Selling a house with a garden bigger than showing on land registry?

[HedgeOwl]

We live on a new build, the neighbours want to extend their garden into a patch of wasteland, we have to do so too for it to not look obvious. Land is managed by a big company. Currently it’s just wasteland by a hedge and will always remain so.
If we do move the fence the garden will obviously be bigger than what the deeds show, which is fine now, but when we come to sell this will be an issue won’t it? We’ll either have to shrink the garden or we’re not going to be able to sell.

I wouldn't do this. It's not your land. It will bite you in the arse.

I mean it will come back to bite you. Why would you invite legal problems

So you want to take land that isn't yours? Why are you following along with your neighbour?

This makes no sense, you can’t just move your fence onto land that isn’t yours to get a bigger garden

You can't just help yourself to land that belongs to neither you or your neighbours. That'd be a legal nightmare.

Have you approached the management company to see if they'd sell it?

You can’t do this you berk.

It’s theft.

Nope!

DH has just wasted 2 working days, 3 men, where someone has done similar. The 'wasteland' in that case was utilities land and DH and his team arrived to build and found a summer house and trampoline where he wanted to dig a few foundation holes.

Contact the developer and ask...

No developer has 'wasteland that will always be wasteland'.

Either approach it properly or forget about it. You are inviting a whole host of legal issues upon your heads.

Find out who owns it then ask to buy it , land isn't just wasteland it's always owned by someone

You absolutely cannot do this. It’s theft.

Why do you "have" to do it because the neighbours are?

Isn't it a wildlife corridor?

So your neighbours want you to appropriate land you don't own to cover up the fact that they are appropriating land that they dont own?

I'm not sure why on Earth you would do this unless the real reason is nothing to do with your neighbours actions and really that you just want a bigger garden?

If so, look into buying the land.

I am actually truly blown away that anyone thinks this is a good idea.

OP.- you are mad. And your neighbours are also. Do you not think the rightful owners will take the theft of their property very seriously?

I dont understand how you think any part of your plan is acceptable?

Im sure the land has uses that you are completely oblivious to (wildlife corrider, untilities access, possible issues with developing, subsiding etc) that makes your plan completely ridiculous.

My elderly neighbour is in a home and his garden is going to waste do you think I should just take the fence down to make my garden twice the size so that I've room for the kids to play and have a veg patch

And in answer to your question, it will come up when you sell.

We bought some or next doors garden but never got around to changing the deeds. When we came to sell we needed a whole bunch of documents signed by next door to verify it all for sale.

It was a massive pain and that was with the cooperation of a friendly neighbour that had agreed to the sale of the land.

I think you'll find that's a wildlife corridor. You can't just take it.

To be fair to the OP, she has at least considered that this might not be a good idea. Perhaps she didn’t understand that it’s fully properly illegal not just a little fudge. So, as gently as possible: OP, well done for venturing the question, hopefully the answers help make the right decision!

I think this is actually more common than the comments above imply. We are currently having issues with neighbours at the back starting to take over a communal lane. We are the only ones who need to drive up the lane and have to remind them that we need turning room etc.. It is really stressful and when I asked the local councillor he said it could be a costly legal fight. So I don’t think it is morally right but I do think it is possible.

The 'wasteland' will be a wildlife corridor. Deliberately left so that the wildlife have somewhere to go that isn't built on.

I would imagine a dim view would be taken if anyone tried to fence it in or landscape it as that is exactly what isn't supposed to be happening to it.

I dont think you will be able to help yourself to a parcel of land! As others say its possibly a wildlife corridor or anyway will belong to someone somewhere! Do Not Do This OP!

This happened on an estate that was built in 1976 and I moved into as a new build. It didn't affect me as my garden didn't back on to the wasteland. Two people incorporated the land into their gardens, making them huge. Nothing happened and after a period of some years they were able to claim the land. It's worth a punt, if you don't mind if you have to put the fence back. Just don't erect sheds etc. Use it for plants which you don't mind losing.

You can do this, and lots of People do. In the past we bought a house which had incorporated waste land. For the sale the previous owners put up a very cheap piece of fencing and we bought the original plot and then removed the cheap bit of fencing and used the 'stolen' land. We then sold to a developer but were in the process of trying to register it as our s.

@VerityWibbleWobble

You can't just help yourself to land that belongs to neither you or your neighbours. That'd be a legal nightmare.

Have you approached the management company to see if they'd sell it?

You can actually. If no-one objects within 12 years, you can apply to add it to your deeds.

Obviously the OP shouldn't do this if it's a wildlife corridor, but if it genuinely is waste ground, which it could well be, I don't see the issue, apart from it might cause problems during a sale, but they could always put a fence back should they do this.