Purchasing house… boundary issues!

[HRR107]

We are in the process of buying our dream forever home. We have run in to a couple of snags and we aren’t far from exchange. Things have got a bit muddled in translation so this is only just flagging up now.

Basically the house we are buying is on a plot that used to be very large and was split in to two. The other part of the land got sold off around 15 years ago. When they sold the land, the title was split in to two different colour sections. When I examined the title plan, I could see that an outbuilding that the sellers told us is the neighbours, is actually sitting on our land and taking up quite a bit of room on our driveway, which is small to begin with. So we could really use that extra land. We went for a second viewing and they told us that this had been an error when plans were drawn and they are arranging for a transfer over to the neighbours for it to be changed to their land. They worded it as if it was a done thing and we didn’t really have a say. That was that. We wasn’t too pleased but really want the house so swallowed it. Now we have been sent the revised plans to agree to and they are now trying to add a walkway alongside the outhouse within our boundary so they can access the gate next to it. All I really want to know is, can we dispute this transfer of land or do we not get a say?

There is more however! In the title it shows that they have right of way onto our land to another gate that leads to their garden, whenever they want. We were planning to put up a security gate with intercom and we believe we now won’t be able to do that as we would be hindering their access? We have spoken to the estate agent to ask the sellers if they would be willing to change this, but they aren’t willing to and apparently our solicitor can’t do anything unless they agree?

Pushing the boundary back isn’t an option as the driveway is tiny already. I don’t know if I should fight this or just allow it? I don’t want to start on a horrible note with the neighbours but at the same time the sellers seem to be allowing everything the neighbours want, and we aren’t happy with this. What to do in this situation?!

Thank you to anyone who has any advice on this kind of thing 😊

The right of way you can’t change without their agreement. You can’t prevent their access to it.
The rest you need to throw this issue back at your solicitor. How long ago was the land split? Had the house been using the outbuildings for years or have the neighbours? If they have and it was an error in the original copy then I doubt you can do anything, but the new access is say is not right if it’s in your land - they can arbitrarily start changing things (well they can if they both agree but it will affect the value of the property I would have thought).

Will it still be your dream house if they have that right of way as you mentioned above ? Another angle to look at it

I'd pull out, these issues are a deal breaker and potentially issues in the future too.

It doesn't sound like the house for you.

You haven't even bought it yet and you're already in disagreement with neighbours regarding the existing boundaries. That really isn't a good start.

All I really want to know is, can we dispute this transfer of land or do we not have a say.

>> no, it has nothing to do with you, you don’t own it! Tough, this is what the owners want.

As for the EXISTING access, of course that won’t change this, they can’t!

It’s not the house for you OP

I’d pull out

This would be too much for me to swallow personally. If I did accept it I just know it would eat me to the point of spoiling my dream.

Whilst it is still their property they can do as they wish, your only input is to say you won’t buy the house if they do X. In reality you are not going to “get back” the land with the buildings on or the existing right of way, that ship sailed long ago and they are no just fixing a drawing error before they sell ( which is very common).

In terms of the new proposed strip of land you can say you won’t buy the house if they do it, or try and reduce the price if you really want it,but you have to be prepared to walk away. Also worth considering that the neighbours may refuse to sort out the revised plan without the extra stip of land for the path, and then you are in a position of either walking away or taking it with the known plan issue and you have the issue of sorting it after completion with an already pissed off neighbour.

If this was very important to me I wouldn’t buy it as it’s a path to conflict and I don’t want that around my home.

I'd walk away

As others have said, you have absolutely no say in this as the house doesn’t belong to you. So your choice is to accept what the final agreement will be and ask for a price reduction, or walk away.
Regarding the side gate, just put a key code lock on it and share the code with the neighbour - my DM had this with a shared access point and it worked very well. I can’t visualise the other issue so can’t comment- but would love to see a drawing!!!

I would pull out. I wouldn’t want anyone crossing my property or telling me what I could and couldn’t do with it.

Walk away, you're not going to be buying what you thought was on the table...

I’d walk away. I wouldn’t want someone to have access through my land.

Thank you all! We are going to have a discussion about it tonight and see if we’re happy to continue now we know we basically have to push our boundary right back. Does anyone have any experience with going back and renegotiating on price? What was your experience if so?

Run! run away as fast as you can.

this is NOT your dream house.

this house has been misrepresented by the vendor (you may wish to take legal action to recover your costs)

do not buy this house, it will be unsellable in future as is not worth the price for which it was falsely advertised.

the vendors are dishonest, really disgraceful.

best of luck finding a better property.

Wrong thread, sorry!

But having read your OP: unfortunately it's not yours yet and the seller can agree whatever they want with the neighbours. The whole thing sounds insanely overcomplicated to me. I'd withdraw now.

Massive red flags!!!! This will only be the first lot of issues you’ll have with the neighbours - there will be lots of other things they have “forgotten” to mention or add and once you’ve bought the house they will carry on using your driveway/garden/whatever whether it’s legal or not because that’s how they always did it - RUN!!!

You don't get a say but you do get to decide if you still want to buy the house after all the boundary shenanigans have been settled.

I'm sorry to say you are very far from exchange.

Until the boundary issue is decided and Land Registry have updated the title/title plans, there will be no exchange. It would be too risky for you/your solicitor to exchange because then the seller's problem becomes your problem.

As others have said, this is an issue for the seller and his neighbour to decide. You have no say in what the outcome is, your options are to wait until everything is sorted out or pull out. Of course, you could renegogiate the price, but that won't make this transaction any quicker. In the meantime, your mortgage (if you are getting one) is likely to expire as this will be months before any resolution is reached.

I think you know what you have to do.

Mostly houses don't have these problems. Why buy one that has?

Find a different house.

I'd pull out. Right of way over my land is a deal-breaker for me. Too many uncertainties - especially when the neighbours have already proved difficult.