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Boundary

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  • Boundary

    When we went to sign the exchange documents we realised that the property we want to buy has been beyond the boundary line.
    More specifically the house is on the boundary as per plans, but they have buit a wall about 5 ft along this boundary.
    Both the vendors, who built the house, and their solicitor have admitted they knew of the 'issue' and have said they will sort it.
    Any ideas where we might stand on this legally?

  • #2
    Re: Boundary

    I think what you are saying is that, though the house is within the registered boundaries of the property, part of the garden is outside them

    As you have not yet exchanged contracts, legally you do not have any standing at all - you can only wait and see how the problem is sorted out

    As the house is not on the "extra" land, and assuming (for instance) that no part of the access is and that nobody else is claiming the "extra" land, it should be possible for the sellers to -
    (a) acquire "possessory title" to the "extra" land and
    (b) transfer that title to you and
    (c) arrange indemnity insurance cover against the risk of a third party trying to claim ownership of the "extra" land

    However, this all depends on the exact circumstances and background - your solicitor should have details of these and be able to advise you more specifically as a result
    This is based on my experience as a conveyancing solicitor in England, but I do not accept liability for information I give in this forum

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    • #3
      Re: Boundary

      Thanks JustinN
      The vendors solicitor is currently looking into whether the land is registered. From what I understand it is better all round if the land is not registered and then all the vendors will have to do is take out the indemnity insurance. No idea what this will actually cover, but as you say our solicitor will fill us in.
      Thanks again

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