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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a potential boundary dispute looming. I m selling

Customer Question

I have a potential boundary dispute looming.
I m selling my house and my neighbour (who owns 2 acres of agricultural land adjacent) has just come forward and told me that he is disputing the boundaries so that we cant sell.
I gave him a copy of my title deed showing the boundary and told him that I was not disputing the boundary as shown. The land he is claiming as his is where my septic tank is.
I have commissioned a surveyor who tells me that the Land registry title deeds for both plots marry up and he has been out to do a satellite survey of the of the boundary. We plan to peg the boundaries and put up a fence on my side of the boundary.
My neighbour says that he will not spend any money on a solicitor and tells me that it is all up to me.
What should I do? I am keen to sell, can I go ahead?
Roger
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Just because there is a dispute does not mean you can't sell it -you can. It would then be for the buyer Solicitor to satisfy themselves that all is in order. If there is a dispute over the boundary it may put off new buyers, but if there is a septic tank on his land - its up to him to seek a Court order to get it removed or the Land Registry changed, not you.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Thank you Alex.That is as I thought. We have been living there for 15 years, the septic tank has been there for much longer than that and the Land registry deeds show that it is indeed on my land. The neighbour may be being awkward because he can.But my real question is can he claim a dispute when the land is plainly mine (according to the title deeds and the Land registry) just to disrupt the sale. He will not pay for a solicitor or a surveyor and tells me that it is up to me to defend the dispute and that I have to pay legal and surveyor fees. That seems wrong to me. When does it become a dispute - when he goes to court or can he just say "I am disputing the boundary" and that constitutes a dispute. I have written to him and told him that I am not disputing the boundaries and am happy with my title deeds and the land shown there.And.... do I have to tell the would be purchaser that there is a dispute or is it classed as neighbourly banter at this stage?RegardsRoger
Expert:  Ash replied 1 year ago.
Again it would be for him to take you to court. You have land registry documents. Irs not really s dispute until legal letters have been sent.
Does that help?
Alex
Ash and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
very helpful.Thank you.
Expert:  Ash replied 1 year ago.
Happy to help.
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