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

Kate23rd

Thanks Loza.

canaldumidi- yes I used a solicitor and you are probably right. I’ll go and hunt through the paperwork I do have. As you can imagine there was a lot of paperwork coming in with the house purchase and all the sudden death admin so I’m sure I did just ferret it away in the house folder. I was with it enough to put it all in the same place (I hope!) Thanks for your help

Kate23rd

Update- I don’t have the deeds- they’re still with the solicitor who has kept them in case Land Registry require any further information. Relieved to know where they are!

so back to question 1, I just sign a new boundary agreement with myself basically….

SDLT_Geek

Kate23rd said:

Update- I don’t have the deeds- they’re still with the solicitor who has kept them in case Land Registry require any further information. Relieved to know where they are!

so back to question 1, I just sign a new boundary agreement with myself basically….

I would suggest you do the physical work moving the boundary feature, but do nothing about the "legal" boundary yet, you own both properties. 

As and when you come to sell the neighbouring property then it is a "sale of part" with an accurate plan showing which part of it you are selling and wording making it clear whether the new boundary fence is included or retained.

Kate23rd

Ooh, that’s interesting SDLT- so effectively when I sell it I would have it written into the notes that the garden is slightly smaller than originally. Almost sold as seen?

SDLT_Geek

Yes, that is right.  The completion document would be a TP1, not a TR1 (transfer of part, not a transfer of whole). 

At that point you could apply to the Land Registry to amalgamate the tiny sliver of land remaining into the title for your original house, though given the scale of the plans used, it might not actually change the title plan.

Kate23rd

Okay, thank you!

brianposter

Surely the boundary can be moved as part of the registration of the new property.

Kate23rd

brianposter said:

Surely the boundary can be moved as part of the registration of the new property.

A very good point but I presume too late. Documents have been with Land Registry since December

Land_Registry

I think it’s worth going back to the key point, namely that a 75cm change isn’t going to show up on any registered title plan 
You can’t enter into an agreement with yourself and in my experience you’d put the new fence where you want it. Check both registered titles once you have them and see if the new position matches what is registered for both. 

The first registration is very likely to wait 11+ months before it’s processed but you can crack on with the other works needed before you sell. 

If you get to a point where you’ve done everything and have a buyer your solicitor can request expedition to reduce the remaining wait time. 

If it transpires that your new boundary is a significant change then the TP1 option re the sale and/amalgamation can come into play but at this stage it seems sensible to put the boundary where you want it and then do what’s needed re the titles when you can . 

But do speak to your solicitor as well just to confirm where you propose to put the new boundary roughly matches where your existing registered title and unregistered deeds suggest it lies 

Mojisola

Kate23rd said:

Ooh, that’s interesting SDLT- so effectively when I sell it I would have it written into the notes that the garden is slightly smaller than originally. Almost sold as seen?

Get the garden measured accurately and provide a plan with measurements when you put it up for sale.  Our old deeds have such a plan. 
The change you want to make is too small to show up on the LR map. With an established fence and accurate measurements of the boundaries, no buyer would be able to challenge the boundary line.