Hello and thanks for using Just Answer.
I am Al and am happy to assist you with your enquiry.
As regards ***** ***** for a Survey, this is slightly unusual to be honest. On the basis that the extension was done in the 80's, any damage caused to your property would surely be visible by now. As regards ***** ***** wall agreement, this only applies to extensions which are going to be built, and do not apply to extensions already in existence.
On the basis that the encroachment has existed since the 80's, your neighbour's daughter would be successful in any application she made for adverse possession at the Land Registry- all she would need to show is that the encroachment has been in existence for over 10 years. However, as your Land will be registered, there is a set procedure and time scale any such application has to follow, to include the Land Registry writing to you to see if you would like to object to her application (you would only be able to object on legal grounds, rather than just for the fun of it). In short, the whole process is likely to take a good 12-16 weeks and if the property has already been sold, would likely cause the Buyer to pull out due to the delay.
It would therefore be better for your neighbour's daughter and Solicitor if you would be willing to sign a Land Registry Transfer document, transferring this land to her. Please note the Transfer would have to be signed by you and your ex partner if you are both legal owners. The Solicitor should have picked up on this already, but if he hasn't, I am sure he will realise once matters progress. If you do therefore agree to proceed, you would need to contact your ex partner and no doubt share the consideration with him.
Please note, if you have a Mortgage, they will have to consent to the Transfer, which normally isn't a problem, but normally will entail an admin fee being paid.
As regards ***** ***** would be normal for £500-£1,000 to be paid, plus costs. ie you should ask the neighbour's daughter to agree to pay your Solicitor costs (likely to be £600 plus VAT), and any fees incurred by you in obtaining your Mortgage Lender's consent, if applicable. As regards ***** ***** you can always ask for an additional say £300 to cover the cost of you obtaining a survey, but whether she will agree to this, I just don't know.
I hope this assists you and sets out the legal position.