Unmarked boundary, buy or hold out?

l33tsp33k

Hello forum,

I've learnt a lot from lurking and reading, looking for your views here...

We're buying a house, it was sold off from a large estate back in the 1970s, and is surrounded by land still belonging to that landowner. (don't worry there's a right of way :-)

The property is fenced in accordance with the Land Registry plan, except in one corner, where around 8m length is unfenced. This is part of the boundary between "us" and the garden of a property rented out by the landowner.

The LR plan indicates a straight line for the boundary on this edge of the property - this includes around 10m that is panel fenced, and then this 8m that is not. Near the boundary are a number of large established conifer trees. The centre line of these trees appear to be parallel to the boundary but around a metre offset into "our" property, if you believe the LR plan of a straight line boundary, and they quite possibly pre-date the 1970s selling off of this plot. The area is heavily overgrown and not used by either party, and is next to the existing (dilapidated) garage.

The approx 8m x 1.5m area enclosed by this unclear boundary is interesting to us because it would enable us to build a wider garage than the current one (which is falling down and too small for a modern car).

The elderly vendor believes the trees are the property of the neighbouring landowner. The LR plan suggests they belong to this property - otherwise there would be a "dog leg" in the boundary.

We've also had sight of the original conveyance for this property, and the LR plan for the neighbouring title, and they all support a straight line boundary and therefore this area of land belonging to our property. I'm aware that LR plans only show "general boundaries".

We've raised the question through our solicitor to the vendor's solicitors but they appear to be unwilling to formally confirm the boundary in this area, probably because it means engaging with the landowner who I believe are represented by an estate management firm - who will no doubt be slow, inefficient and officious.

Our conveyancer suggests we shouldn't worry, we should go ahead, exchange etc on the property, as all the LR plans indicate it is our land.

Other things I read suggest that it should always be for the vendor to sort out any unclear boundary issues.

What would you do?

thanks!

G_M

From what you describe, the land would appear to belong toyour property. You could therefore proceed to purchase, and start using the land/re-building your garage/whatever.


The risk is that this kicks off a dispute, and neighbour disputes can turn ugly - even if you win the legal argument. Do you want sour relations with your neighbour?


If you are confident about the legalboundary, and don't care about relations with your neighbour for the next 20 years..... go ahead!


Otherwise, try to resolve.



Tea and cake! Go and take to the owner of the land and take copies of the various Plans. If/when you agree, the get the lawyers to confirm. That way you may speed things up/circumnavgate the lawyers and management company.


Perhaps.

davidmcn

l33tsp33k wrote: »

Our conveyancer suggests we shouldn't worry, we should go ahead, exchange etc on the property, as all the LR plans indicate it is our land.

Other things I read suggest that it should always be for the vendor to sort out any unclear boundary issues.

It might be for the vendor to sort out boundary discrepancies e.g. where a fence is in the wrong place or the wrong person is occupying land. This sounds like it's just a boundary which isn't marked on the ground, which is hardly unusual.

AdrianC

Meet up with the others, on the land, with copies of all the maps and google aerial pics printed out. Take an aerosol paint can with you.

Have a civilised discussion, agree (if you can) on where the boundary fits everything best, and spray that line on the ground.

Then put something more permanent there - again, jointly...

l33tsp33k

Thanks for the tips. Cake is a good idea, however having cake with the landowner - a thousand acre property trust managed by Savills - may be tricky. :-)

There may be other people to ply with cake though. For example the tenants in the property next door. I think they might quite like the nasty conifers gone, to give them more light in their garden, so if we offered to take them down, that may make them happy...

The new garage won't be happening for a few years until we've saved up for it, but I would like to put a stake in the ground - quite literally - as to the location of the boundary well beforehand...