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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi We have recently bought a new house (6 months). We bought

Resolved Question:

Hi
We have recently bought a new house (6 months). We bought the house from a property developer who bought it from the council. The house next door is still owned by the council but is under offer. Since moving in we have discovered that the boundary between the two properties does not match the boundary recorded with the land registry. The dividing fence should a moved 5 feet into the garden of the house mentioned above. I believe the fence is where it is because it avoids trees and was probably installed by the council when they owned both properties.
My question is am I entitled to just move to fence to match the boundary? What legal steps (if any) should I take before moving the boundary. I've tried contacting the council but they aren't helpful, no doubt because the house is being sold. I can supply a copy of the land registry document if that would help.
Kind regards
Darren
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know whether anyone is living next door?
Customer:

It's empty. It used to be a half way house. The buyer has put in a request to have the property registered as a single dwelling as it is currently multi dwelling.

Customer:

oh, it has been empty for approx five years.

Alex Watts : Ok.
Alex Watts : in that case move the boundary!
Alex Watts : the only person that could object is the council. If the property is empty then they can't object as they are not there to.
Alex Watts : So yes move it but only in accordance with the deeds.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Hi Alex

Customer:

Thanks for the prompt response

Customer:

Moving the boundary may take some time as there are large trees to sort out. So what would happen if I didn't get the boundary work complete until a) the sale had gone through but the property was still unoccupied b) the property was occupied. I don't think "b" is realistic because the property needs so much work to make it good, but forewarned is forearmed as they same.

Customer:

kind regards

Customer:

Darren

Alex Watts :

The problem is the sale goes through the new owner might look at it and say, hold on its moved and end up taking you to Court. Clearly this is not the best start, so sooner rather than later.

Alex Watts :

If the property was occupied you can't just go ahead and move it. You would need to speak with your neighbour and if they refuse, need to get a Court order - again expensice

Alex Watts :

So really now is the best option

Alex Watts :

Does that he;p?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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