Put the tape measure away

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mr sheen
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Re: Put the tape measure away

Post by mr sheen » Fri May 13, 2016 2:46 pm

[quote="Mollie90123"]
Can anyone in conveyancing tell me what you should be able to do if you think your measurements on the Plan are incorrect and the Boundaries are not clear
[quote]

You should be able, and indeed are able, to decide not to purchase if you aren't happy with anything.

Before purchase you have the opportunity to ensure that you are happy with all the documents and the situation on the ground. The plans give a general overall picture and the situation on the ground is what you are buying.

If you are not happy....then it is a buyer beware situation and you then either choose to walk away from the purchase.....
or you can proceed with the purchase and hence choose to accept the situation on the ground.

However with a right to buy situation, the Council are well and truly in the driving seat and if you have broken your tenancy agreement they can insist you reinstate the boundary or you may forfeit your right to buy, you need to check with your contracts to see what your position is, or check with your solicitor. The council are very protective of their assets, since all prospective right to buy buyers could move boundaries all over the place to get more than they have had in their tenancy and which is what you have the right to buy and no more.

Mollie90123
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Re: Put the tape measure away

Post by Mollie90123 » Fri May 13, 2016 8:23 pm

since all prospective right to buy buyers could move boundaries all over the place to get more than they have had in their tenancy and which is what you have the right to buy and no more.

There in lies the problem. It seems in Scotland they have been doing this

The Right to Buy in Scotland I think has been wrongly interpreted by some. The council measures what you are using at that time. I will stick to examples that I know have happened. Neighbour A asks Neighbour B if they can erect a large shed on Neighbour Bs garden.
Neighbour B is elderly and quite glad to be rid of her garden.
Neighbour A buys their house, and the land is included without any checks. Crazy as it seems it meant about 3m of land all the way up the garden was purchased by A.

Example 2
Neighbour C purchased a house. Again it was measured from fence to fence.
On renovating and roughcasting next door it was found that at least 0.5m of Neighbour Ds house lands inside Neighbour Cs garden including the central heating overflow.
The council works dept ordered Neighbour C to move the fence. But neighbour D said it is in her title deeds.

I have replaced my fence (our fence) to run along median line. Both my neighbour and I agree that this is the boundary is logical and will make boundary clearer in future. It is the council that dispute the line and ask that I move it but cannot specify where.

Collaborate
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Re: Put the tape measure away

Post by Collaborate » Sat May 14, 2016 7:04 am

So your new fence is 0.25 degrees off from where the old one was?

Someone from the council has too much time on their hands.

Mollie90123
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Re: Put the tape measure away

Post by Mollie90123 » Wed May 18, 2016 6:47 pm

Yes, collaborate I think they have the bit between their teeth on this.
But can you be sure it is that boundary that veers.

I will try and set out what I have from council on the plan.

Left boundary running along drive
34m. Call this A

B is on opposite side from road to house front 7.50m

C is on opposite side in the back garden.

I know C does not 'attach' to the median line of semi detached
I am not sure about B
They are not necessarily in a straight line front to back.
As the council take the fence line not the Median Party wall line.

Stay with me!
It is a rectangle plot. Either end is

Front is 11.05m
Back 10.90m

So difference is 15cm.
This plan could produce many permutation. What if they mean all are straight but C starts 15cms towards A?
There are no Anchor Points mentioned I asked many times

Conveyancer
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Re: Put the tape measure away

Post by Conveyancer » Thu May 19, 2016 9:17 pm

The system of conveyancing in England and Wales is based on plans being to identify property and not to fix its exact boundaries. The main reason it is like that is because it has always been like that. Surveyors have been able to draw sufficently accurate plans for I do not know how long, but certainly for two centuries. The problem was that no one was prepared to incur the expense. If you have a system where accuracy was rare it cannot be imposed today because you just cannot conjure up an accurate boundary from existing title plans. When it comes to new boundaries the same principles are applied. It is perfectly possible to agree a determined boundary on a sale, but no one does so - because of the expense. Even if you go one step down from a determined boundary, there is a limit to achieving anything near certainty because fences and walls have widths and may not be be straight lines and a host of other reasons.

Anyone who is puzzled about why boundaries cannot be pinned down should have a look at this site: http://www.boundary-problems.co.uk/
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