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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10458
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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To explain:- We moved into our house May 2014 and the

Resolved Question:

to explain:-
We moved into our house May 2014 and the boundary information provided by our solicitor was clear and specific.
We block-paved our front drive at the end of 2015 - before it was an untidy collection of grass, weeds and compacted gravel.
To cut a longer story short, the neighbour is now working on their driveway and has suddenly started raising boundary queries to the effect that a proportion of our drive/plot is actually on their land, even though they didn't say so before. They are not receptive to rational discussion.
Having rechecked our paperwork we are completely satisfied that this is not the case - or in any event is totally correct as per the best advises of the solicitors when we purchased the house. In fact, a little in the neighbours favour rather than ours.
All I am concerned about now, is what is the position should the neighbours sell - how do we know what boundary definitions they will state to the purchaser? Or is this not something we need to be worried about?
would greatly appreciate comments on this if possible, please.
Submitted: 9 months ago.
Category: Law
Expert:  Aston Lawyer replied 9 months ago.

Hi, when you purchased, did your Solicitor provide you with the Land Registry plan or did he also show the original Plan of the property when the property was first purchased (if the property is over 50 years old, it's unlikely that this second Plan would have been available for your Solicitor to provide a copy to you, but I am just trying to establish exactly what Plans you were shown).

I look forward to hearing from you.

Al

Customer: replied 9 months ago.
thank you, Aston
I'll have to get back to you tomorrow with this information i'm afraid - as am currently at work and the paperwork is at home.
I'm sorry to inconvenience.
do I log off now and log in to pick up the Question thread in the morning?
Expert:  Aston Lawyer replied 9 months ago.

Hi,

No worries. This question will be left open for you to respond tomorrow.

Kind Regards

Al

Customer: replied 9 months ago.
many thanks
Expert:  Aston Lawyer replied 9 months ago.

No worries. Please do not reply to this message until tomorrow. Thanks Al

Customer: replied 9 months ago.
Hello
I have checked and yes, we do also have the original plans when the property was first purchased.Nothing whatever seems to have changed in that time and in spite of a couple of papers they waved at us the other day of unknown/doubtful origin, I think it's extremely unlikely that if any dispute was started by the neighbour, it would be successful.One of the two papers shown to us the other day had an apparent boundary line drawn on it, (half-way across our building let alone across the plot) - which had been drawn on by the neighbour?!What is bothering me is how we know what may be stated to a purchaser, should the next-door house be put on the market.
Expert:  Aston Lawyer replied 9 months ago.

Hi,

Thanks for your reply.

Well, unless any formal document has been subsequently drawn up and signed by both parties, changing the boundaries, you are very safe to say that the original Plan you have does indeed denote the correct boundary position, and this plan would have been used by the Land Registry when registering the property.

I therefore do not think you have anything to worry about. If your neighbour does sell, it is more a problem for him than it is for you, in that no Purchaser will be advised to proceed, if they are told there is a query with the boundaries (not that there is, by the sounds of it). So, if your neighbour thought there was a genuine query, he would be pursue it now. Likewise, the Purchaser's Solicitor will show their client the relevant OFFICIAL plans and explain that these are the correct boundaries.

I hope this assists and answers your question.

If so, please could you rate my answer.

Thanks.

Kind Regards

Al

Customer: replied 9 months ago.
Very clear and helpful, thank you.So to recap on my understanding - the official documentation (i.e. as per land registry title plan) would be what the solicitors would base any sale information on. If any verbal advices or 'unofficial' stuff conflicted with that, the solicitors would delve into it further at that stage. Hence we don't need to worry, even if the house goes onto the market.would you mind confirming or otherwise this, please?
Expert:  Aston Lawyer replied 9 months ago.

Hi,

What you say is exactly right. I wouldn't worry yourself!

Kind Regards

Al

Customer: replied 9 months ago.
Ideal.
many thanks for your help; much appreciated
Kind regards
Elizabeth
Expert:  Aston Lawyer replied 9 months ago.

Hi, thanks. I would be grateful if you could rate my answer so I can get credited for my time. Kind Regards Al

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