Selling my house - Obligation to disclose..

Dryw

We are selling our house. When we bought the house my solicitor informed me that a small section of the garden was in fact outside the boundary shown on the land registry map. However, we proceeded to buy the house. The previous owner did not know this when he bought it, just that my solicitor's eagle eye spotted it.
Now we want to sell, am I obliged to tell any seller that a section of the garden is not on the property boundary on the land registry map?
I have had no issues, and that section of the garden has been used for at least 40 years long before we bought the property.

Any advice would be appreciated?

Regards, Mark

WeAreGhosts

We had the exact same situation and our solicitor held up the sale while the owners took out indemnity insurance and their solicitor had them sign a paper to say they had gardened in that section for X amount of years and that they had not been stopped from doing so.

Dryw

We didn’t ask the seller for an indemnity insurance when we bought it.
Now we am selling, am I obliged to tell any buyer that the boundary is not the same as on the land registry. Or is it up to the buyers solicitor to do the checks then come back to me if it is an issue? It wasn’t an issue when we bought it. I’m happy to take an indemnity insurance if required. Mark.

babyblade41

not quite understanding.. when you get the land registry title plan then you check what is on the title to what is on the ground .. is there a difference?

If there is a good solicitor involved but even more important prudent buyer, then you would either lower the offer or if within the 12 year rule go for adverse possession.

G_M

Up to the buyer to query it.


But why have you not claimed thr land under adverse possession and sorted out the official boundary?


(and why are you asking amateurs on the internet instead of your solicitor?)

Dryw

I just haven’t had time to be honest, and it’s never been an issue and doesn’t bother me.

Dryw

I just don’t want to disclose it if I don’t have to, as it may put potential buyer off. Like I said I’ve never had any issues with it myself.. I just wanted to know if I was legally obliged to disclose it? I do feel bad not telling a potential buyer, but would be happy to take an indemnity insurance to cover it if they so wished.

SG27

Just make sure you fill out the property information form honestly, no questions regarding this I don't think. But if asked about it its a good idea to not to lie.

Dryw

I know that’s the dilemma, nobody has asked anything and I can’t see anything on the property form that specifically asks this question. But it’s playing on my mind. Do I just ask my solicitor for advice or am I worrying for no reason and should forget about it.

Tiglet2

If you are not asked a direct question about the boundary, then you don't have to offer any explanation. However if questions regarding the boundary are asked, then you are legally obliged to truthfully answer any enquiries.

There may be delays if the buyer's solicitor wants you to apply to Land Registry for adverse possession. They might accept an indemnity policy but in my experience the options will be: (a) make an application at Land Registry to add this land to your title, (b) provide a Statutory Declaration along with any evidence, or (b) sell the property without the land and potentially have to move the fence/wall back to the original position.

Ultimately, it is the buyers and their solicitor's responsibility to do their due diligence.

G_M

Dryw wrote: »

I just haven’t had time to be honest, and it’s never been an issue and doesn’t bother me.

It's never bothered you till now when you wish to sell. Now it's bothering you.

And it may make your sale more difficult. Dealing with issues in good time rather than last minute is always simpler.

The PIF asks:

8.2
Does the property benefit from any rights or arrangements over any neighbouring property? If yes give details:

8.5
Are there any other rights or arrangements affecting the property? If yes give details:

https://www.lawsociety.org.uk/support-services/documents/ta6-form-specimen/