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Beviss and Beckingsale
Katrina Short

Selling a property with boundary discrepancies

Posted by Katrina Short on September 26th 2019 in MOVING HOUSE .

When selling a property, it is important to establish at the offset if the Land Registry title plan, or title deeds of the property is unregistered, corresponds accurately with the physical nature of the property and thereby sufficiently records the extent of land to be sold.

It can sometimes be the case, especially if you have lived at the property for a long period of time, that the boundaries to the property have moved or shifted slightly over time. This can be for a variety of reasons and it may simply be the case that when boundary fences where replaced, the new panels were erected in slightly the wrong place. Furthermore, encroachment can take place if hedges form the boundary line.

If the physical and legal boundaries do not match, and there is no dispute with the adjoining property owner, then it may be possible to move the physical boundary structure, so it accords with the title plan.

Sometimes, however, this is not possible because of the layout or subsequent works that have taken place such as there being an outbuilding by the boundary line.

In this instance, again if there is no dispute, then the parties can agree to legally transfer the required parcel of land through a transfer of part so that the title plan and physical boundaries match. This would involve, usually, instructing surveyors to draw up an appropriate plan and then engaging solicitors to carry out the legal drafting and submission to the Land Registry.

If you are transferring land out of your title to another owner and your property has a mortgage over your property, then this will need to be done with lender consent or alternatively, if you are selling, completed on the same day as the sale to your house, provided it is made clear to your purchasers the extent of the property they are purchasing.

It is important to remember that the title plan is used to back up the property description on the title and its purpose is to show the general extent of the property being purchased and not the exact boundary lines.

If you would like to discuss this issue further, please contact the writer Katrina Short on 01404 548050 or email katrina.short@bevissandbeckingsale.co.uk