Changing the boundaries on neighbouring properties- both of which I own

Kate23rd

Hi,

I have recently bought the dilapidated house next door to mine and would like to move the border about 75cm into the new property’s garden. I’m doing this to protect my own house from anyone building right up to it in the future and to secure access to the chimneys/rendering/gutters etc on my own house. It will not make a major difference to the ‘new’ house which has a sizeable garden.

As I own both houses can anyone give me guidance as to how to move the boundary line? Is it something I can organise myself and if so, if you are able to point me in the direction of correct forms etc I would be hugely grateful. 

Thank you!

Slithery

Is there a mortgage on either property?

canaldumidi

75cm? Land Registry Plans are not that detailed ....

Do you have a mortgage? If yes, you'll need the lender's permission. Otherwise I believe you have two options:

1) Forms AP1 and TP1 to the Land Registry. This would transfer ownership of part (hence TP1)of the land of property A to the ownership of property B. By entering a £0 cost there'd be no SDLT to pay, just the Land Registry fee.

2) make a 'boundary agreement' with your neighbour (yourself), or apply to record the exact (new) boundary. Since LR boundaries are not to a large scale a 75cm move is not really a move, so you just record the exact boundary where you want it.

https://www.gov.uk/your-property-boundaries/apply-exact-boundary-determined

and here's some reading:

https://www.gov.uk/government/publications/land-registry-plans-boundaries/land-registry-plans-boundaries-practice-guide-40-supplement-3

Kate23rd

No mortgages involved. 

user1977

Then not a concern, unless and until you want to sell or mortgage either property individually. 

Kate23rd

I’d like to get the boundary sorted before I begin renovations so that all the messy stuff is done at once and so that I can sell property 2 at any point if it becomes too much for me (I was widowed the week the purchase went through).

the second house does not appear to be land registered yet, although I understood that to be part of the process during purchase…I haven’t received any paperwork to say it has been completed- does anyone know how long that should take? I purchased the house in December. The old owner had lived in it since childhood and was not one for rules and regulations! 

Thank you

canaldumidi

Kate23rd said:

the second house does not appear to be land registered yet, although I understood that to be part of the process during purchase…I haven’t received any paperwork to say it has been completed- does anyone know how long that should take? I purchased the house in December. The old owner had lived in it since childhood and was not one for rules and regulations! 

Compulsory 1st registration was introduced nationwide long ago, so when you bought house 2 you would have nochoice but to register it with the Land Registry. Your solicitor is probably doing this but the LR has a long backlog. How long ago did you buy?

When you bought house 2 (which seems to have been unregisered at the time) you must have seen the title deeds going back over time proving each previous owner's ownership rght (and thus right to sell to you). That would have included a Plan showing the boundary.....

Kate23rd

I didn’t see any title deeds…the house was built early 30s and was always in the same family- hence (I presume) it not being land registered.

to be honest, I bought the house in the midst of grief so it’s all a bit vague. I don’t think I saw any title deeds. Yikes

Kate23rd

Just found this on land registry website so maybe no need to panic just yet!

Complex changes and new entries

• The other applications we receive are more complex and usually involve the creation of a new title.
• Most of these applications are completed within 9 months but we know that some can take up to 11 months, with exceptional cases taking even longer.

canaldumidi

Kate23rd said:

I didn’t see any title deeds…the house was built early 30s and was always in the same family- hence (I presume) it not being land registered.

to be honest, I bought the house in the midst of grief so it’s all a bit vague. I don’t think I saw any title deeds. Yikes

Did you use a solicitor, or did you just hand over £X00,000 to the 'seller' and hope for the best?

I find it impossible to believe that if you used a solicitor/conveyancer they did not send you copies of the deeds....

I find it easier to believe you shoved them in a folder without reading them and they are now at the back of a drawer in the cupboard in your attic......

Loza2016

I bought a property that was not registered in December 2020 took until February 2022 to be registered.