Should We Give Away Our Garden?

31records

Hello

We have just moved into our new house and have established that according to Title Plan the fence installed between our garden and the garden next door appears to be approx. 200mm out of position!

We know the Land Registry records general boundaries only and as the fence has been in place for 10+ years we recognise that our Neighbour would be entitled to claim ‘adverse possession’ of this land. As said fence is due to be replaced soon we asked our Neighbour if she would consider having a step in the new fence so it’s moved approx. 200mm in our favour at the top of the garden but remains in current position at the bottom…

The split would be 40/60 however we have concerns on both sides around potential problems when either house was sold and as our Neighbour is having a load of work done to the garden she wants to make it all legal. Therefore we had ruled out an informal arrangement or a boundary agreement however we are worried about the implications of having a determined boundary and even more worried if it involves the transfer of land.

1. Is there is a de minimis principle as though it’s a very small area of approx. 200m x 6m I think we are required to ‘give away’ part of our land using Form TP1 and I’m concerned about how it will then look on Title Plan?

2. Notwithstanding the cost of Form DB, Form TP1 and any associated surveyor/solicitor fees do I also need to talk to our mortgagee on the basis that this new legal boundary will be different from the original Title Plan?

Any advice would be much appreciated as though we gain a bit of land we lose out on paper and even if we agreed to leave this fence where it is our Neighbour understandably wants an exact boundary!

Thanks

Owen

nick74

200mm? As in less than 8 inches?

As you and your neighbour both appear to agree that the existing fence is in the wrong position, and the fence is being replaced soon, why not just put the new fence in the right place and be done with it?

Mojisola

31records wrote: »

As said fence is due to be replaced soon we asked our Neighbour if she would consider having a step in the new fence so it’s moved approx. 200mm in our favour at the top of the garden but remains in current position at the bottom

What's the reasoning behind this?

If you're going to change the fence, move it to the right place otherwise you'll have to pay to have both sets of deeds altered to reflect the stepped fenceline.

G_M

Having a dog-leg in the boundary may well raise eyebrows with any future buyer. Far batter to keep the boundary straight since (I assume) the boundary shown on the Title Plans is straight.


If 200mm is the issue but a compromise is sought, move the fence 100mm when you replace it. No buyer is going to question that location, so as long as you and neighbour are happy that's the easiest solution. No need to submit TP1 or alter the Title as the LR Plans are in any case not precise enough to record the change.

shortcrust

I have to say you have very patient neighbours. If new people moved next to me, wanted to move an established boundary by a few inches and involve surveyors, solicitors and the land registry I wouldn’t have been so agreeable.

31records

Hello


nick74/Mojisola – sorry I should have explained that we live on a small hill and our Neighbour’s concrete path is also a retaining wall in her garden and so as a goodwill gesture we thought that bit of the fence could stay.


G_M – and I agree that is my concern because we and indeed our solicitor didn’t spot that this fence was out of position when we bought it and any arrangement where the fence is not straight is going to look a bit odd!


Thanks


Owen

Fosterdog

Are you and the neighbour really going to quibble over 200mm? It could just be that the previous occupiers of your house were the ones who erected the fence and chose to do it slightly on their side of the property line rather than on the exact border, by the time you take off the space the fence and fence posts are taking up you are talking less than 10cm of your property. Either just replace the fence as it is or let the neighbour erect a new fence on the border or slightly their side of it.

Silver_Shark

shortcrust wrote: »

I have to say you have very patient neighbours. If new people moved next to me, wanted to move an established boundary by a few inches and involve surveyors, solicitors and the land registry I wouldn’t have been so agreeable.

I agree with the above as I've been in a similar position myself when new neighbours raised a boundary dispute. Your neighbours need to see a solicitor and have the transfer of land done legally.

hazyjo

31records wrote: »

G_M – and I agree that is my concern because we and indeed our solicitor didn’t spot that this fence was out of position when we bought it and any arrangement where the fence is not straight is going to look a bit odd!

How would your solicitor have spotted it?!


Mine was very insistent that I checked the boundary and checked again.


It's easy to get wrong if just slightly out - I did. My vendor had failed to say she'd bought a tiny wide triangle of land at the bottom of the garden to straighten it up. I had said originally to my solicitor that I'd not noticed it was slightly angled, but there was a shed and tree that side so presumed it was just my eyes making it look straight.

Silver_Shark

From your neighbour's point of view if adverse possession is applicable it can be dealt with by means of an affidavit to vary the title deeds. The neighbour's solicitor will send a transfer document to you and I'd advise you transfer the land voluntarily, simplest solution.

31records

Hello


Fosterdog – the top of our garden is narrow path so approx. 200mm would make a difference and we have small children but I take your point and we might be able to come to an agreement without changing Title Plan.


Silver Shark – good to know how adverse possession works in practice and I think if this fence doesn’t move we need to determine if our Neighbour is comfortable with an informal arrangement or wants Form ADV1 etc.


Thanks


Owen