unclear boundaries

jumpingjack2025

We are buying a house and its almost 15 weeks and our lawyer has advised us application for adverse possession and indemnity insurance as the title on land registry is a bit lesser at the parking than shown on the deed he has!
 Our seller has taken the indemnity insurance and not contacted the land registry as it will take forever for hmrc to update the boundary,
will the lender accept indemnity insurance alone ?
the lender has not yet come back with a reply since two weeks now and our solicitor seems least intrested.
we are desperate for a reply and cant wait any more

WIAWSNB

Hi JJ.

Could you explain more about what's actually happening on the ground, please? Adding the deeds map, or some other way of indicating what's actually going on, would help too. Really not sure what your situation is here.

What's the situation regarding 'Adverse Possession' - is someone else attempting this currently? 

And what do you expect - hope - will happen after you buy? Is it that you retake 'your' lost land from whoever is currently using it? Or what? 

A general point about Indemnity Policies, afaIk; they are there to cover or compensate you in the event of a challenge, perhaps by supporting legal action, or just to compensate for a 'loss'. However, the principle behind it is that it cannot be a current 'dispute' that all parties are aware of. Or, once you bring it to notice - say by asking the LR to clarify matters - then it's again 'out in the open', and likely won't cover you. I've no idea if that applies in your case, as there isn't enough info in your post.

user1977

jumpingjack2025 said:

will the lender accept indemnity insurance alone ?

Probably, yes.

jumpingjack2025

the boundary as per seller is a triangle but on hmrc site it is less than the triangle affecting a little parking area. it falls in the public road and no other property in between. 

user1977

jumpingjack2025 said:

the boundary as per seller is a triangle but on hmrc site it is less than the triangle affecting a little parking area. it falls in the public road and no other property in between. 

What do you mean by "as per seller"? If the area is in the public road (rather than occupied by the seller) then why is it an issue?

jumpingjack2025

problem is our scolicitor says if the seller doesnt apply for adverse possession supported by indemnity insurance to match sellers documents she wont agree

user1977

jumpingjack2025 said:

problem is our scolicitor says if the seller doesnt apply for adverse possession supported by indemnity insurance to match sellers documents she wont agree

That doesn't really answer my question.

As explained above, the usual principle with indemnity insurance is that you get it and then stay quiet about the problem, rather than try to fix it.

grumpy_codger

jumpingjack2025 said:

the boundary as per seller is a triangle but on hmrc site it is less than the triangle affecting a little parking area. it falls in the public road and no other property in between. 

Land Registry?
How can the seller sell you something that they dont own? I think you buy what is registered and keep using the unregistered part. You can apply for adverse posession, but there is no guarantee that the application will be successful, whatever the history of using this land is. The legal owner will be notified and can object.

Section62

jumpingjack2025 said:

the boundary as per seller is a triangle but on hmrc site it is less than the triangle affecting a little parking area. it falls in the public road and no other property in between. 

jumpingjack2025 said:

problem is our scolicitor says if the seller doesnt apply for adverse possession supported by indemnity insurance to match sellers documents she wont agree

So the current Land Registry information shows a smaller area than on a previous plan purporting to show the area owned?  And the difference is land which is currently used for a public road?

In which case, if the highway authority claim the area as public road then adverse possession and indemnity insurance aren't really relevant - the land will remain as highway unless the highway authority decide it is no longer needed (unlikely to happen).

If you would have less parking space if the council decided you couldn't park on the road then the right indemnity policy might compensate you for the loss in value of your property as a result of having less parking, but you'd need to make sure the policy covers that.

Worth noting that the land under 'ancient' roads (i.e. ones which haven't been built and adopted) is typically owned by the people fronting the road - and you sometimes see a deeds plan which shows ownership part way (up to half) across the road.  If your road is one of those then the historical plan showing some ownership under the road, vs the current plan which doesn't, shouldn't be as much of an issue that your solicitor seems to be making it.

jumpingjack2025

3 months into the house buying process . searches , everything is come back all clear . There is a small discrepancy between house boundary and land registry site.(boundary concerning the parking and public highway)
our solicitor being very slow and dragged the issue and after 3 months says that lender wont lend unless the issue is dealt with the land registry.
does any one know how much time will the land registry take? we are also not sure if the seller will agree as it has already been 3 months

user1977

You have an existing thread at unclear boundaries — MoneySavingExpert Forum - can you revisit that and answer the outstanding questions?