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Boundary issue

Please help! My house had its boundary line increased & approved by the councils planning dept 30yrs ago. It was a small change so the boundary went round the building rather than through the corner of it. No one objected.This change was never made on the title plan. I’m due to exchange contracts very soon and the buyers have queried this. I have the old documents approving the change by the council (signed & dated) Should I be worried? Is there anything I can do?

Comments

  • Grizebeck
    Grizebeck Posts: 2,760 Forumite
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    We had an issue where the LR couldn't read a map sorted very very quickly as they held the original conveyance 
    Advocate in the County Court dealing with a variety of cases, attending the courts in the North East and North Yorkshire
  • user1977
    user1977 Posts: 14,013 Forumite
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    edited 27 February at 9:40PM
    sunnydd said:
    Please help! My house had its boundary line increased & approved by the councils planning dept 30yrs ago. It was a small change so the boundary went round the building rather than through the corner of it. No one objected.This change was never made on the title plan. I’m due to exchange contracts very soon and the buyers have queried this. I have the old documents approving the change by the council (signed & dated) Should I be worried? Is there anything I can do?
    If all that happened was the council granted you planning permission (was it?) then no, nothing will have changed on the land registry because the ownership of the land didn't change.

    I am guessing the intention was for you to buy the extra land from the council? Are you saying that didn't happen? Or it did happen but wasn't registered? Or it was registered, but on its own title (has anybody checked that as an obvious solution)?

    Presumably you have a solicitor acting for you? What's their advice?
  • propertyrental
    propertyrental Posts: 2,511 Forumite
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    If it is simply a matter of submitting the original documents showing the changed boundary to the LR, and asking them to 'expedite' the application to amend the Plan diue to a related sale, it should be done veryy quickly.

    But if there are any issues the LR needs to clarify, or as suggested above the documents related to PP rather than a boundary change, then this could take a lot longer.
  • sunnydd
    sunnydd Posts: 5 Forumite
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    Hi user1977. When planning was approved for the boundary wall being moved, the land on both sides was owned by the same person. Yes I have a solicitor working on my behalf but it’s taking a few days for him to get back to me as I only dropped all my evidence off to him over the weekend. Obviously I’m very stressed!
  • propertyrental
    propertyrental Posts: 2,511 Forumite
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    sunnydd said:
    Hi user1977. When planning was approved for the boundary wall being moved, the land on both sides was owned by the same person. Yes I have a solicitor working on my behalf but it’s taking a few days for him to get back to me as I only dropped all my evidence off to him over the weekend. Obviously I’m very stressed!

    So the ownership of the land was never changed and the same owner (council?) still owns all the original land.

    Planning Permission is a totally different matter to land ownership.

  • sunnydd
    sunnydd Posts: 5 Forumite
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    The land on both sides was owned by a relative of mine. New boundary fence has been in place 23 years. Property sold on ‘other’ side of the fence 18months ago & buyer of that has accepted the boundary in situ. I don’t want to ask them to sign a boundary agreement unless absolutely necessary- as they approach everything with everyone as a ‘what’s in it for me’ attitude. I think paying for a surveyor to establish the boundary and send off evidence to the LR may be the only way forward.
    i previous (and possibly wrongly) understood that in 1992 Local authorities had the power to agree to minor boundary changes, and that land registry records were not updated, as the title plans only show general boundaries and land registry didn’t like making minor changes in those days. 
    I’m at a loss. After waiting a very long time to agree an offer on my house I feel it’s going to fall through. My solicitor says he’s working on the matter but I don’t know any more.
    yes I understand that planning permission and land ownership are two different things. Thank you for your help.
  • sunnydd
    sunnydd Posts: 5 Forumite
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    All sorted & buyers are happy to exchange contracts. I can’t tell you what a relief it is to hear this news. My solicitor has done a fantastic job & the buyers are happy to proceed with full knowledge. It appears the documents that I have provided stretching 30 years together and my neighbours boundary showing my property line in almost the correct position has swung it. No doubt the buyers will claim adverse possession in due course.
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