Boundary dispute and remortgage

[baskingbee]

Hi All

I posted a while ago regarding a boundary dispute I am experiencing. This is on going and I am in the process of putting together an application for adverse possession.

My current mortgage deal has come to an end and I started the process of remortgaging. I have come across a direct question which asks are you aware of dispute on the property. Obviously, I am. What is the likely consequence of telling the potential mortgage company this.

Thank you.

[Collaborate]

You can rest assured that you are not guilty of fraud, for a start.

It won't affect I presume the value of your property if it's only an AP claim. Why is it a boundary dispute? You own parcel A. You say you're in AP of parcel B, but that doesn't affect the value of parcel A unless someone else is claiming that they own parcel B and parcel B includes some of parcel A. By making a claim for AP, you're admitting that you don't actually own the land in question.

[baskingbee]

[quote="Collaborate"]You can rest assured that you are not guilty of fraud, for a start.


I am worried they may refuse me the mortgage.

The situation is that the land was bought by a previous owner of my property more than 20 years ago as an extention to my garden but the title deeds were not updated. Rather than try to get a retification (the seller was the local authority) my solicitor has recommended that AP is the best and easiest route to go down. My neighbour is refusing to accept that the land is not theirs. Despite evidence and discussion. The boundary on the ground has been in place for 20 years.

[Collaborate]

It seems straight forward. You are applying for a mortgage on property that you prove you can own (i.e. without the extra bit). The additional bit is the land that you can't prove you own (if you could, you'd be the registered proprietor). Just make that plain to the mortgage lender.

I'm struggling to understand why you're more worried about not getting a mortgage than you are about committing mortgage fraud. This is not a boundary dispute.

[MacadamB53]

here is some background:

http://www.gardenlaw.co.uk/phpBB2/viewt ... =4&t=20800

[baskingbee]

I'm struggling to understand why you're more worried about not getting a mortgage than you are about committing mortgage fraud.

To be clear I am not planning on committing mortgage fraud. My worry was around the impact telling the mortgage company about the dispute would be. ie. Could/would they refuse to give me a mortgage.

[Collaborate]

here is some background:

http://www.gardenlaw.co.uk/phpBB2/viewt ... =4&t=20800

It's never helpful to start a new thread for the same situation.

You must have a transfer deed that hasn't been registered (if you're so sure about the purchase that was never sent to the Land Registry). Why on earth do you not just get it registered? No wonder your neighbour thinks it's his land? In fact it might even be his land.

I'm guessing this happened:
1. Your prev owner (A) buys house from the LA.
2. A then "buys" a sliver of garden next door (from the LA), but foolishly never registers the transfer.
3. LA then sell the neighboring property to B. Everyone has forgotten about the sale of the sliver to A. A didn't protect their interest at the Land Registry.
4. However A has moved the fence, so is in AP of the sliver of land.

I get it now. I understand why it is that your solicitor is recommending a claim for AP. Have I got it right?

If so, just carry on and do as your solicitor has said. And still be truthful on the mortgage application. It's still fraud if you lie.

[baskingbee]

here is some background:

http://www.gardenlaw.co.uk/phpBB2/viewt ... =4&t=20800

It's never helpful to start a new thread for the same situation.

You must have a transfer deed that hasn't been registered (if you're so sure about the purchase that was never sent to the Land Registry). Why on earth do you not just get it registered? No wonder your neighbour thinks it's his land? In fact it might even be his land.

I'm guessing this happened:
1. Your prev owner (A) buys house from the LA.
2. A then "buys" a sliver of garden next door (from the LA), but foolishly never registers the transfer.
3. LA then sell the neighboring property to B. Everyone has forgotten about the sale of the sliver to A. A didn't protect their interest at the Land Registry.
4. However A has moved the fence, so is in AP of the sliver of land.

I get it now. I understand why it is that your solicitor is recommending a claim for AP. Have I got it right?

If so, just carry on and do as your solicitor has said. And still be truthful on the mortgage application. It's still fraud if you lie.

Yes that is exactly right. Thank you.

[jdfi]

The situation is that the land was bought by a previous owner of my property more than 20 years ago as an extention to my garden but the title deeds were not updated. Rather than try to get a retification (the seller was the local authority)

Surely the LA will still have docs that assist you?

[baskingbee]

[/quote]

Surely the LA will still have docs that assist you?[/quote]

Hi there, I have spoken to the LA and they say any documentation they had has been transposed on to the title deeds.

[baskingbee]

The neighbour has previously moved some plant pots etc (about 2 weeks ago) and my solicitor advised me to write to her telling her this was not her land and that she ought to stop coming on to it but now she has started removing things from the fence (which belongs to me). These items include a birdfeeder and fairy lights.

I am unsure how to tackle this but feel that I need to do or say something as this feels like escalation.

Thank you for any advice.

[jonahinoz]

I have spoken to the LA and they say any documentation they had has been transposed on to the title deeds.

Hi Baskingbee,

Early this century, I asked my LA for a copy of the conveyance transferring possession of a field from a farmer to the LA ... "to provide housing for the working classes" (or something like that) approximately fifty years earlier. The document arrived by post, along with the request for something over £6. OK ... it was something like 35 acres, so maybe worth making a note of.

My view is that if the LA buy or sell property, they should have the details hidden in their archives. If the LA buy or sell property, I feel that any related documents are public property ... so produce them!

John W

[baskingbee]

I have spoken to the LA and they say any documentation they had has been transposed on to the title deeds.

Hi Baskingbee,

Early this century, I asked my LA for a copy of the conveyance transferring possession of a field from a farmer to the LA ... "to provide housing for the working classes" (or something like that) approximately fifty years earlier. The document arrived by post, along with the request for something over £6. OK ... it was something like 35 acres, so maybe worth making a note of.

My view is that if the LA buy or sell property, they should have the details hidden in their archives. If the LA buy or sell property, I feel that any related documents are public property ... so produce them!

John W

Hi John

I have spoken to them several times and the only thing they could send me was a copy of the accounts page showing a payment. Should I do an FOI request? I have spoken to housing, who sold the land, the conveyancing department and archives. So I am not sure where to go from here. Thank you.

[baskingbee]

The neighbour has previously moved some plant pots etc (about 2 weeks ago) and my solicitor advised me to write to her telling her this was not her land and that she ought to stop coming on to it but now she has started removing things from the fence (which belongs to me). These items include a birdfeeder and fairy lights.

I am unsure how to tackle this but feel that I need to do or say something as this feels like escalation.

Thank you for any advice.

Update:
I have since noticed that she has been into the undisputed area of my garden and moved items out of the disputed area. This feels extremely invasive. and not right at all.

[baskingbee]

My neighbour and I continue to be in dispute resulting in the neighbour entering the disputed area and moving plants etc out of it. Also, the neighbour has to enter undisputed areas to access some of the disputed area to move things. Surely, this cannot be right. I really don't know how to handle this. I can keep moving things back but it seems ridiculous..... but I feel very unnerved about her entering all areas of my garden.