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Boundary query

Carpetto
Carpetto Posts: 20 Forumite
Second Anniversary 10 Posts
edited 2 March 2023 at 10:03AM in House buying, renting & selling
We bought this property in June last year and don't yet have the deeds to be able to check. 
The property borders open land on 2 sides. Between our fence and then the barbed wire that borders the fields there is a 3 foot strip of land.
We were told 2 versions by the vendors at different times
 Firstly that the strip is part of the property and the boundary ends at the barbed wire. The strip can be accessed to keep tidy (there is a gate in the fence) but cannot be cultivated in order to maintain a gap with the field. Is this a thing? There is nothing in the way of covenants to support this
Secondly that the gap is a separate piece of land in its own right and is not owned by the landowner of the field
We expected to be able to discern the truth from the deeds once we moved in but didn't anticipate the huge delay in getting them. How do we find out.

EDITED to add that I have put this question on the Land Registry thread but can't delete this one
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Comments

  • user1977
    user1977 Posts: 19,496 Forumite
    Eighth Anniversary 10,000 Posts Photogenic Name Dropper
    What were you told by your solicitor?
  • propertyrental
    propertyrental Posts: 3,391 Forumite
    1,000 Posts First Anniversary Name Dropper
    edited 2 March 2023 at 5:30AM
    When you checked the LR Plan that your solicitor sent you to confirm you were happy that it correctly identified the property, did you not notice/query?

    Have you not still got a copy of that to review now?

    I have an identical set-up, but there is an old Conveyance from when a previous owner purchased an extra strip of land from the neighbouring farmer.

    This requires me to erect and maintain "a sturdy cattle-proof fence on the boundary". This was in place and I periodically paint it or replace the odd roton post.

    However the farmer also has a barbed wire fence 3 feet away to keep the bullocks away from my fence (this extends far beyond my garden, around his field.

    He comes round 1ce a year in his tractor to maintain it.

    I assume the gap between the fences is his.






  • Carpetto
    Carpetto Posts: 20 Forumite
    Second Anniversary 10 Posts
    The plan merely shows a  red line around the boundary. No gap between us and the field. 
    When we asked the solicitor she asked the question of the vendor twice hence the 2 replies. By that time we didn't want to hold things up any longer
  • user1977
    user1977 Posts: 19,496 Forumite
    Eighth Anniversary 10,000 Posts Photogenic Name Dropper
    edited 2 March 2023 at 10:24AM
    Carpetto said:
    The plan merely shows a  red line around the boundary. No gap between us and the field. 
    When we asked the solicitor she asked the question of the vendor twice hence the 2 replies. By that time we didn't want to hold things up any longer
    So your solicitor ended up giving you no advice at all about the extent of the property you were buying? That's a fairly fundamental part of their job!

    Given they've seen the deeds (and we haven't), maybe go back to them and ask? It isn't a mystery which can only be answered after your registration is completed.
  • gollum007
    gollum007 Posts: 321 Forumite
    Part of the Furniture 100 Posts
    It's *probably* owned by the farmer.

    Sounds like a strip of land he's receiving Countryside Stewardship Scheme payments for.
    (Essentially a 'wild' strip fenced off at the edge of a field, intended to promote biodiversity, wildlife etc
    The EU / Government pay an annual sum for this :) )
  • UnderOffer
    UnderOffer Posts: 815 Forumite
    Fifth Anniversary 500 Posts Name Dropper
    Can you look at the title plan of neighbouring field to determine their red outline? You can do a search on land registry site here for a small fee https://www.gov.uk/government/organisations/land-registry
  • martindow
    martindow Posts: 10,712 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I think there can be a double fence as you describe so that sheep or other livestock can be protected from possible infection by animals in neighbouring gardens or fields.  The farmer would build the second fence inside the boundary to achieve this, so the outer fence in this case would be the boundary.
    Is three feet a signicicant proportion of your land?  I wonder whether this is worth spending money fighting, whatever the rights or wrongs, if you have a hundred foot garden for example.
  • eddddy
    eddddy Posts: 18,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 2 March 2023 at 1:52PM
    Carpetto said:


    Secondly that the gap is a separate piece of land in its own right and is not owned by the landowner of the field


    You can probably check out the above possibility here :  https://www.landregistry-uk.com/map-search

    It shows property boundaries superimposed on a map (or aerial photo). It's probably not accurate enough to see exactly where your boundary is to within 3 feet - but if there is a separately registered piece of land between your garden and the field, you should be able to see a separate block on the map.


    For example, I can see that there is narrow ransom strip that runs alongside my garden, but it's not accurately positioned over the aerial photo.

    (But I wouldn't buy anything from that site, as it seems a bit overpriced.)



  • silvercar
    silvercar Posts: 50,793 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    edited 2 March 2023 at 2:05PM
    eddddy said:
    Carpetto said:


    Secondly that the gap is a separate piece of land in its own right and is not owned by the landowner of the field


    You can probably check out the above possibility here :  
    [Link removed - see comment below]

    It shows property boundaries superimposed on a map (or aerial photo). It's probably not accurate enough to see exactly where your boundary is to within 3 feet - but if there is a separately registered piece of land between your garden and the field, you should be able to see a separate block on the map.


    For example, I can see that there is narrow ransom strip that runs alongside my garden, but it's not accurately positioned over the aerial photo.

    (But I wouldn't buy anything from that site, as it seems a bit overpriced.)



    The official site is here: https://www.gov.uk/government/organisations/land-registry

    Don’t make the mistake of using sites that overcharge and then at best get what you are looking for from the official site.

    @eddddy can I suggest you remove the dodgy link from your post.
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  • laidbackgjr
    laidbackgjr Posts: 565 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    Carpetto said:
    The plan merely shows a  red line around the boundary. No gap between us and the field. 
    When we asked the solicitor she asked the question of the vendor twice hence the 2 replies. By that time we didn't want to hold things up any longer
    The red line on the plan is your boundary - does this relate to the first fence or the second fence? It's quite common that the farmer will put an additional fence up within the field to keep cattle away from the fences / gardens of the property and likely the farmer owns the land upto your boundary. It doesn't really sound like a ransom strip type scenario.
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