Boundary Problem When Selling

Stag01
Posts: 65
Joined: Wed Apr 25, 2018 2:14 pm

Boundary Problem When Selling

Post by Stag01 »

Hi,

As if the Coronavirus wasn't a big enough problem I have another issue albeit minor in comparison that hopefully somebody may be able to assist with.

Long story short.. Approx 10 years ago the land at the side of our property was developed and landscaped into a garden by the new landowner this resulted in our property gaining a short strip of land as they erected a large and secure boundary fence which was never there before. We have now sold our property and after declaring this extra land on the "Property Information Form" the buyers solicitor has asked us to apply for AP before completion. Would this be feasible considering that we never intended to gain the land, its just a result of a fence being erected and have never tried to conceal it from the neighbour?

Any help much appreciated, hopefully something different to think about in the current climate!

Thanks
arborlad
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Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Boundary Problem When Selling

Post by arborlad »

Is there any connection with this land: https://www.gardenlaw.co.uk/phpBB2/view ... hp?t=21176
arborlad

smile...it confuses people
Stag01
Posts: 65
Joined: Wed Apr 25, 2018 2:14 pm

Re: Boundary Problem When Selling

Post by Stag01 »

We have flagged and maintained the land and also have a small storage chest on it.
Stag01
Posts: 65
Joined: Wed Apr 25, 2018 2:14 pm

Re: Boundary Problem When Selling

Post by Stag01 »

Sorry didn't see the link, no it isnt connected to that land, we decided not to pursue that case as the case would potentially cost more in fees than what the land would be worth.
Stag01
Posts: 65
Joined: Wed Apr 25, 2018 2:14 pm

Re: Boundary Problem When Selling

Post by Stag01 »

Basically just wondering whether AP is applicable here or would it just be a change to the boundary on the title. Querying AP as we probably have in effect been given permission although never actually had any discussion with the title holder about it.
mr sheen
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Joined: Fri Feb 27, 2009 2:33 pm

Re: Boundary Problem When Selling

Post by mr sheen »

When buying property, buyers are becoming increasingly aware that boundary disputes are costly financially and emotionally and consequently if there is a mismatch between the plan of the land and the situation on the ground alarm bells ring and solicitors raise awareness and seek to address any issues before their clients complete on a purchase that may be problematic for them.

The purchasers in this case want the mismatch sorted out legally before completing presumably. This is a very sensible approach when buying.

You need to consult your solicitor to explore the options.
Stag01
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Joined: Wed Apr 25, 2018 2:14 pm

Re: Boundary Problem When Selling

Post by Stag01 »

Thankyou for your reply, fully understand the buyers position and yes is sensible although there would not be any dispute here as the neighbour effectively gave us the land. Surely and hopefully a straight forward AP claim?
mr sheen
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Joined: Fri Feb 27, 2009 2:33 pm

Re: Boundary Problem When Selling

Post by mr sheen »

« The neighbour effectively gave us the land ».....this statement is guaranteed to create issues with owners down the line. Evidence?
Land transactions need to be in writing........or the land needs to be subject to successful AP claim with appropriate documentary evidence.

My experience.....only land transactions that conform to deeds and documents are straightforward.
Stag01
Posts: 65
Joined: Wed Apr 25, 2018 2:14 pm

Re: Boundary Problem When Selling

Post by Stag01 »

Ok thanks, probably shouldn't have exaggerated the issue on the property information form as this really isn't much more than a very small difference in the physical boundary. Would there be anything other than AP to cover this?
mr sheen
Posts: 2663
Joined: Fri Feb 27, 2009 2:33 pm

Re: Boundary Problem When Selling

Post by mr sheen »

Boundary position agreement written up by and managed by a solicitor and signed by both parties may be a way.
SwitchRich
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Joined: Wed Feb 24, 2016 10:34 am

Re: Boundary Problem When Selling

Post by SwitchRich »

What is the area of land in question?
Stag01
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Joined: Wed Apr 25, 2018 2:14 pm

Re: Boundary Problem When Selling

Post by Stag01 »

The area is approx 10 sq metres
span
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Joined: Sat Nov 06, 2010 1:34 am

Re: Boundary Problem When Selling

Post by span »

Tell them the property you are selling is only that which is shown on your paperwork. You're not selling anything else.
Stag01
Posts: 65
Joined: Wed Apr 25, 2018 2:14 pm

Re: Boundary Problem When Selling

Post by Stag01 »

Right ok that's an interesting angle. I wonder whether they would ask to reduce the price though of the solicitor would advise not to proceed. They have asked us to confirm that AP will be in place before completion.
Collaborate
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Re: Boundary Problem When Selling

Post by Collaborate »

Your buyers are being unreasonable. You have no control over this. You can start a claim for AP after 10 years but if the neighbour objects your application will be refused. The application will itself be an admission that the land isn't yours. I'd offer them a statutory declaration that the fence has been in situ since whenever and it's then up to them what they do with it. If they don't like the sound of that you should re-market your property.
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