Neighbours made driveway over new home’s boundary.

[BraOffPjsOn]

So we’re buying a house and have received the boundary doc.
It shows very clearly where our land would be and we also brought the neighbouring plot’s boundary doc.
When we were there and from Google satellite view you can clearly see they’ve taken a chunk of ‘our’ land to make themselves a driveway (without it they only have a tiny path to their house and no space for a driveway). The solicitor is not giving much advice but I am pushing.

what would others do/suggest?

I think it will definitely be a case of verbal permission between friendly neighbours.
They needed the extra bit and previous owner didn’t need the land in question perhaps?
If you are happy to go ahead and don’t want to cause issues with new potential neighbours, you could renegotiate (or not), and get the land reg plans updated. I’d say at a minimum request that the plans are updated to show the new boundaries (this will stop it being an issue if you ever sell). I work as an estate agent and have seen this before.

just not sure why your solicitor hasn’t advised you of this!

I mean hopefully we’ll be there forever as it’s big enough as the kids get bigger but not so massive we couldn’t be there in retirement. But do I want to put my kids through hassle if the neighbours haven’t sold before us!

Ok, different view here: how inconvenienced are you by this? If it is going to be a PITA, walk away: but if it’s a matter of principle, do you care?

Surely this is something you get the vendor to sort out before exchange. Had a similar issue selling my parents house, they hadn’t taken anyone else’s land but there was a dispute over who was responsible for the land in front of their property and we had to have it all sorted legally before exchange. It was our responsibility as vendor.

Sorry - didn’t proof read! I mean it doesn’t look like the driveway is on land belonging to the house you want to buy.

hope is all very well. Me I'd want to be sure.

We had a similar type of issue when we bought our house, except we had a bit of the neighbours land (with the permission of the neighbours). Our solicitors insisted they updated the land registry before the purchase went ahead. No payments involved but the sellers paid to amend the land registry.

I mean it’s not the end of the world. Going to go and look at it in person over the weekend and see it properly.
In reality it might only be an issue in real life if we say wanted a giant driveway when the kids are driving and we have loads of cars. So we weren’t thinking of pulling out until I put it on here!

I would be looking to change solicitors for a start. Sorting stuff like this out is literally what you are paying them for!

I’m not totally convinced they actually have? You might need to go and actually measure, like with a tape measure if you want to be sure…

I agree with this. It looks like their driveway is within the green line which would be their boundary.

If it’s done with permission that stops them
claiming adverse possession (you must use the land “as of right” rather than by stealth, or with permission). Worth getting the vendor to answer some more detailed questions on this. If it was with permission, and you are happy with the arrangement, then get it regularised with the neighbour paying legal fees (ideally before completion).

Also an issue if you are buying with a mortgage - lender likely to be unhappy.

Agree with PP, I can’t see how it’s on your land at all. Can you draw onto the google maps image where you think your boundary should be?

Yes I also think the drive on the google images matches the boundary on the plan. Are you sure you’ve interpreted the plans correctly? Or have we all misinterpreted?

If you are happy with is as it stands in real life, then maybe go and have a cup of tea with the neighbours and ask them to fix the issue between the legal and physical boundaries... if they seem like reasonable people and are willing to absorb the costs and make a payment to the current legal owners.. you could go with it.. if they defend their position / refuse / are in any way awkward.. run... they will not be good neighbours

Do the plans have a scale? What you say is a narrow path on the plans looks to be wider than the road marked on the plans so could quite easily be a driveway?

No annoyingly not. Which seems ridiculous as that would help so much.

Some of them look like the neighbour should have a small fork shape around the very corner into their neighbour and our neighbours sides and that’s all. That’s why I’ve thought they must have chopped into ours.
I feel like it would be easier if I’m wrong.

Depending on how long the neighbours have used this land, they may be able to claim squatters rights.

Had it happen myself building a house. My site is about 1.5 meters short in width, as 15+ years ago, the previous neighbours put up a fence, and my dad never objected. They then sold up and new people moved in. Then I built.

Solicitor said I could fight to get that strip back or just leave it. I just left it. Not even sure current neighbours are aware. They mow that piece!

But, personally, I wouldn't go through with the sale if it's not something ironed out by the current owner. Especially if you feel it's something that will annoy you.

Op it’s your solicitor job to sort out these type issues maybe the neighbours have took advantage of it being empty and can tell you it’s their land when you move in. Op you don’t need to pull out but you will be moving into a house with cheeky neighbours who could make life miserable for you. Best to get things sorted now before you move in or you just accept the cheeky fickers can do what they want to your land.

Agree with soontobe60 that it doesn't look like most of it is on your land at all. And that the front garden from the edge of their driveway across the front of your drive looks like it is currently "your" garden, but on the deeds the bit of it square with where the pavement ends in front of their house up to their house should be theirs. Maybe it was an agreed exchange as a sort of quid pro quo for the driveway square footage?

It doesn't look to me like they have? Just that they've added a bit of path along the front of their house. Can you zoom out a little on Google maps so it shows the whole 2 houses as its really hard to tell the scale with it zoomed in that far.

But if the rectangle in front of no 8 was always a driveway then the neighbour's drive is the same width both on the ground and on the plan as no 8's.

Maybe - I hadn’t looked at it like that - it’s so hard to tell as there’s no markers at all. I assumed they’d also be using that grass bit as theirs.

I hadn’t thought it was such a big deal until I came on here. I definitely do not want bad relations with the neighbours immediately. What I need to know is if it’s definitely theirs or not and if any agreements were made and if it can be rectified as I just don’t want it to come back and bite us one day.

@BraOffPjsOnif knowing that there is potential boundary encroachment doesn't change your feelings about the house then it shouldn't be a deal breaker.
If the driveway has been there more than 10 years, regardless of permission or not it's pretty much pointless to challenge.
If less than 10 years, a price reduction to reflect the loss of amenity might
be reasonable.
In either case I would make amending the land registry records for both properties the responsibility of the seller's solicitor at their cost. Might delay your purchase but you don't want the grief if you need to sell. Boundary disputes are notoriously difficult to resolve.and expensive.

Does this help?