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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70696
Experience:  Over 5 years in practice.
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Background I Mr R (and my wife Mrs R) purchased a house with

Resolved Question:

Background
I Mr R (and my wife Mrs R) purchased a house with a building plot adjacent (March 2001). The plot was sold to a third party at acution Mr C (and Mrs C) (July 2001). An agreement was reached on the actual boundary and an 8 foot boundary wall and fence was erected to run the length of the adjacent plots. The boundary wall aspect also doubled as a retaining wall for the new building. In error the new title deeds (our land and Mr C's land) did not accuraltey reflect the actual boundary. Instead Mr C was gifted (in error) a 2-3 metre strip of land on our (Mr and Mrs C). In 2003 Mr C sold the house to Mr G. Neither at the time of the inaccurate drawing of the new title deeds (2001) or at the time of the purchase by Mr G from Mr C of the new build house (2003) was the error of deed plan noticed. In 2008 Mr and Mr R (Us) became aware of the error. Subsequently we attempted to recitfy the deed with our neighbour. (Mr G) Mr G (and Mrs G) have been particularly evasive and intransigent in our attempts to rectify the deed. We are now waiting for them to sign the appropriate documents so that a rectification of title deed can take place.
Not with standing that Mr G (and Mrs G) could surprise us and sign the documentation quickly! ( we hope) we are exploring the possibilty that if again the signatures are not forthcoming that we will have no alternative but to claim adverse possession. Whilst we are confident that we can prove that the deed was drafted in error( We have a written statement from Mr C confirming the error, photographic evidence, and the Ordinance survey map has confirmed the actual boundary for many years) we want to know a couple of things!
1. (a)Given that they can object to the rectification how long does it take for a case such as this which is a straight forward error to be decided in Court? (b) how much roughly does it cost to bring this kind of case to a conclusion?
Regards
MR R
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
How long have you been waiting for them to sign the deed?
Have solicitors been dealing with this and are the neighbours aware of the potential of them being taken to court?
Customer: replied 3 years ago.

We made an initial attempt for them to sign the deeds in 2010 and in fact they actually did however they did not aquire sufficient witness signatures. I have made them aware that we would have no alternative but to take them to court to rectify the deed in order for both parties to be able to resell each respective property at some stage in the future if required.

Expert:  Remus2004 replied 3 years ago.
To answer your question directly, the rectification can be done by the land registry very quickly once they have the necessary transfer deed.
It could easily be done in under a fortnight.
If the threat of court proceedings does not make the neighbours respond, you may find that when the proceedings are issued they wake up to the fact that if they don't do something about this, it could cost them a considerable amount of money.
If they still do nothing about it, it is a matter that would have to be decided by the land tribunal.
That process is not quick and it could easily take 12 months.
If it becomes a fully defended application, the loser will usually end up paying the winner's costs as well as their own and those costs could easily be £10,000 and even considerably more.
Can I clarify anything for you?
Jo
Customer: replied 3 years ago.

OK Jo thats great thank you

Expert:  Remus2004 replied 3 years ago.
No problem and all the best.
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