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

Davesnave

blue_max_3 said:

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.

Yes, I implied that in my first post, but you said there was no way to access the land, and that isn't true.

Perhaps I'm being pedantic?

blue_max_3

Davesnave said:

Yes, I implied that in my first post, but you said there was no way to access the land, and that isn't true.

Perhaps I'm being pedantic?

Was more thinking of potential development really. In different times, I'd suggest a chat to the neighbours, but might be a little tricky at the moment.

Missy79

@AdrianC It does indeed slope steeply away behind down to firstly from the end of the garden down to a public footpath and then much further down to the watercourse so I'm not concerned about it being claimed and at least some of the neighbours have done similar although the degree to which there is unregistered land does vary along the street due to the variation in the slope. 

@davidmcn Yes via my solicitor, I'm only getting a small mortgage so don't think that it will be a deal breaker but my solicitor has informed me that the bank also had an additional query raised with regards to the developer's purchase.

With the terrain as it is behind the property I can't see any potential for vehicular access or potential development at any stage in the future. 

Although I have no plans to move in the short term I'd be keen to get it claimed officially just to remove any potential future issues with a sale so I may push for the statutory declaration which would enable this.

Tiglet2

We sold a house a few years ago with an identical issue.  All the neighbouring houses were the same.  I think over the years, fences got moved back because the unregistered land was landlocked and wasn't being maintained.  As sellers we paid for a Statutory Declaration/Statement of Truth to state that the area had been incorporated in our garden for at least the entire duration of our ownership and we also applied to the Land Registry for possessory title to the unregistered land.  We had owned the property for 14 years though so it was straight forward, but did add 3 months to the length of the transaction.  

Missy79

I wouldn't be surprised if the garden had actually included this bit of land since it was built as it basically extends to where it begins to slope away, the extent of this bit of land varies from house to house due to the variation in the slope whereas the plans seem to show all of the houses with pretty much the same sized rectangular gardens. The unregistered bit of land is just an uneven semi-circular sort of shape that is relatively small (certainly not big enough to build on etc) and pretty much inaccessible from the other side due to the slope. It looks more like the original planners didn't want to draw an uneven line on the plans as I think the house on the right probably has a smaller garden than the plans seem to indicate in actuality. 

When my solicitor raised the query she did request that the vendor claimed title via the expedited process and got an indemnity policy to cover this.
Their solicitors response boiled down to I suppose we could try and get a statutory declaration. No mention of the rest of the process but at least the statutory declaration would allow me to pursue it myself. Also to date their response to missing building regs, fensa certs, planning permission etc has been "get an indemnity policy yourself".

Tiglet2

No, the seller should pay for a building regulations indemnity policy and I highly doubt your solicitor would accept this response.  The seller has probably responded to an enquiry with this response, but unless it becomes a deal breaker, it is generally accepted that it is the seller who should provide and pay for any lack of documentation on their own property.

Missy79

I know that it is usual for them to pay, I've done it myself, but the seller is now a developer and has refused to pay for the indemnity policies (breach of covenant, building regs on 2 separate extensions, electrical and warm air heating gas boiler install etc). They also wrote in to the contract that I would pay for their searches from their acquisition of the property last year (I only got confirmation that my solicitor wouldn't be charging for this when they sent the completion statement despite asking). My solicitor said that they requested they pay for the indemnity but they refused, they have argued no further. I do have concerns over the developer's attitude and don't think I would pursue a part exchange property again. 

None of the issues are a deal breaker by themselves but I'll admit I'm finding them increasingly annoying cumulatively. They did send me quotes for indemnity policies which I thought was 'kind' of them.

Tiglet2

Also to date their response to missing building regs, fensa certs, planning permission etc has been "get an indemnity policy yourself".

Apologies for not making it clearer, I was responding to the above from the OP, not the lack of title

Missy79

One representative from my conveyancing solicitor sent a letter to the vendor requesting that they proceed with the expedited adverse possession claim route (about 2 weeks ago), a different representative is now saying that is impossible as they don't have the required length of tenure (appreciate this is the case for the current vendor) despite the vendor saying that perhaps they could get a statutory declaration from the original seller. Ever feel like your solicitor is not necessarily acting in your best interest?! Or in fact knows what's going on at all given the discrepancy in their response from different people!

edgex

Does the rear boundary look like it does on the council planning map?
https://apps2.staffordshire.gov.uk/WEB/OnTheMap/planning