Buying part of neighbours garden

davidmcn

Mickey666 said:

Blimey . . . .  all that for 3m x 3m.

Unless the existing plots are really tiny, 3m x 3m could easily fall within the general uncertainly of property boundaries

If we're literally talking about a 3m x 3m square, I think that's sizeable enough to be apparent from a title plan - especially if the proposal is to create an obviously odd shape. Might be different if the plan was to shift the whole length of a straight fence a bit with 9 square metres being spread down the length of the garden.

Better to do it properly anyway rather than it throwing a spanner in the works when somebody asks questions in the middle of a sale.

newuser111

Thanks for all the advice. Pretty much got what we need to know. Thanks again 

davidmcn

Mickey666 said:

Slithery said:

Mickey666 said:
The OP has said that both properties have 'decent gardens' so 3x3m will be easily 'lost' within the title plan.

If, in the future, anyone wants to dispute the boundary the only resolution will be to engage a boundary surveyor and, guess what, they'll come along and if they see clear, unambiguous boundary fences they'll declare those fences as the boundary because there would be no evidence to the contrary.

Surely that all depends on the layout. If it means changing a dog-leg border to a straight one or vice-versa then it will be blatantly obvious that the plans are incorrect.

Besides, who is ever going to dispute it?  The current two neighbours are hardly likely to have a dispute over it and any new buyer of either property will clearly see what they they are buying.

And when the solicitor for the buyer spots that the physical boundary doesn't match the legal boundary?

greatcrested

newuser111 said:

Why would I need permission to increase the value of my house? Didn't ask if we could get the kitchen and bathrooms done and they've made it more valuable.

If you are refering back to my post above:

3) then you get your lender's consent - a formaility as you are potentially increasing the value of your property.

it is because you are changing the property's Title Plan. Where a property has a Charged (mortgage) registered against it with the Land Registry, the LR will not make changes, or allow a sale, without the consent of the Charge holder (mortgage lender).

Your kitchen renovation did not require any change to the Land Registry Title.

However, my comment, and explanation above, assumes you will be merging the additional land into your existing Title.

If instead you decide to create a brand new Title just for this piece of land, then you are right - your existing Title will be unaffected and so your lender's consent would not be required. You will then own two separate Titles.

greatcrested

Mickey666 said:

I’d love to know how much this tiny patch of land is costing.  The legal fees for the procedures being proposed must be way more than the land is worth and this is supposed to be a money saving website  

The 'worth' of the land is subjective. To the OP, it may be worth far more in terms of the pleasure/benefit he will receive from owning it than its value would be to you or me.

GDB2222

When we did something similar, the total fees came to £1500. But that was with me doing a lot of the legal work on our property, as we had no mortgage. The other party were using a fairly expensive solicitor, though. 

I’d suggest budgeting for £2000+ fees, and be pleasantly surprised if it comes in lower.