Buying a House - Boundary Doesn't Match Shape of Garden

RetiredExplorer

Hi - first time poster and first time buyer here so would welcome anyone's advice!

I am in the latter stages of buying my first property. It's a house that was built in 2014 and the current owners bought from new.

Everything has been progressing fine until my solicitors spotted that the shape of the rear of the garden doesnt match the boundary line on the Land Registry. The actual fence is flat - whereas the boundary line cuts in a little in a dog leg - eating into what is currently a decking area.

The current owners haven't changed the garden and this was how they bought the house from Taylor Wimpey when they got it as new. The rear fence looks "right" - as in it is perfectly in line with the other back gardens and fits the general space. The fact that the boundary line seems to cut in a few feet in a triangle shape is odd, and would made the garden an odd shape. The current owners never spotted that there was a difference - but do have photos from before they bought the house that that's exactly as the house came.

I am really keen to get in, and they are really keen to move out, and I dont want to hold the process up any longer than I need to. But how bigger an issue is this likely to be? It seems to be an error with the boundary drawing more than anything (would be my guess)

We're getting impatient to complete and move in but dont want to inherent a problem that might cost me a lot of money when I come to sell in the future

I have a call with my solicitor on Monday but anyone got any advice? Do I move in and deal with it later or sort it now? If so how long may that take? Thanks!

Sam

Ms_Chocaholic

How much extra land do you think you are missing?

davidmcn

Who owns the missing bit? i.e. is it a neighbour who also bought from Wimpey, or perhaps was never owned by Wimpey?

If buying with a mortgage then your lender would need to be satisfied with the position, it's not just down to you deciding to take a view.

RetiredExplorer

I am not sure who owns the "missing bit" - it's overgrown wasteland at the moment.

The area that's cutting is is only 2ft or so. The sellers have offered to bring the fence in to match the formal boundary but that would eat into a large chunk of the decking area which was one of the reasons we wanted the house.

Ms_Chocaholic

So if I'm reading this right you have more land than is on the LR rather than less, is that correct? It's not clear. What is on the other side of the fence?

davidmcn

It can probably be covered by title indemnity insurance - which would also be the fastest way of "sorting" it, if both parties are keen to get on with the transaction. The difficulty is that if you later want to sort it properly, the insurance would be invalidated as soon as you contact whoever the neighbouring owner is.

OP, is this on the boundary of the estate? I've seen similar issues before and it's been where the developer has strayed outside "their" land - which would leave you trying to do a deal with whoever the neighbouring landowner is (unless you opted just to get insurance and forget about it).

RetiredExplorer

Correct - we have more land than the registry suggests

The other side used to be a factory that has been knocked down and is currently wasteland

RetiredExplorer

davidmcn wrote: »

It can probably be covered by title indemnity insurance - which would also be the fastest way of "sorting" it, if both parties are keen to get on with the transaction. The difficulty is that if you later want to sort it properly, the insurance would be invalidated as soon as you contact whoever the neighbouring owner is.

OP, is this on the boundary of the estate? I've seen similar issues before and it's been where the developer has strayed outside "their" land - which would leave you trying to do a deal with whoever the neighbouring landowner is (unless you opted just to get insurance and forget about it).

Yes, exactly that - its right on the edge of the estate. It's almost like whoever was putting the fence up thought it would be easier to go in a straight line and "borrow" some land rather than follow the dogleg!

Thanks for the suggestion about title indemnity insurance - I will look into that

RetiredExplorer

Ms_Chocaholic wrote: »

How much extra land do you think you are missing?

Sorry if it wasn't clear - I think the developer "borrowed" land that wasn't theres when putting the fence up. I think the property has more land (slightly) than the actual boundary

davidmcn

RetiredExplorer wrote: »

Thanks for the suggestion about title indemnity insurance - I will look into that

Well, it's your solicitor who will look into it. Or rather, they'll ask the sellers' solicitors to arrange it.

RetiredExplorer

davidmcn wrote: »

Well, it's your solicitor who will look into it. Or rather, they'll ask the sellers' solicitors to arrange it.

Sure - but I didnt even know what it was until you mentioned it. Just been reading about it. At least I can ask when I speak to the Solicitor on Monday.