Buying a house with boundary issues!

AQUAAURA

Land_Registry said:

If this the plans are right as per the deeds provided on registration then you probably have two options here but do rely on your solicitor
The first is for the seller and neighbour to straighten things out by exchanging/transferring land as appropriate. 

The alternative would be a claim as to ownership of the ‘missing’ land but a probate sale might make that tricky as a lack of knowledge re the facts 
Whilst either option adds delay clearly the differences are significant for both seller and neighbour. And if there’s a confirmed purchase they have grounds to expedite matters and reduce the wait time markedly. 

As far as the conservatory goes a “few inches” isn’t going to show up on a title plan so they’re maybe nothing to do re the registered details on that point alone. You could ask them to complete a boundary agreement which could then be noted on both titles. Or confirm matters in writing as suggested. But again one for the conveyancer to advise on 

Thanks so much for the reply.

I think there's no way the land could be physically redistributed. It's a weird mess of ins and outs with a bit of a void in between. I think you'd basically need to knock down and start again (which neither party are going to want to do, obviously, as its a great extra space.  So, as you say, it would need to be addressed on the deeds by claiming and forfeiting the relevant sections. I don't think the probate thing is an issue, as the same weird configuration appears in all houses in the 2 streets. They were all divided up in the same fashion by the council when they were sold off many years ago, I think. However, not many have sold since, so maybe this issue hasn't come up before?! Do you have any idea or experience as to how long redoing title plans would take? No-one (solicitor, estate agent etc) seems to be able to advise on even rough timescales.

That sounds more straightforward then regarding the conservatory. Would that resolve it? So not liable to cause any future issues when selling or if a new neighbour moved in next door?

Thanks again for commenting and your advice.

TheJP

AQUAAURA said:

TheJP said:

AQUAAURA said:

TheJP said:

Why do the boundary lines need to re-drawn, can the sheds not be move to within the boundary? I would ask current seller to have something drawn up regarding the conservatory that they accept that it is permitted writhing their boundary and have the boundaries amended before completion if possible.

I'm not very experienced in boundaries just my opinion. 

Yes, sadly the sheds are substantial interlocking structures built in stone so can't be removed. 

Thanks for the advice!

So they aren't a shed then. 

I'm confused at your reply and tone? In my post you will see I wrote "old coal shed" not "shed". Wales is full of them! This particular one is probably around 5 meters x 3 meters (but divided between the 2 properties in a jigsaw layout). And the "coal sheds" are connected on each side to the actual houses. Obviously a little wooden shed wouldn't be an issue.

There is a difference between a shed (wooden temp structure) and a brick building. You mention sheds that share the same roof structure, the differing information is confusing. 

user1977

TheJP said:

AQUAAURA said:

TheJP said:

AQUAAURA said:

TheJP said:

Why do the boundary lines need to re-drawn, can the sheds not be move to within the boundary? I would ask current seller to have something drawn up regarding the conservatory that they accept that it is permitted writhing their boundary and have the boundaries amended before completion if possible.

I'm not very experienced in boundaries just my opinion. 

Yes, sadly the sheds are substantial interlocking structures built in stone so can't be removed. 

Thanks for the advice!

So they aren't a shed then. 

I'm confused at your reply and tone? In my post you will see I wrote "old coal shed" not "shed". Wales is full of them! This particular one is probably around 5 meters x 3 meters (but divided between the 2 properties in a jigsaw layout). And the "coal sheds" are connected on each side to the actual houses. Obviously a little wooden shed wouldn't be an issue.

There is a difference between a shed (wooden temp structure) and a brick building. You mention sheds that share the same roof structure, the differing information is confusing. 

I think it's just your unfamiliarity with "coal sheds". The term does not imply wooden or temporary, e.g.:

https://www.geograph.org.uk/photo/5198812

Land_Registry

AQUAAURA said:

Land_Registry said:

If this the plans are right as per the deeds provided on registration then you probably have two options here but do rely on your solicitor
The first is for the seller and neighbour to straighten things out by exchanging/transferring land as appropriate. 

The alternative would be a claim as to ownership of the ‘missing’ land but a probate sale might make that tricky as a lack of knowledge re the facts 
Whilst either option adds delay clearly the differences are significant for both seller and neighbour. And if there’s a confirmed purchase they have grounds to expedite matters and reduce the wait time markedly. 

As far as the conservatory goes a “few inches” isn’t going to show up on a title plan so they’re maybe nothing to do re the registered details on that point alone. You could ask them to complete a boundary agreement which could then be noted on both titles. Or confirm matters in writing as suggested. But again one for the conveyancer to advise on 

Thanks so much for the reply.

I think there's no way the land could be physically redistributed. It's a weird mess of ins and outs with a bit of a void in between. I think you'd basically need to knock down and start again (which neither party are going to want to do, obviously, as its a great extra space.  So, as you say, it would need to be addressed on the deeds by claiming and forfeiting the relevant sections. I don't think the probate thing is an issue, as the same weird configuration appears in all houses in the 2 streets. They were all divided up in the same fashion by the council when they were sold off many years ago, I think. However, not many have sold since, so maybe this issue hasn't come up before?! Do you have any idea or experience as to how long redoing title plans would take? No-one (solicitor, estate agent etc) seems to be able to advise on even rough timescales.

That sounds more straightforward then regarding the conservatory. Would that resolve it? So not liable to cause any future issues when selling or if a new neighbour moved in next door?

Thanks again for commenting and your advice.

If the conveyancing is done correctly and the applications are in order then it can be done quickly if the land is transferred/exchanged and they are expedited due to ongoing purchase. Once lodged and then expedited 2-3 weeks. 

The longer timescale is likely to be the conveyancing and getting it all sorted before lodgement. 

With regards the conservatory as I said that’s not going to be a registration issue, from what you’ve posted, but a legal/conveyancing one so ask the conveyancer 

mi-key

To be honest you don't need to do anything regarding the boundary before buying. You can wait until you are in there then work it out with the neighbour if you want to redraw it to reflect the true shape between the two plots. Boundaries don't have to be straight so you can have a wiggly one taking into account the coal sheds.

Its likely when the plots were originally registered they just used straight lines for simplicity, and then the coal sheds were built so they didn't bother altering them.

As neither of you would benefit or lose anything by trying to claim each others land with a straight line, then it really isn't an issue.


 

gwynlas

TheJP would probably refer to the coal shed as an out building as in estate agent speak. It is relevant that these are substantial structures as in time the footprint might be incorporated into the houses. In my opinion the issue lies with the original designation of individual properties when these were sold off by the local authority, are you aware of how this matter was resolved with other neighbours? Does the EA have contacts that they could ask? The Land Registry rep does not see this as an issue. Regarding the conservatory and boundary can the solicitor not advise how this issue might be resolved similarly to how a right of access across property might be moved from adjacent to house to end of garden by way of a gate?