Encroachment and overhang

Cakeguts

Just move the boundary so that there is no encroachment or overhang.

Davesnave

Draw a diagram and/or take a photo, upload it to a host site like:

https://imgbb.com/

and post the code they give you here. Put an obvious break in it if MSE prevent you from doing this due to low post count.

Someone with more posts than you will then fix it.

Or carry on trying to describe stuff in the way that Dickens did!


(This isn't having a go at you; it's something that crops up all the time here, because people seem to be locked-into a pre-digital world.)

Doozergirl

A picture speaks a thousand words

davidmcn

BossyFlossy wrote: »

Gosh, I’m rubbish at this. The boundary is the wall which encroaches our neighbour, the fence line then follows this line down the garden between the 2 houses. Hope that’s clear.

As mud.

The solicitor who drew up the deeds 7 years ago didn’t find a problem with it, neither did the solicitor who conveyanced for the sale of the old house, nor did the council as the wall has planning permission and building control completion.....don’t know if that’s relevant.

How many of those parties compared what in the deeds with what's on the ground? Reading between the lines, I suspect the buyers' team want to ensure that the discrepancy is exactly what is stated in the deeds. Which is entirely reasonable.

SmashedAvacado

It could just be that the buyer is a rubbish solicitor who is not competent to understand and properly advise on the issue. That’s often why deals such as this fall over.

AdrianC

It's perfectly legitimate to draw up a property boundary that leaves an overhang. It's going to look odd, and be very unusual, but there's nothing to stop it.

Houses have overhung land which isn't owned by the property for centuries - think about all those lovely old buildings where the first floor overhangs the pavement.

Notwithstanding that, flying freeholds are far from unusual - and that's basically what you've created.



Equally, there's nothing to stop a putative buyer's solicitor finding it a worrying situation and advising their clients to avoid it. Nor is there anything wrong in a lender refusing to lend because of it.

And there certainly isn't anything wrong with that putative buyer taking photos to clarify the situation for their solicitor, instead of the solicitor actually visiting the property to appraise themselves of the situation personally... Why on earth would there be? Subterfuge and denial of reality are not helpful sales tactics.

teneighty

But it's a ground floor extension. How can a ground floor wall have an overhang and a flying freehold? Not only that, in the first post the overhang was extended from 21cm to 3 metres. That is one hell of an overhang.

No wonder the poor solicitor is suggesting the buyers pull out.

sheramber

Let's see if this makes sense.

Is 'the wall' a garden wall between the two plots or is it the wall of the extension and it encroaches onto the adjacent plot.

So the extension wall and subsequent fence of the first house have pinched 21 cms from the next door plot.

AnotherJoe

BossyFlossy wrote: »

In addition to this, she sent our buyers to visit the property last week and unbeknown to our agent, they took photos of our overhang and shared them with their solicitor. Legal?

OMG the buyers took pictures of the house they are proposing to buy!! And not only that but in order to help resolve an issue. How dare they.

bigisi

I'm beginning to see why the OP has chosen the screen-name they have.