Property borders and land registry issue

cc58

Hi folks,
 Looking for some advice.
My partner and I are currently in the process of purchasing a house but there's been an issue raised over the borders.
Our solicitors have noticed on the land registry documents that as per the original (about 1970) that the border of the property we're buying is about 5 metres too high and is cutting through the neighbors house. Our solicitors said this is problematic as the border is clearly incorrect.
That being said they sent a copy of the "map Search" OS map which is more up to date and shows the correct property border however on that one it shows that part of the front of the house sits outside of the boundary lines of the property.

Our solicitors have recommended that the vendors speak to land registry to get the title / boundary updated before purchase but the vendors are refusing to do anything and say that it's fine, they've lived there for 17 years so it's fine and if we want to sort it we should do so after we purchase the property.
Neither solicitor are backing down so I guess my question is how serious is this? I have attached a copy of the original document which shows the boundary going through the neighbors bourse and also the map Search, the pink bit is the property boundary, the blue colouring in is the part of the house that sits outside of that.

Thanks in advance

canaldumidi

This is what you pay a solicitor for - to check that what you are buying is what you expect, and that what the seller is selling is what you expect. Follow your solicitor's advice.

Expecting you to 'sort it after you purchase the property' is fine.... for the sellers, who won't care if there's a problem. But what if next door sells and new owners aren't impressed by the 17 year history but choose to enforce their rights?

Incidentally, have you looked at the neighbours Title Plan tosee if it matches yours?

I would insist on this being regularised before you Exchange, or you walk away.

Start view other properties now just in case, and make sure the EA knows you are doing so - he'll put pressure on the sellers as he won't want to lose the sale and his commission!

cc58

I haven't checked the neighbors title plans. How would I go about doing that?
 that being said the original plan which I have from 1970 which I uploaded doesn't even have our house on it so I can understand a bit of a reticence from the sellers. The other thing going in our favour is the border is incorrect but in our favour if that makes sense, the border is too far into the neighbors property not the other way around so they couldn't really enforce anything?

We raised this and they said when they spoke to the LR the LR told them borders are only for rough purposes and can and will be wrong? 
I guess I'd like to know if anyone has had anything like this before or is aware of the 100% of it.

AFF8879

canaldumidi said:

I would insist on this being regularised before you Exchange, or you walk away.

^^This in droves. Do not let the seller fob you off and saddle you with a potentially massively expensive problem.

canaldumidi

cc58 said:

I haven't checked the neighbors title plans. How would I go about doing that?
 that being said the original plan which I have from 1970 which I uploaded doesn't even have our house on it so I can understand a bit of a reticence from the sellers. The other thing going in our favour is the border is incorrect but in our favour if that makes sense, the border is too far into the neighbors property not the other way around so they couldn't really enforce anything?

We raised this and they said when they spoke to the LR the LR told them borders are only for rough purposes and can and will be wrong? 
I guess I'd like to know if anyone has had anything like this before or is aware of the 100% of it.

https://eservices.landregistry.gov.uk/eservices/FindAProperty/view/QuickEnquiryInit.do

£3 for their title document+ £3 for their Plan. 5 minutes.

Not sure wt you mean by "the original plan" - it's the current LR Plan that matters.

Yes, LR Plans are not very precise due to their scale, but if it's obvious the boundary is wrong, that's a potential issue.

cc58

canaldumidi said:

cc58 said:

I haven't checked the neighbors title plans. How would I go about doing that?
 that being said the original plan which I have from 1970 which I uploaded doesn't even have our house on it so I can understand a bit of a reticence from the sellers. The other thing going in our favour is the border is incorrect but in our favour if that makes sense, the border is too far into the neighbors property not the other way around so they couldn't really enforce anything?

We raised this and they said when they spoke to the LR the LR told them borders are only for rough purposes and can and will be wrong? 
I guess I'd like to know if anyone has had anything like this before or is aware of the 100% of it.

https://eservices.landregistry.gov.uk/eservices/FindAProperty/view/QuickEnquiryInit.do

£3 for their title document+ £3 for their Plan. 5 minutes.

Not sure wt you mean by "the original plan" - it's the current LR Plan that matters.

Yes, LR Plans are not very precise due to their scale, but if it's obvious the boundary is wrong, that's a potential issue.

Thanks I'll give that a go.
What I meant by original plan is that the LR for the house is from 1970 but obviously hasn't been updated as you can see from the first attachment I uploaded as the house isn't even on there just the incorrect boundary.