might have omitted to do BEFORE putting the house on the market (as I'm struggling to think why you didn't sort the boundary issue out first - and then market the house).

wanderer2426

I currently have a similar issue, we were all ready to exchange before the boundary issue and as my buyer has a lender too, they need it sorted pre-exchange. If you get any further info then please keep the thread updated as I too am interested in time scale. So far my solicitor has only emailed the land registry with the details and no applications or scaled plans have been drawn as we are waiting to see what needs to be done to resolve.

ProDave

Nobody has mentioned adverse possession.

As a buyer, I would be happy to go ahead on the basis the boundary WILL be changed on the land registry after the deal, with the fall back that as it has been like that 18 years, if the boundary change did not happen I would win a clain for adverse possession of the land anyway.

DaftyDuck

You might be happy..... but there is the current, and the future, mortgage lender to be considered.

In this case it might just be a piffling bit of garden-swap. Three houses down the paperwork heap might lurk a sneaky landswap that sniffles three feet of driveway, leaving the property landlocked, and no mortgage company will risk that!

rtho782

ProDave wrote: »

Nobody has mentioned adverse possession.

As a buyer, I would be happy to go ahead on the basis the boundary WILL be changed on the land registry after the deal, with the fall back that as it has been like that 18 years, if the boundary change did not happen I would win a clain for adverse possession of the land anyway.

Adverse possession only works without the owners consent.

As this was an agreed action between the neighbours, adverse possession does not apply.

martindow

You mention the area is 1.5 sq metres of land so how far out of line is the new fence? Is sounds as if it could be very close to the outline shown on the plan - they are not accurate to the mm.