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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 32257
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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We are currently selling our house which we have owned for

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We are currently selling our house which we have owned for less then three years. Our solicitor representing us also represented us when buying it. We have found out that the boundary is incorrect. Part of our garage is showing it is in fact built on the private estate which boundaries our property. Our solicitor wanted to take out a statutory declaration with an indemnity policy but the new buyers have refused this. Incidentally both solicitors work for the same company but different branches.
JA: What are you located? It matters because laws vary by location.
Customer: North Yorkshire uk
JA: Has anything been filed or reported?
Customer: regarding the declaration?
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: There is a mains pipe under the part of land we now find we do not own. Our solicitor took out an indemnity policy when we bought the property about this. She never the boundaries. She did have the title deeds but they did not show where the property or garage were within the boundary.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

Customer: replied 14 days ago.
Basically our solicitor is saying we will have to buy the extra bit plus pay the legal fees of the seller. Surely this comes down to her not doing her checks correctly when we bought the property. We have checked all paperwork relevant to when we bought and there are no

I'm sorry to read of the above. May I clarify roughly what amount of land is in question above please? in other words, how's it been determined precisely that the area of land is owned by a neighbouring landowner rather than you?

Customer: replied 14 days ago.
30 square metres
Customer: replied 14 days ago.
An independent company went out to measure it
Customer: replied 14 days ago.
It was a complete shock to us
Customer: replied 14 days ago.
There is no discrepancies on the paperwork when we bought with regard to boundary questions.
Customer: replied 14 days ago.
The title deeds do not show garage or house which was built in the 90’s.
Customer: replied 14 days ago.
All other dwellings/farms on the road are owned by Swinton Estste, a large 20,000 plus estate in Yorkshire. Our house is on the grounds of the old village hall. We have all title deeds going back to the 90’s.
Customer: replied 14 days ago.
Can I request a call after 5.30 as I now need to go out?

  1. thank you. is it evident from the title plan in relation to your property that the land in question is clearly not contained within your title or is it not clear based upon the scale of the plan that this is the case?
  2. if it is clear that the land is not contained within the title from the plan, did your solicitor not send you a copy of the title plan and ask you to confirm that the boundaries are correct? Naturally, solicitors tend not to conduct site visits due to cost so reliant upon their clients to confirm this to them

Customer: replied 14 days ago.
She would of sent a copy of the deeds but my husband though the boundary ran down the bank. We did not think the deeds would be wrong. You put a certain mount of trust in what you see and that the legal system is there to protect you as neither of us are qualified surveyors,

the first question would be whether the land definitely does belong to the neighbouring landowner or not. It can often be difficult to determine the exact position of a boundary in terms of centimetres or inches but a plan should enable identification of land in terms of several feet usually. As above, properties are generally registered with a plan for identification purposes showing the general position of a boundary. Sometimes it can be relatively straightforward to determine the location of the boundary by reference to another structure such as the house but not always and even then not necessarily with the degree of accuracy that may be required.

From what you say, of you has been informed that the land does not form part of the title and you seem to accept this position though I make the above statement simply to observe that it is not necessarily determinative based upon the title plan itself and if there is doubt in this respect, then a boundary dispute process may be worth considering.

If there is no question that some or all of the land in question belongs to the neighbouring landowner, then you need to revisit the information that was given to you by your solicitor originally. As above, it is not the responsibility of a solicitor to check the boundaries for pragmatic reasons that is not cost-effective for solicitors to visit properties. The solicitor can discharge their responsibilities in respect of boundaries and by ensuring that they sent you a copy of the file plan and asked you to confirm that the plans were in accordance with the physical boundaries as you inspected the property. If they did this, and you felt to identify any discrepancies, I fear it is unlikely you would have a claim against the solicitor in this respect. Conversely, if they did not send you a copy of the plan then there may be negligence in this respect.

As above, if part of the land does indeed belong to a neighbouring landowner, then you either need to consider a boundary dispute process or if you are able to contact the previous owners who live there for at least seven years or more, then you may be able to contemplate a claim for adverse possession if they are willing to cooperate in this respect with you. Otherwise, you may need to consider negotiating with the adjoining landowner as regards ***** ***** of the land  which of course may involve the payment of money

Customer: replied 14 days ago.
Thank you

I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.

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