Any Conveyancers/Solicitors on here?

SarahB16

eddddy said:    

Or you could just enjoy using that bit of extra land as part of your garden.

If you look at whatever is on the other side of the fence, is it likely that somebody will notice and complain that your fence is in the wrong place?

Yes I'd just keep quiet and enjoy the extra land that is part of your garden.  

Highly unlikely it's going to be taken off you and I'd just keep quiet about it and no need to bring it to the attention of your management company.

I was concerned there was something under that triangular piece of land and there needed to be access to it but that doesn't seem to be the case so just keep quiet now to everyone (housing developer, your management company and solicitor). 

eddddy

NordicNoir said:

I am concerned that our deeds are wrong at the LR (we have the incorrect extent of land shown) and want it corrected to reflect the reality.

It's a bit difficult to understand your concern.

Can you clarify...

When you signed the contract to buy your house, did the plan in the contract look like this?...




And if so, was the same plan registered with Land Registry?

If so, there is no problem with the purchase and registration - everything matches up.

It just seems like the developer put the fence in the wrong place.

NordicNoir said:

The triangle is now owned by the management company and we can keep it.

I guess you mean that the management company is saying that, even though they own that triangle of land, you can leave the fence where it is. Do you see that as a problem?

NordicNoir said:

I am concerned that it will be an issue when we come to sell

I can't see why there would be an issue.

Assuming you sell in, say, 5 years, if it comes up as a query you can say something like...

"The fence is where the developer originally built it. However, the fence appears to enclose a triangle of land which doesn't belong to the property.

We have used that triangle of land as part of our garden for 5 years without any complaints from anyone. So we think it unlikely that anyone will complain in the future.

However, there is always a remote possibility that somebody might complain, and the result might be that the fence has to be moved."

NordicNoir

eddddy said:

NordicNoir said:

I am concerned that our deeds are wrong at the LR (we have the incorrect extent of land shown) and want it corrected to reflect the reality.

It's a bit difficult to understand your concern.

Can you clarify...

When you signed the contract to buy your house, did the plan in the contract look like this?...




And if so, was the same plan registered with Land Registry?

If so, there is no problem with the purchase and registration - everything matches up.

It just seems like the developer put the fence in the wrong place.

NordicNoir said:

The triangle is now owned by the management company and we can keep it.

I guess you mean that the management company is saying that, even though they own that triangle of land, you can leave the fence where it is. Do you see that as a problem?

NordicNoir said:

I am concerned that it will be an issue when we come to sell

I can't see why there would be an issue.

Assuming you sell in, say, 5 years, if it comes up as a query you can say something like...

"The fence is where the developer originally built it. However, the fence appears to enclose a triangle of land which doesn't belong to the property.

We have used that triangle of land as part of our garden for 5 years without any complaints from anyone. So we think it unlikely that anyone will complain in the future.

However, there is always a remote possibility that somebody might complain, and the result might be that the fence has to be moved."

I am obviously thinking too deeply! The plan on my TP1 is the same red outline as on the LR. The real physical area is different. The LR advise that when this happens, another small TP1 is completed to transfer the extra land and then add it to the title of the original.

I see issues on here all of the time where peoples’ sales are held up because a discrepancy is found between the LR plan and the physical reality and their solicitor demands that it is corrected.

GrubbyGirl_2

NordicNoir said:

eddddy said:

NordicNoir said:

The thin triangle is within my fences but it is still owned by the management company. 

You seem to be saying the developer put your fence in the wrong place - so you've got a bit of extra land enclosed with your garden.

- Is somebody telling you to move the fence?

- Or are you worried that somebody will tell you to move the fence at some point in the future (perhaps at your expense)?

If you're worried, I guess you could tell the developer they've made a mistake, and ask them to move the fence.



Or you could just enjoy using that bit of extra land as part of your garden.

If you look at whatever is on the other side of the fence, is it likely that somebody will notice and complain that your fence is in the wrong place?

No one is asking for it to be moved, the developer included the wrong plan with the TP1. The triangle is now owned by the management company and we can keep it.

I am concerned that our deeds are wrong at the LR (we have the incorrect extent of land shown) and want it corrected to reflect the reality. The developer has refused to pay as it is now with the management company. I am concerned that it will be an issue when we come to sell and will need correcting at that point anyway. Hence, my query about what checks does the conveyancer make once they receive the title document back once it is registered.

I am just a bit fed up that we will need to pay hundreds of pounds to correct something that is not really our fault.

Ask the developer that he has 2 choices, either correct it with the land registry or move the fence.  It will cost a lot more for them to send workers in to move the fence

daveyjp

The Land Registry isn't wrong, that is the plan supplied to show the area to be registered and that is what the OP now owns.

LR don't measure it, they don't visit, they just check to ensure the plan meets requirements for an ownership plan.

Options are: move the fence, transfer the small triangle of land from the current freeholder to the OP, do nothing and sort it when the property is sold.

There may be a further issue - what is the management company employed to do?  If it includes maintaining that area of land all the property owners will be paying for them to do so.

silvercar

daveyjp said:

The Land Registry isn't wrong, that is the plan supplied to show the area to be registered and that is what the OP now owns.

LR don't measure it, they don't visit, they just check to ensure the plan meets requirements for an ownership plan.

Options are: move the fence, transfer the small triangle of land from the current freeholder to the OP, do nothing and sort it when the property is sold.

Option 4 is to do nothing when the property is sold. Reasonable chance your buyers won’t notice and if they do they may well not be bothered, particularly if it delays their purchase. 

eddddy

NordicNoir said:

I am obviously thinking too deeply! The plan on my TP1 is the same red outline as on the LR. The real physical area is different. The LR advise that when this happens, another small TP1 is completed to transfer the extra land and then add it to the title of the original.

So you don't own the triangle of land, the fence was simply put in the wrong place - possibly by a fencing contractor who didn't correctly follow the instructions they were given.


But you seem to be saying you want the triangle of land transferred to you using a TP1, presumably for free. (Although there would be a chunk of solicitors fees for each party.)  I think that's unlikely to happen.


Assuming this was a mistake by a fencing contractor or similar, if you kick up a fuss, I suspect the outcome would be that the developer tells the fencing contractor to come back and correct their mistake by moving the fence.

TBH, as I mentioned above, in your position I would just keep quiet about it and use the extra piece of land as part of your garden.

NordicNoir

Thanks for your input folks!