Missing Parcel of Land on land registry plan

Grizebeck

ProDave said:

I could see an adverse possession working for the main bit of enclosed garden up to the river bank.  But I doubt you would win that for the strip on the island, unless that strip on the island is also fenced in and has been maintained.

If this is actually the case then would people still proceed with the purchase on this basis 

Grizebeck

This is the original development plan from 1906 for this little patch of houses so I'd say it rules out another landowner not having sold some bank access onto the house holders

daveyjp

Looks like Rothbury to me.  Plenty of history to researchin that area!

propertyrental

Grizebeck said:

ProDave said:

I could see an adverse possession working for the main bit of enclosed garden up to the river bank.  But I doubt you would win that for the strip on the island, unless that strip on the island is also fenced in and has been maintained.

If this is actually the case then would people still proceed with the purchase on this basis 

Would depend entirely how essential the river bank and island were to you. Since you cannot guarantee ownereship or long-term use, if say fishing, or boat mooring (or swimming?) were on your 'essential' tick list, then no. If they were 'nice-to-haves' but you'd still like the house if you lost the land in question, then yes.

Grizebeck

daveyjp said:

Looks like Rothbury to me.  Plenty of history to researchin that area!

Its not far away!

YoungBlueEyes

Grizebeck said:

ProDave said:

I could see an adverse possession working for the main bit of enclosed garden up to the river bank.  But I doubt you would win that for the strip on the island, unless that strip on the island is also fenced in and has been maintained.

If this is actually the case then would people still proceed with the purchase on this basis 

Did you say how long the sellers have been there? If they'd been there a good long while (a decade plus ish), and you're not planning on moving in a few years, then for my money I'd buy it. What's the worst that could happen? When you sell in x years time, the buyer's sol picks up the missing part and you'd only be able to sell what you actually own. Is that gonna knock your price that much? If it's a beautiful house in a good area it should stand the test. Plus you've got riparian rights on your side. I'd buy it and use it the same way the sellers are using it now (ie all of it inc the undocumented part), then when you sell you'll be able to fall back on adverse possession because you'd been there 20 years. I am not a lawyer etc.  

So yes I'd go for it.  

Grizebeck

YoungBlueEyes said:

Grizebeck said:

ProDave said:

I could see an adverse possession working for the main bit of enclosed garden up to the river bank.  But I doubt you would win that for the strip on the island, unless that strip on the island is also fenced in and has been maintained.

If this is actually the case then would people still proceed with the purchase on this basis 

Did you say how long the sellers have been there? If they'd been there a good long while (a decade plus ish), and you're not planning on moving in a few years, then for my money I'd buy it. What's the worst that could happen? When you sell in x years time, the buyer's sol picks up the missing part and you'd only be able to sell what you actually own. Is that gonna knock your price that much? If it's a beautiful house in a good area it should stand the test. Plus you've got riparian rights on your side. I'd buy it and use it the same way the sellers are using it now (ie all of it inc the undocumented part), then when you sell you'll be able to fall back on adverse possession because you'd been there 20 years. I am not a lawyer etc.  

So yes I'd go for it.  

thanks yes i think are we are right, they were for over 30 years

Grizebeck

Well it transpires the land registry have got this one by not doing the boundary correctly. The original conveyance clearly shows the boundary down to the river. The LR managed to get their drawings wrong so the vendors solicitor will get the LR to amend. The original conveyance is filed with the LR. Solicitor said straight forward 

SDLT_Geek

Good news.  

Down to the near bank of the river?  Or to include the island?

Grizebeck

Down to the near bank ,he will try and get island etc through adverse position if the executor is a relative but thinks unlikey. And I can live with that. So a bit of a relief