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Thread: Land boundary change

  1. #1

    Land boundary change

    We have a shared drive with our neighbour which we want to eradicate and put a fence down the middle. The neighbour has agreed if I pay for everything.
    I've Rang a few solicitors which have said they can sort the legal side of things but one of them said that if both of us neighbours are in agreement to just put it up and anything that needs to be amended would be done if one of us sell.

    I was wondering whether to do a 'boundry agreement' which is suggested here https://www.gov.uk/your-property-bou...ment-neighbour

    Anyone have any experience with this?

  2. #2
    Grand Master oldoakknives's Avatar
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    I would want something in writing that was legally binding. These things have a habit of coming back to bite you later in my experience, especially if one of you sells their property!
    Fast is fine, but accuracy is everything.

  3. #3
    Craftsman
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    Quote Originally Posted by oldoakknives View Post
    I would want something in writing that was legally binding. These things have a habit of coming back to bite you later in my experience, especially if one of you sells their property!

    agreed with the above,

    Neighbour wants to move and his only offer has a american pickup or other wide thing, said would be no good.

  4. #4
    Master
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    Thirded. Go to a solicitor, and get the change made legally via Land Registry.

    Your neighbour will also need a solicitor, and the mortgagee (if applicable) will also be required to agree to the new boundary.

  5. #5
    Quote Originally Posted by demonloop View Post
    Thirded. Go to a solicitor, and get the change made legally via Land Registry.

    Your neighbour will also need a solicitor, and the mortgagee (if applicable) will also be required to agree to the new boundary.
    Would there ever be a disagreement from the mortgage lender? We have one but the neighbour does not.

    Would the boundary agreement signed by both parties not have any clout?

  6. #6
    Master Maysie's Avatar
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    Quote Originally Posted by sprite1275 View Post
    Would there ever be a disagreement from the mortgage lender? We have one but the neighbour does not.

    Would the boundary agreement signed by both parties not have any clout?
    I have just been through this whole process.

    110% just get a solicitor to sort it out, including the deed of access (or whatever formal arrangement you have in place to suit the current arrangement) with the Land Registry, if not it WILL come back and bite you at some stage later.

    If either property is mortgaged, the lender will also need to have a statement from your solicitor (who must be on the lenders 'approved solicitors' list) to state that the changes will not negatively affect the value of the property on which the loan is secured.

    This is not something to save a few pounds on by trying to do it yourself.

  7. #7
    Journeyman
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    Quote Originally Posted by Maysie View Post
    I have just been through this whole process.

    110% just get a solicitor to sort it out, including the deed of access (or whatever formal arrangement you have in place to suit the current arrangement) with the Land Registry, if not it WILL come back and bite you at some stage later.

    If either property is mortgaged, the lender will also need to have a statement from your solicitor (who must be on the lenders 'approved solicitors' list) to state that the changes will not negatively affect the value of the property on which the loan is secured.

    This is not something to save a few pounds on by trying to do it yourself.
    Just to add, it may be advisable that your neighbour seeks his own independent advice incase of any future repercussions........ He can't play the "i was not advertised" card.

    Sent from my CLT-L09 using Tapatalk

  8. #8
    Grand Master oldoakknives's Avatar
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    Quote Originally Posted by sprite1275 View Post
    Would there ever be a disagreement from the mortgage lender? We have one but the neighbour does not.

    Would the boundary agreement signed by both parties not have any clout?
    If you take that course I wish you luck.
    You may regret it when you come to sell. Especially if the neighbor moves before you.
    Fast is fine, but accuracy is everything.

  9. #9
    Ok thanks everyone.

    I shall go through the right routes.

  10. #10
    as others have said use a lawyer:-

    1. you will need a LR form TP1 with a "Land Registry compliant plan" (you may need that professionally drawn up) - guidance is on their website but it will need a Northing point and scale
    2. make sure rights of way that may exist over each others' drive are extinguished
    3. consent from lenders provided

    the whole job may cost you between 500 - 850 I would have thought, but is fiddly as a few parties to co-ordinate. But by the time you come to sell the clarity of the position with the title at the Land Registry being aligned with the physical situation on the ground will be valuable.

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