Desperate for help w. land registry / boundary issue delaying sale

Jimbob_me

Hi all,

We are currently in the late stages of selling our house.

Several months ago our buyers flagged a boundary discrepancy on our title plan. It shows that our boundary is encroaching into the neighbours garden, as well as partly through their house (we're end of terrace). The actual shape of the boundary is correct, but its essentially snapped over onto the incorrect wall, possibly during initial registration, which was done in 2006.

My neighbours land is unregistered as it stands, but she is in the early stages of registering her estate.

My solicitor was unable to find any supporting document for when our house was first registered in 2006, i.e, it appears it either wasnt registered with any old plan/deed OR that document has since been lost.

My solicitor suggested waiting for my neighbour to register her land, which would then trigger our boundary to be amended as a result, but i stressed that this could take months/years and we could lose our house sale and onward purchase.

Instead, we decided to use a deed of rectification to sort the boundary. This involved me having a new land registry suitable plan showing the correct boundary made up, a deed drafted by my solicitor and then a signature from myself and my neighbour, where we both agree on where the boundary is. This has been completed, sent to land registry and expedited. Unfortunately i have found out this week that HMLR are writing to my solicitor next week to say that the deed of rectification is the incorrect method to correct the boundary and has thus been rejected. They will state the reasons and possible other options.

Where it becomes difficult is the following:

• My buyers have been told they can't progress with the sale until the boundary has been amended.
• Both mine and my buyers mortgage offers expire at the beginning of May.

I am expecting that my solicitor will suggest either transferring the strip of land over to my neighbour, which cannot be done until she has registered her land, OR, waiting for her to register her land and having our boundary amended as a result. Obviously both will take months and will go way beyond our mortgage offer expiry dates.

Can you try and suggest some possible ways forward for us? I am thinking our buyers can go back to their solicitor/lender and possibly ask for them to reconsider their stance on having the boundary amended before completion. This is on the basis that:

• There is no dispute. Both me and my neighbour know exactly where the boundary is and has always been.
• Me and my neighbour have both signed a written document defining where the boundary actually is.
• There is a known and clear path to having the boundary amended (wait for neighbour to register land).
• This house has previously been sold twice with the same title plan without issue.

We're at risk of losing a property that has been held for us for 10 months by a family friend.

Any help would be appreciated. Thanks.

anselld

Who has told the buyers that the sale cannot progress?

The most obvious route seems to be to progress the sale and then allow the boundary to update in due course based on the agreement which is in place with the neighbour.

Jimbob_me

https://forums.moneysavingexpert.com/discussion/comment/81959327#Comment_81959327

I have been told by my solicitor that my buyers solicitor/lender has stipulated that the boundary be fully rectified before completion.

Although, i do wonder if they actually know the full extent of the issue, and the fact that its not a dispute or anything risky etc. The boundary is known and fully understood by both neighbours and yes, signed as such.

anselld

Then I would get your solicitor to make the full situation clear to the other side. Same with your agent to the buyers. And both to be clear that the sale is considered dead in the water unless they find a way to work with what they have got.

The lender is not likely to be driving it as they are simply advised by the buyers solicitors. Solicitors seem to love a Mexican stand-off but can usually be persuaded to see sense eventually.