My mother has owned her property for about 35 years. Around 15 years ago the neighbour at the time asked if he could move the fence between the two back gardens about two feet into my mother’s land, to make room for a garage he was building. My mother agreed and they shook hands on it. Nothing was ever put in writing and certainly nothing was registered with the Land Registry. That neighbour sold up about eight years ago and the current neighbour has always assumed the fence is on the correct boundary line. My mother is now thinking about selling and I am worried that the title plan still shows the original boundary, which doesn’t match where the fence actually is. Could this cause problems during a sale? Would a buyer’s solicitor pick up on the discrepancy between the plan and the physical boundary? I have read that after 12 years of adverse possession the neighbour might have a claim to that strip but I am not sure how that works when the land is registered. Any thoughts on whether we need to get this sorted before she goes to market or if it is likely to be a non issue.
Vince
Adverse possession on registered land is a different beast to unregistered. The neighbour cant just quietly claim it after 12 years. They have to apply to Land Registry and your mother would be notified and given two years to object. So no, its not going to happen by stealth. The real problem is the buyer’s solicitor will compare the title plan to what they see on the ground and ask questions. Get a conveyancing solicitor to advise on whether a statutory declaration or a boundary agreement is the right fix before she lists.
Thanks Rob that is reassuring about the registered land point. I have checked and my mothers property is registered with Land Registry and the title plan does show the original boundary line, which is about two feet further out than where the current fence sits. So the title is clear on paper at least. The concern I have is that the new neighbour who bought the property next door about three years ago might assume the fence is the legal boundary and could cause problems when my mother comes to sell. The original neighbour who asked to move the fence has long since moved away and nobody wrote anything formal down at the time, it was just a handshake arrangement. I have been reading about statutory declarations and I am wondering whether it would be worth getting my mother to sign one confirming that the fence was moved by agreement and that she never intended to give up ownership of the strip. Would that carry any weight with a buyers solicitor or would they still raise an enquiry about the discrepancy between the title plan and the fence line.
Vince
A statutory declaration from your mother would help but it wont stop a buyers solicitor raising the enquiry. They will see the fence doesnt match the title plan and theyll ask about it regardless. The simpler option is to move the fence back to the title boundary before marketing. Two feet of garden is two feet of garden. If she doesnt want the strip back then get a solicitor to draw up a transfer of that strip to the neighbour and register it properly. Costs a few hundred quid. Handshake agreements cause problems precisely because nobody writes them down.
Good that the title plan is clear. The statutory declaration helps but its belt and braces. If your mother does decide to sell, get a boundary surveyor to mark the original line on site and photograph it alongside the current fence position. Costs maybe £300 to £500. Gives a buyers solicitor something concrete to work with rather than just a statement from a 75 year old about what happened 15 years ago. No offence meant but thats how theyll see it.