help - land registry boundary different from garden boundary!

[Evecob]

Hi all,

We are in the middle of purchasing another property.
Our solicitor has received the contract pack from our seller, and the land registry forms (title plan etc), and the boundary on the land registry is different to the garden fence boundary.

I have linked the boundary on here as shown on the land registry, and drawn where the fence actually is (the crude red lines) as we saw it upon viewing and on google maps...

It's an enquiry our solicitor has now asked the sellers solicitor but im a bit worried this might cause major delays in getting to exchange!

Is something like this common and easy to resolve?

Thanks

Hi OP, hopefully there's a second title for the extra bit. Assuming that having the strip is something which definitely want,
it's a question I'd call the agents about in the morning so that they can get the sellers's sols to answer asap rather than wait for him to wade through pages of less important enquiries.

You can do an index map search at the Land Registry yourself but it will be much quicker for the agent to ask direct on your behalf.

It is not common on modern properties. Don't assume it can be easily or quickly sorted out either - Land Registry had a huge backlog of work but not sure what their current timescales are. Make sure you do all the enquiries and don't proceed until it's all sorted unless you are happy to lose that bit.

what I would say is - are you happy with the house with the slightly smaller garden?
Becuase if the answer is yes, then you can procede with the sale, and sort it afterwards. You could ask for a few hundred off the price ot cover legal cost of sorting it afterwards. You woudl also need a detailed affidavit form the sellers to say what the fence was and when it was put up and if it was there when they bought etc etc.

and I know plenty of people will just move the fence.
two cases near me, on there used toeb a alley running behind the houses, but it became disused when something else was built blocking one end. Most houses along the alley have moved their fences. Only the last 2 haven't. So it is dead ground surrounded by garden fences!

the other one is a house next to a green bit of public space. They converted their garage and then moved the fence so that the gap down the side of the garage became a path width. It is easy to see, theri fence sticks over the green space more, but it all looks so official, and it is probably less than a metre, so the difference on a mop is tiny.

@steppemum

what I would say is - are you happy with the house with the slightly smaller garden? Becuase if the answer is yes, then you can procede with the sale, and sort it afterwards. You could ask for a few hundred off the price ot cover legal cost of sorting it afterwards. You woudl also need a detailed affidavit form the sellers to say what the fence was and when it was put up and if it was there when they bought etc etc.

Honestly I wouldn't be happy with the smaller garden. It was a big reason for choosing this house, though of course not the only reason.

Im.not sure I understand how they could make the garden smaller to reflect the land registry, as it would not benefit anyone. Are you saying this is what could happen if the land registry find the garden should be smaller?

@Tereseta

You can order the original transfer of part deed which will have the plan the developers submitted. If it is land registry error it should be sorted pretty fast if not it might take a bit more investigating.

We did receive the transfer from our solicitor already. It shows the gardens aligning perfectly which is what seems to be the case on google maps currently.

I have attached it.

It does look like theres a strip on the transfer that isn't there on google maps though. So it looks like the developer decided to enlarge everyones garden i think?

both the deeds and transfer look wrong ...