Adverse Possession

[Hyper]

Hi,

Just after a bit of advice as we find ourselves in a very tricky situation regarding our house sale and the title plan. As we reach the point of completion our buyers solicitor has pointed out the title plan does not match the land at the rear of the property. This is something we were not aware of when purchasing the property 6 years ago and it turns out the section of land in question was required for access to the rear of the property.

See below an outline of the current title plans between myself (22) and each neighbour;

Now see below the actual boundaries in place;

When I purchased the property there was an outbuilding with steps down the side which were required for access to the property, highlighted below;

Its this section of land which is causing the problem as it is not reflected in my title plan.

Our buyers will not proceed until this is rectified but after several discussions with our neighbours and an offer to cover all legal costs and compensation of £1000 they are still unwilling to cooperate.

They have been to see a solicitor who has told them to do nothing so we are faced with having to pursue an adverse possession claim with the land registry.

Just wondered if you guys have any advice or experience regarding this before we start proceedings.

Thanks, Sam.

 

[Hyper]

Have you asked your solicitor if an indemnity insurance policy could be taken out to cover this?

Yes this is something that was offered to our buyers but they refused and said they want the matter resolved.

 

[Hyper]

It was knocked down a few years after I purchased the property to create a driveway but is still documented from street view in 2009.

The original boundary wall still stands.

 

[Hyper]

Thats our neighbours issue because the boundary between themselves and number 20 isn't correct either on their plans so they just don't want to know.

I was under the impression because the land was registered to my neighbour I would have to pursue adverse possession for the plans to be adjusted.

 

[Hyper]

Looking at the original deeds from the coal board when the house was purchased from them in 1973 they are so small and unclear. Its no wonder mistakes have been made but I doubt the LR will take the blame.

Any updates will follow.