How would you feel about buying with garden boundary title issues?

Missy79

Hi All,
I am in the process of buying a property (https://www.goodchilds-uk.com/properties/12821725/sales) which turns out to be a part exchange property. One of the issues that has been raised is that the land registry boundaries don't match the actual garden boundaries. This equates to probably around 1/3 of the rear garden (official boundary lies before the brick shed, probably cutting roughly through the middle of the greenhouse in the garden image). The additional land appears to be unregistered and ultimately slopes down quite steeply at the end of the garden to a public walk through the woods.

I understand that potentially it could be claimed via adverse possession; however, because it's part exchange they would have to go back to the original seller and attempt to get a statutory declaration that it has been occupied etc, they seem very reluctant to do this and prefer to brush it off as not a problem. I am still awaiting my mortgage lenders response.

I would like to know peoples' opinions of what they feel the significance of this issue to property value/potential onward sale is, particularly if they can't or won't get the statutory declaration etc. as I would obviously be back to square one with regards to land occupancy without it.

princeofpounds

You seem to know what situation you’re in, so not sure what we can add. If you were happy to own the property without the extra land then it’s not a problem to carry the risk. Given it’s probably been there a long time and there is no obvious and present adjacent owner to dispute with, chances are good you’ll be left alone. But you cannot count on it.

I suppose it’s a bit weird they won’t pursue statutory declaration. Probably hoping they can just brush your concerns off. You can insist if it’s really important to you to secure full title.

As long as your solicitor knows what you are buying in title, it shouldn’t be an issue unless the mortgage company downvalues it too much to account for the defective title to that last part of garden.

AdrianC

Would you buy it for that price with the smaller garden?

If yes, then go ahead.

Treat the additional section as yours, and document having done so. Then, in a dozen years time, launch the adverse possession procedure.
If, within that dozen years, something happens to it... hey-ho. You were happy buying the place without it anyway, so haven't lost anything.

blue_max_3

Reduce your offer by £10k. That tends to focus the mind.

Davesnave

Other considerations aside, it looks as if neighbours have done similarly and the steepness + location suggests there'd be no obvious reason for anyone subsequently turning up as owner finding it worthwhile to start a legal challenge.

tom9980

Looking at the layout there is no chance anyone will care, nobody can use that land and all the other neighbours have done the same.

AdrianC

Looking at Streetview to identify exactly which house it is, and then looking at the satellite shot, I'd say your chances of any issues were roughly zero.

Either way, it seems to be well-established woodland leading down to a brook, thence onto fields. I'd have thought the most likely cause of issue would be the farmer selling that section off for development, and if it's as steeply sloped as Streetview implies from the end of the road, a few doors down, that's massively unlikely. Especially if the path through the woods is a public RoW. Unfortunately, Multimap seems to be down, so I can't see what the OS map says.

blue_max_3

I would wonder if the neighbours are in the same position? If either side has incorporated it, it may mean there is no way to access it any more.

davidmcn

Missy79 said:

I am still awaiting my mortgage lenders response.

Is this via your solicitor? I wouldn't expect a discussion directly between you and your lender to be very productive, as they'll probably be none the wiser.

It's not that uncommon for there to be a missing title to a bit at the bottom of gardens - not a huge issue if it doesn't affect the house itself or access to it. Here worst case scenario is that you also lose the shed and half the greenhouse, which isn't ideal, but I doubt it would affect the overall value that much.

It would be reasonable to ask the sellers to get (or pay for) defective title insurance, which would at least prop up any loss in value. And then you can sort out remedying the title properly in your own time.

Davesnave

blue_max_3 said:

I would wonder if the neighbours are in the same position? If either side has incorporated it, it may mean there is no way to access it any more.

Except via the rear fence or hedge?

blue_max_3

Davesnave said:

blue_max_3 said:

I would wonder if the neighbours are in the same position? If either side has incorporated it, it may mean there is no way to access it any more.

Except via the rear fence or hedge?

It's a public footpath, so unlikely to be suitable for vehicular access. Therefore unlikely to be built on. Someone would have to be very determined to wish to make use of it.