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tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
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ive got a cottage that we want to sell . the property originally

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hi ive got a cottage that we want to sell . the property originally was the cottage and a very big garden . we then split the garden up into 3 plots , the cottage and some re-tained land which we kept ,and then split the rest of the garden into two building plots . the building plot which had its boundery which joined on to our re tained land was sold to a local builder .a conveyance plan was drawn up by an architect and attached to the contract for the exchange of contracts .the plan was not done by a surveyor it was done showing identifying points to mark out the boundary . any way as a result of this we got into a boundery dispute as the points and measurments were different . the boundary dispute was resolved and a tomlin order was drawn up showing the new agreed boundery . the problem i now have is the original plan doesnt represent the new boundery of the cottage i now want to sell .the advice i would like is when i come to sell the cottage do i have to use the original plan or can i have the site surveyed and a new plan drawn up showing the exact extent of the cottage and land now being sold i want to make the sale water tight so there are no comebacks. what would your advive be to the above problem for a water tight sale
regards nicholas
Hi thanks for your question. My name is***** will answer this for you.
There is no absolute rule which plan you must use. If you use the original plans and this does not match the Tomlin Order plans, then you face the potential for the purchaser to have another dispute with the neighbours over similar issues. You will be asked as part of the sales process whether you have had disputes, and the buyers solicitors will likely ask for more details, including the Tomlin Order. This will mean that they will become aware of the different plans and the issues you mention.
You will just have to agree something in terms of which plan to be used with the buyers solicitors.
The best thing is perhaps, as you say, a new plan which is agreed by everybody (i.e. you and the neighbour, and the prospective purchaser), as this will satisfy everybody. If you find you have trouble selling this with this issue outstanding, then obviously, you should continue to try and address the issue with the neighbour.
I would suggest you get a solicitor and surveyor to look into this and sort it out. That way, you have some come back against their insurance policies if they get it wrong - this might apply already if there was a fault on their part if you instructed them to deal with and resolve the dispute.
Hope this helps. If this answers your question, please do remember to rate the answer as highly as you can for me. If you need anything clarifying, let me know.
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