Buying a house with a boundary that could be disputed

MNewland

I'm currently trying to buy a house, the deeds for the house show the boundary as it is with the property, the land registry however shows a different line with the neighbouring property.

From looking at the information available it appears that the land registry details are wrong, however the seller won't do anything to get it rectified. I've spoken to the neighbour and they also say that they believe the land registry is wrong and that they have no interest in trying to dispute anything or change boundaries. So I would have to buy it, then register the proper boundary (which the neighbour is ok with)

My solicitor advises against continuing, how much of an issue is this? Should it be easy to sort when the purchase is complete? Does anyone have an idea of what it might cost to resolve?

davidmcn

What do you mean by "the deeds" if not the Land Registry? Is the LR showing too much or too little belonging to "your" house?

MNewland

The title shows the house with land as it is.. the land registry shows a slice of land on one side being on the neighbours plot

davidmcn

MNewland wrote: »

The title shows the house with land as it is.. the land registry shows a slice of land on one side being on the neighbours plot

The Land Registry is the title, so still not sure what distinction you're drawing. Might help if you posted a copy of whatever you're looking at.

babyblade41

If it is with Land registry then I take it is registered ? LR will have seen all evidence and if you feel as though it is still wrong then a surveyor may be able to help.

Rarely LR are wrong but on some occasions it could be a possibility . LR normally ask when looking at the title "is what you see on the ground, is what is on the title_ "

What vendor and neighbours say is irrelevant.. could some of it be unregistered ?

G_M

the deeds for the house show the boundary as it is...

what 'deeds'?The Land registry holds the deeds electronically.

MNewland wrote: »

The title shows the house with ....

what 'title'?
The Land Registry holds the Title electronically.

the land registry shows a slice of land on one side being on the neighbours plot

Do you mean there is a slice of land on your side of the physical boundary, which you believe belongs to the property you are buying, but which the Land Regisry Plan shows this slice to belong to the neighbour?

Slithery

MNewland wrote: »

The title shows the house with land as it is.. the land registry shows a slice of land on one side being on the neighbours plot

What is this other 'title' that you're talking about?

The official source of information for property titles is the Land Registry.

Davesnave

MNewland wrote: »

My solicitor advises against continuing, how much of an issue is this? Only you can answer this question, because you are the one who might have to live without this piece of land. If you'd still want the house without it, there's no great risk.

Should it be easy to sort when the purchase is complete? We don't know, because the problem you have outlined isn't clear at this point. Does anyone have an idea of what it might cost to resolve?
Again, how can anyone know when the problem isn't clear? Altering a title might cost under £2k, but in a dispute it could be £20k and with with no guarantee of a happy outcome.

You can purchase the neighbour's title plan from the Land Registry to see what it shows, or has your solicitor already done that?

paddy's_mum

MNewland wrote: »

I've spoken to the neighbour.... they have no interest in trying to dispute anything

My solicitor advises against continuing, how much of an issue is this?

Should it be easy to sort when the purchase is complete?

Does anyone have an idea of what it might cost to resolve?

In your shoes, I would tread very warily indeed unless of course you relish the idea of the neighbour changing his mind, involving you in perhaps years of stress, quarrel and expense.

It can be sorted but perhaps not by you alone. Consider where you would be if the seller (having sold the 'problem' and got your money sitting in his bank account) declines to have anything more to do with the difficulties.

The cost? Well, how long is a piece of string? What I can tell you is that a boundary dispute forced upon us by a cantankerous, quarrelsome and dementia'd neighbour went on for three years and cost us £15,000 by the time his family removed him for his own safety and wellbeing and we were able to reinstate the fence. That was in the early 2000's so what the legal and survey costs now would amount to, I shudder to think.

I believe your solicitor is giving you sound advice. It is for the seller and his neighbour to resolve, at their expense, not yours. Unless you relish the idea of becoming ill with stress...!

Good luck but there are thousands of houses out there without such possible disaster already built into the purchase.

martindow

I assume that the OP's reference to deeds is to the original paper documents for the house built before registration came in during the 1970s. If this is so maybe an error was made and not noticed on the first registration.

Davesnave

martindow wrote: »

I assume that the OP's reference to deeds is to the original paper documents for the house built before registration came in during the 1970s. If this is so maybe an error was made and not noticed on the first registration.

A distinct possibility, and they can be very vague too. I recall a dispute over a crucial 0.75m2 by a gateway, which no one could locate on the ground with any high degree of certainty.

Then there are developer's plans which look 'professional,' but may not be 100% accurate, as a neighbour near me found when he decided to use one as evidence in a complaint. He soon learned that the one with the Land Registry stamp is the only plan disinterested parties will give credence to.