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Property title boundries

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Our neighbour is currently selling his home and has realised that some of the boundries we share are wrong. Apparently he has some of our garden. We are happy to transfer this to him, as we have a very large garden anyway! 
A solicitor acting for him through the estate agents, has said we need a separate solicitor to deal with this issue? Who wants to charge 700 pounds to transfer the TP1.
Firstly can't this be done under his conveyancing? And we agree some renumeration later.
Or can we do this ourselves/joint and lodge the documentation needed to HMLR??
Completion on house sale is end March...



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  • Section62
    Section62 Posts: 9,685 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    Our neighbour is currently selling his home and has realised that some of the boundries we share are wrong. Apparently he has some of our garden. We are happy to transfer this to him, as we have a very large garden anyway! 
    A solicitor acting for him through the estate agents, has said we need a separate solicitor to deal with this issue? Who wants to charge 700 pounds to transfer the TP1.
    Firstly can't this be done under his conveyancing? And we agree some renumeration later.
    Or can we do this ourselves/joint and lodge the documentation needed to HMLR??
    Completion on house sale is end March...

    Conflict of interest.

    Six months after the transfer is completed you could claim you didn't know the neighbour should have been paying for the land (it is yours after all) and the solicitor (acting for the neighbour) failed to tell you that you should be getting the neighbour to pay for the land.

    Ok, you don't plan to do that, but the solicitor doesn't know you won't.

    You also really need a solicitor to make sure everything is done correctly.  Otherwise you risk your generosity resulting in you having problems when you come to sell up.

    Also, beware of "And we agree some renumeration later".  You need to agree what is what before committing to it - otherwise after the event people's memory of what was agreed can be hazy.  I.e. Didn't you agree to pay the whole of the neighbour's costs?  You also need to be absolutely clear on what consideration there will be for the land... if you are gifting it, but the neighbour will subsequently give you some cash, that could look a lot like the neighbour is paying you for the land and together you are trying to conceal that payment.

    If you have a mortgage then the mortgage company will also want to be involved to protect their interests.
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