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Adverse Possession Risk - What is it worth?
iestyn19
Posts: 4 Newbie
In process of conveyancing for house purchase - Semi detached in Midlands
Shared side access land with next door is currently been (and has been for 25+ years) used exclusively by next door; who have been treating it as an extension of their garden (fenced off, well kept, water feature etc.), despite the LR titles showing the land is owned half each property.
Sounds like a clear looming boundary issue; with a potential claim for adverse possession on the way.....
Would you buy this house with this pending issue? Should this issue by dealt with by the seller? And if not is a discount justified?
I heard that an issue like if it goes to court etc can be very costly with court fees, risk of losing land etc and can also appear on future enquiries when come to sell, not to mention I guess the very real risk of having a frosty neighbour!
Shared side access land with next door is currently been (and has been for 25+ years) used exclusively by next door; who have been treating it as an extension of their garden (fenced off, well kept, water feature etc.), despite the LR titles showing the land is owned half each property.
Sounds like a clear looming boundary issue; with a potential claim for adverse possession on the way.....
Would you buy this house with this pending issue? Should this issue by dealt with by the seller? And if not is a discount justified?
I heard that an issue like if it goes to court etc can be very costly with court fees, risk of losing land etc and can also appear on future enquiries when come to sell, not to mention I guess the very real risk of having a frosty neighbour!
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Comments
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Will you have a mortgage? My limited understanding is that solicitor is duty bound to inform the lender of any potential issues. We had a title issue with our sale and we have agreed to give up the land in question to allow the sale to continue. Ours is only a very small amount and not actually our land any way - we have in fact nicked some of next doors land, so are happy to give it back.0
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Meant to say that we were advised to get the issue resolved by our vendor so as to avoid any legal costs.
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Yes will have a mortgage. So I guess that might cause even more issues if my solicitor has to inform the lender....
I dont think the vendor knew it was an issue, as has always rented the house out, so did not identify any 'pending disputes' in the property info form...0 -
If in practice you don't need to use it (do you?), surely you'd just be valuing it on the assumption you don't have any rights over it anyway? It would be more of an issue if you were buying next door.
Is there actually a dispute? What's your solicitor saying about it?0 -
Do you want/need this bit of land?When you initially viewed, I assume you did not realise the land in question might belong to the property. You presumably saw the fence and assumed that was the boundary? So you were happy to pay the price agreed without that land?If so, it's just a question of whether the lender will have a problem. If they don't, then just buy the property, invite the neighbours to tea (once lockdown is lifted) bake a nice cake for them, and live alongside them in harmony....
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The neighbours probably have a case for adverse possession. However 'you' may well still have an easement (right of way) over the land and could force access, as those are not easily extinguished. But it would depend on the details.
No, I wouldn't buy it unless it was amicably settled beforehand. Why pay for a legal dispute?1
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