Buying a House with potential Boundary Issue

throughthickandthin

Hi,

We are in the process of buying a house, and have uncovered a potential boundary issue through comparing old google maps images to new ones. The previous sellers (not the ones we are currently buying off) added an extension in 2013 (ish) and it looks like the fence has been moved out a little bit to accommodate side access. Our surveyors nor our solicitor did not pick this up until we advised them of it, but have since passed the information onto our lenders who have refused to lend us the mortgage funds until the 'issue is resolved'.

The previous sellers & current sellers both said in declaration forms that they have not moved the boundary, and the current sellers solicitors have said that there is not an issue due to the 'general boundaries' law which states that the title plan isn't often clear enough to denote where the exact boundary line is, and the fence falls within that. Our solicitor has gone back to them to say that a formal boundary agreement needs to be put in place in order for us to proceed, but this will cost money & time, and the sellers have threatened to pull out of the sale.

Is there another way forward? Looking for any advice. Happy to send photos.

Thanks in advance.

davidmcn

How much is "a little bit"?

hazyjo

Has moving the boundary made your land smaller or larger? Only it sounds like 'larger' so not sure why you'd mention it to your solicitor or how you thought they'd know? They ask you to check the boundary on plans - they don't visit the property nor look back through old maps.


Have you said you'd expect the sellers to pay all costs to resolve it?

throughthickandthin

The fence has moved roughly 30cm closer to the neighbours property, so it has increased the size of our land in essence. It looks as if there was once a hedge/foliage there though.

We raised it as we thought it may be an issue down the line.

We actually haven't specifically mentioned costs, although we have asked them to resolve the issue via a boundary agreement, so it would be assumed they would take the hit.

davidmcn

How much would it matter if you lost the "extra" strip of land? ie is anything on it, is it essential for access...

hazyjo

30cm? The size of a standard ruler? Blimey. I think mine's out nearly that much as one lot of owners of my house didn't like next door's fence so built another, effectively changing the boundary line if next door took theirs down completely. I am surprised the lender is quibbling over that tbh. Actually, I'm pretty sure my last garden had two fences too. Unless it's a new build, I would have thought it was fairly common to not be totally exact. Only thinking out loud here and interested to hear what others have to say.

throughthickandthin

Wouldn't matter hugely if we lost the land, although it would be a nuisance as we'd lose side access and would be costly to move the fence I imagine...

We don't envisage any boundary dispute as its definitely not obvious that the fence has moved and it doesn't affect the neighbours access in any way. The only thing we are worried about is when we come to sell will we have the same issue....

paddy's_mum

throughthickandthin wrote: »

The fence has moved roughly 30cm closer to the neighbours property It looks as if there was once a hedge/foliage there

I imagine what happened is that previous owners of both properties assumed, reasoned and accepted that the midline of the (previous) hedge was the correct position of the boundary and so placed the fence there.

The current neighbours and the sellers of the house you want don't have a potential boundary problem but by speaking up, you now do!

I don't see how you can overcome this since the mortgage company already know that boundary disputes cost thousands of pounds to resolve if there is conflict and are not going to willingly put their head in a noose.

Can either solicitor see a way forward?

G_M

throughthickandthin wrote: »

Hi,

We are in the process of buying a house, and have uncovered a potential boundary issue through comparing old google maps images to new ones. The previous sellers (not the ones we are currently buying off) added an extension in 2013 (ish) and it looks like the fence has been moved out a little bit to accommodate side access.
so if that's true, you are getting more land for your buck, yes?

Our surveyors nor our solicitor did not pick this up until we advised them of it,
Of course! The solicitor just looks at the Plan, never visits the property - he relies on you to check the Plan matches the reality.
The surveyor is reporting on the conditionof the property, so......

but have since passed the information onto our lenders who have refused to lend us the mortgage funds until the 'issue is resolved'.
So now that you have raised this 'issue', you've efectively stirred upa hornets nest......

The previous sellers & current sellers both said in declaration forms that they have not moved the boundary, and the current sellers solicitors have said that there is not an issue due to the 'general boundaries' law which states that the title plan isn't often clear enough to denote where the exact boundary line is, and the fence falls within that.
True. LR Plans are not definitive at small scale.

Our solicitor has gone back to them to say that a formal boundary agreement needs to be put in place in order for us to proceed,
Now that you've raised the issue,and the lender has become concerned, only a legal resolution is possible. Hence your solicitor is seeking just that.

but this will cost money & time, and the sellers have threatened to pull out of the sale. I don't blame them.

Is there another way forward? Looking for any advice. Happy to send photos.

Thanks in advance.

Either
* convince your lender to allow the purchase as things stand
* find another lender
* convince the sellers to create a formal boundary agreementwith the neighbours (which may take ages and which the neighbours may refuse. Or may want compensaion for their 'lost' land once it's brought to their attention formally)
* find another property

throughthickandthin

Our solicitor suggests the only way forward is through the sellers entering into a formal boundary agreement with the neighbours.

Tom99

I would start looking at other properties, I cannot see that issue being resolved anytime soon.
Make sure your solicitor stops all work on that property to save you any further fees.