Right to Buy Title Plan

s_w4554

We have lived in our council property for 25 years and have applied for the Right to Buy. We are near completion but spotted a boundary issue on the Title Plan.

It's a 1930s property and our garden is a long rectangle, however the Title Plan shows our garden to be an upside down L shape with the additional plot of land sitting behind the neighbours garden. The neighbours (also council tenants moved in before us) have used this plot of land (dumped their rubbish on it since the 1990s, recently built a shed on part of the plot and fenced the plot off to us 2 years ago). As the plot sits behind the neighbours garden we assumed it was there's. 

Our solicitors informed the council of the boundary issue and the councils legal team initially responded by asking us to accept the Title Plans as drawn (ignoring the boundary encroachment). However they have now said they are changing the Title Plan to take the additional plot of land off our Title Plan and attach it to the neighbours. My solicitors have questioned the reasoning behind this. Whilst we await the council's response I thought I'd share our story and get people thoughts or experiences of boundary issues.

Its coming across to us that rather than the council addressing the boundary encroachment they are taking the plot of land away (that we never knew was ours) as an easy resolution to 'protect the council' (council's words). Is it easy to change a Title Plan?

HampshireH

s_w4554 said:

We have lived in our council property for 25 years and have applied for the Right to Buy. We are near completion but spotted a boundary issue on the Title Plan.

It's a 1930s property and our garden is a long rectangle, however the Title Plan shows our garden to be an upside down L shape with the additional plot of land sitting behind the neighbours garden. The neighbours (also council tenants moved in before us) have used this plot of land (dumped their rubbish on it since the 1990s, recently built a shed on part of the plot and fenced the plot off to us 2 years ago). As the plot sits behind the neighbours garden we assumed it was there's. 

Our solicitors informed the council of the boundary issue and the councils legal team initially responded by asking us to accept the Title Plans as drawn (ignoring the boundary encroachment). However they have now said they are changing the Title Plan to take the additional plot of land off our Title Plan and attach it to the neighbours. My solicitors have questioned the reasoning behind this. Whilst we await the council's response I thought I'd share our story and get people thoughts or experiences of boundary issues.

Its coming across to us that rather than the council addressing the boundary encroachment they are taking the plot of land away (that we never knew was ours) as an easy resolution to 'protect the council' (council's words). Is it easy to change a Title Plan?

It makes much more sense for the Council to have their boundary amended (bearing in mind currently the whole plot is theirs so was possibly at one point under a large title plan rather than individual ones) than it does to enforce it.

In theory as they own it all it's not encroachment of someone else's boundary.

It's their land at the end of the day until you buy it. I can't answer how easy it will be, but I expect it will be cheaper than dealing with the neighbour to change it & Also causing a neighbour dispute

s_w4554

HampshireH said:

s_w4554 said:

We have lived in our council property for 25 years and have applied for the Right to Buy. We are near completion but spotted a boundary issue on the Title Plan.

It's a 1930s property and our garden is a long rectangle, however the Title Plan shows our garden to be an upside down L shape with the additional plot of land sitting behind the neighbours garden. The neighbours (also council tenants moved in before us) have used this plot of land (dumped their rubbish on it since the 1990s, recently built a shed on part of the plot and fenced the plot off to us 2 years ago). As the plot sits behind the neighbours garden we assumed it was there's. 

Our solicitors informed the council of the boundary issue and the councils legal team initially responded by asking us to accept the Title Plans as drawn (ignoring the boundary encroachment). However they have now said they are changing the Title Plan to take the additional plot of land off our Title Plan and attach it to the neighbours. My solicitors have questioned the reasoning behind this. Whilst we await the council's response I thought I'd share our story and get people thoughts or experiences of boundary issues.

Its coming across to us that rather than the council addressing the boundary encroachment they are taking the plot of land away (that we never knew was ours) as an easy resolution to 'protect the council' (council's words). Is it easy to change a Title Plan?

It makes much more sense for the Council to have their boundary amended (bearing in mind currently the whole plot is theirs so was possibly at one point under a large title plan rather than individual ones) than it does to enforce it.

In theory as they own it all it's not encroachment of someone else's boundary.

It's their land at the end of the day until you buy it. I can't answer how easy it will be, but I expect it will be cheaper than dealing with the neighbour to change it & Also causing a neighbour dispute

Thank you for your views. The council initially identified the issue as a boundary encroachment. 

This situation is all new to us being first time buyers. It's true what they say 'buying a house is the biggest and most stressful investment of your life'.

user1977

s_w4554 said:

My solicitors have questioned the reasoning behind this.

Why are they questioning it, if you've never occupied the land in question and it's always been the neighbours'? It sounds like all that's happened is whoever drew up the plan made a mistake, which they're now correcting.

s_w4554

user1977 said:

s_w4554 said:

My solicitors have questioned the reasoning behind this.

Why are they questioning it, if you've never occupied the land in question and it's always been the neighbours'? It sounds like all that's happened is whoever drew up the plan made a mistake, which they're now correcting.

Initially the councils legal team wanted us to accept the additional plot of land that's sits behind the neighbours property. We queried how can we sign/declare everything in the paperwork is correct if we won't have access to the land if we went ahead with completion as the land is. The neighbour was contacted to clear the plot of land. The neighbour agreed but didnt clear the plot. Three months later the council change their mind and said they are changing the Title Plan. So because we almost felt forced to have the plot of land our Solicitors are asking the reasoning behind changing the Title plan as we thought because the neighbour had been asked to clear the plot the council were trying to match what's on the Title Plan to the ground. This change in the councils decision has caused a three month delay in getting to this point and a new completion date hasn't been set yet.

Appreciate your views/comments, it's been confusing for us to understand what exactly the council want us to do to complete our RTB application.

Norman_Castle

s_w4554 said:

user1977 said:

s_w4554 said:

My solicitors have questioned the reasoning behind this.

Why are they questioning it, if you've never occupied the land in question and it's always been the neighbours'? It sounds like all that's happened is whoever drew up the plan made a mistake, which they're now correcting.

Initially the councils legal team wanted us to accept the additional plot of land that's sits behind the neighbours property. We queried how can we sign/declare everything in the paperwork is correct if we won't have access to the land if we went ahead with completion as the land is. The neighbour was contacted to clear the plot of land. The neighbour agreed but didnt clear the plot.

If the land was included removing the fence would be simple giving you access. Personally I'd take the land as it is. Clearing it would be a minor inconvenience.

user1977

What's "correct" is buying the property you've been renting, there shouldn't really be any surprises about that. Obviously it's more of a problem where the council realise they've already sold a bit of "your" garden to the neighbours, but this sounds like it should be straightforward enough.

s_w4554

user1977 said:

What's "correct" is buying the property you've been renting, there shouldn't really be any surprises about that. Obviously it's more of a problem where the council realise they've already sold a bit of "your" garden to the neighbours, but this sounds like it should be straightforward enough.

Agreed. When we applied for the RTB were buying the property as it is. To our supprisee the Title Plan revealed an additional plot of land. The neighbours are also council tenants. The council still own both properties.

Pok3mon

Accept the land and clear it! Make a great veg patch.

TBF it will be your land stuff the neighbor. If he wants it so much offer to sell it to him.

Justonemorecupoftea

Just make sure the valuation is based on the actual plot, not one with a larger garden (depending on how big a chunk your neighbour now has)

s_w4554

Justonemorecupoftea said:

Just make sure the valuation is based on the actual plot, not one with a larger garden (depending on how big a chunk your neighbour now has)

Thank you. Once my solicitor receives a response from the council they are already prepared to ask them to take into account the loss of land (my estimate is between 30-35 square meters worth of land) off the sale price.