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Changing title plan - boundary issue.

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ryanm8655
ryanm8655 Posts: 1,204 Forumite
Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
Currently going through the process of buying a place and the vendors declared a boundary dispute.

Essentially it is a small strip of land that is relatively inconsequential, so it doesn't impact my decision to purchase other than it being an issue if not resolved when I eventually sell.

How easy is it to change the title plan, assuming neighbours agree and don't make it awkward (you'd assume they'd be happy to have it resolved)? How long does it take and at what cost? 

My solicitors have recommended getting it resolved before moving (or the boundary correcting to reabsorb the land) and want to gauge how realistic that is.

They were absolutely useless in advising what it might cost.

Thanks,
Ryan

August 2019: £28.8k

November 2020: £0 (0% interest)

My debt free diary: https://forums.moneysavingexpert.com/discussion/comment/77330320#Comment_77330320

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Comments

  • prettyandfluffy
    prettyandfluffy Posts: 903 Forumite
    500 Posts Second Anniversary Name Dropper
    edited 5 June at 2:05PM
    The reason the solicitor won't put a figure on it is probably because it's the old "how long is a piece of string" question.  The land in question could end up being given a price that far exceeds its actual value.  You need to understand the detail of the dispute and probably talk to both parties face to face before you make a decision.
  • ryanm8655
    ryanm8655 Posts: 1,204 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 5 June at 2:27PM
    The reason the solicitor won't put a figure on it is probably because it's the old "how long is a piece of string" question.  The land in question could end up being given a price that far exceeds its actual value.  You need to understand the detail of the dispute and probably talk to both parties face to face before you make a decision.
    Yeah, understand that.

    But just wondering what the best case scenario is. Trying to get a sense of best case scenario for exchange/completion as it will be on the vendors to sort before then.

    I know the details and have pictures etc. Left out of my original post but will add here:

    1) There was a row of hedges lining the boundary. One day the next door neighbour took out a hedge towards the end of their drive way and made their driveway slightly wider, essentially cutting off a thin corner to make it easier to get out of their drive (presumably).
    2) The strip of Land is roughly 0.5m^2
    3) This happened about 20 years ago, the neighbour since died and there are new owners in the next door house who have been there for some time. So they bought the house believing this to be the boundary without being aware of the history.

    Thanks,
    Ryan

    August 2019: £28.8k

    November 2020: £0 (0% interest)

    My debt free diary: https://forums.moneysavingexpert.com/discussion/comment/77330320#Comment_77330320

    <br>

  • user1977
    user1977 Posts: 17,812 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    You draw up a plan, get it signed along with the transfer deed, register it. Minimum cost is peanuts. More costly if there are mortgage lenders involved.
  • Tiglet2
    Tiglet2 Posts: 2,665 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    ryanm8655 said:
    The reason the solicitor won't put a figure on it is probably because it's the old "how long is a piece of string" question.  The land in question could end up being given a price that far exceeds its actual value.  You need to understand the detail of the dispute and probably talk to both parties face to face before you make a decision.
    Yeah, understand that.

    But just wondering what the best case scenario is. Trying to get a sense of best case scenario for exchange/completion as it will be on the vendors to sort before then.

    I know the details and have pictures etc. Left out of my original post but will add here:

    1) There was a row of hedges lining the boundary. One day the next door neighbour took out a hedge towards the end of their drive way and made their driveway slightly wider, essentially cutting off a thin corner to make it easier to get out of their drive (presumably).
    2) The strip of Land is roughly 1.5m x 0.3m.
    3) This happened about 20 years ago, the neighbour since died and there are new owners in the next door house who have been there for some time.

    Thanks,
    Ryan


    Yes, it is the vendor's issue to sort out with the neighbours, but there will be no exchange or completion while this is ongoing.  When I had an issue similar to this, it took 3 months for the Land Registry to deal with it and that was without any objections from neighbouring properties.

    You say it won't impact your purchase of the property and the area in question is small, so is it really necessary to get the vendor or yourself to claim this piece of land back after 20 years?  How long has the dispute been going on between the vendor and the neighbour, as the neighbour may now have a prescriptive right over this piece of land if it has been used for 20 years.
  • sheramber
    sheramber Posts: 22,520 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    How easy is it to change the title plan, assuming neighbours agree and don't make it awkward (you'd assume they'd be happy to have it resolved)? How long does it take and at what cost? 

    If the neighbours would be agreeable why is there a dispute?
  • ryanm8655
    ryanm8655 Posts: 1,204 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Tiglet2 said:
    ryanm8655 said:
    The reason the solicitor won't put a figure on it is probably because it's the old "how long is a piece of string" question.  The land in question could end up being given a price that far exceeds its actual value.  You need to understand the detail of the dispute and probably talk to both parties face to face before you make a decision.
    Yeah, understand that.

    But just wondering what the best case scenario is. Trying to get a sense of best case scenario for exchange/completion as it will be on the vendors to sort before then.

    I know the details and have pictures etc. Left out of my original post but will add here:

    1) There was a row of hedges lining the boundary. One day the next door neighbour took out a hedge towards the end of their drive way and made their driveway slightly wider, essentially cutting off a thin corner to make it easier to get out of their drive (presumably).
    2) The strip of Land is roughly 1.5m x 0.3m.
    3) This happened about 20 years ago, the neighbour since died and there are new owners in the next door house who have been there for some time.

    Thanks,
    Ryan


    Yes, it is the vendor's issue to sort out with the neighbours, but there will be no exchange or completion while this is ongoing.  When I had an issue similar to this, it took 3 months for the Land Registry to deal with it and that was without any objections from neighbouring properties.

    You say it won't impact your purchase of the property and the area in question is small, so is it really necessary to get the vendor or yourself to claim this piece of land back after 20 years?  How long has the dispute been going on between the vendor and the neighbour, as the neighbour may now have a prescriptive right over this piece of land if it has been used for 20 years.
    To be perfectly honest, I don't know the answer to those questions but all good ones. This is where the solicitor hasn't been helpful at all, their only advice was to get it sorted before exchange/completion. My main concern would be me having to foot the bill to sort it in future and it impacting my sale when my buyer encounters the same issues down the line. If it was a forever home I'd be less bothered about resolution.

    The three months is handy to know, it's not going to be quick then!

    August 2019: £28.8k

    November 2020: £0 (0% interest)

    My debt free diary: https://forums.moneysavingexpert.com/discussion/comment/77330320#Comment_77330320

    <br>

  • ryanm8655
    ryanm8655 Posts: 1,204 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 5 June at 3:22PM
    sheramber said:
    How easy is it to change the title plan, assuming neighbours agree and don't make it awkward (you'd assume they'd be happy to have it resolved)? How long does it take and at what cost? 

    If the neighbours would be agreeable why is there a dispute?
    I imagine the dispute is the vendors see it as their land and the neighbours disagree, but if the vendors agree it's theirs for the sake of the sale then that would resolve the dispute.

    August 2019: £28.8k

    November 2020: £0 (0% interest)

    My debt free diary: https://forums.moneysavingexpert.com/discussion/comment/77330320#Comment_77330320

    <br>

  • sheramber
    sheramber Posts: 22,520 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    ryanm8655 said:
    sheramber said:
    How easy is it to change the title plan, assuming neighbours agree and don't make it awkward (you'd assume they'd be happy to have it resolved)? How long does it take and at what cost? 

    If the neighbours would be agreeable why is there a dispute?
    I imagine the dispute is the vendors see it as their land and the neighbours disagree, but if the vendors agree it's theirs for the sake of the sale then that would resolve the dispute.
    Who is  'theirs'  in bold.   Vendor's or neighbours'?


  • ryanm8655
    ryanm8655 Posts: 1,204 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 6 June at 1:48PM
    sheramber said:
    ryanm8655 said:
    sheramber said:
    How easy is it to change the title plan, assuming neighbours agree and don't make it awkward (you'd assume they'd be happy to have it resolved)? How long does it take and at what cost? 

    If the neighbours would be agreeable why is there a dispute?
    I imagine the dispute is the vendors see it as their land and the neighbours disagree, but if the vendors agree it's theirs for the sake of the sale then that would resolve the dispute.
    Who is  'theirs'  in bold.   Vendor's or neighbours'?


    Neighbours...

    August 2019: £28.8k

    November 2020: £0 (0% interest)

    My debt free diary: https://forums.moneysavingexpert.com/discussion/comment/77330320#Comment_77330320

    <br>

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