Bit of field belongs to my site?

eamon11

Hi All,

I am selling house and buyer has correctly discovered that a little of field behind my house belongs to my site. An area 6 feet by 40. Probably been that way for 30 years.He wants this included and for me to correct boundary.
Original field owner passed away a few years back and son has no interest and the land is rented to a long term tenant. But son is a bit flighty and not so approachable.
Maps show the section as mine. If I fence it off now, even if I let him know, am I breaking the law?

Thanks in advance.

Rackstar

Are you sure it’s yours? There are lots of anomalies on those maps.

patsy_mccabe

Adverse possession. After 30 years, other guy owns it. Are the maps correct?

Odelay

eamon11 wrote: »

Hi All,

I am selling house and buyer has correctly discovered that a little of field behind my house belongs to my site. An area 6 feet by 40. Probably been that way for 30 years.He wants this included and for me to correct boundary.
Original field owner passed away a few years back and son has no interest and the land is rented to a long term tenant. But son is a bit flighty and not so approachable.
Maps show the section as mine. If I fence it off now, even if I let him know, am I breaking the law?

Thanks in advance.

Talk to you agent and solicitor. Only they can answer this.

Mooooo

Check with your solicitor handling the sale the correct approach. It's likely the buyers bank won't release the finance until boundary and maps are correct.

eamon11

am 100% sure it's mine. Wheather adverse possession or not at the moment it's still legally mine. If he wants ownership he must apply to have it registered in him name. It's still showing as part of my site.

Rackstar

eamon11 wrote: »

am 100% sure it's mine. Wheather adverse possession or not at the moment it's still legally mine. If he wants ownership he must apply to have it registered in him name. It's still showing as part of my site.

How can you be 100% sure it yours if it’s just been discovered by the buyer?

Ronin247

Depending on a couple of things. The land could have been claimed by adverse possession by the farmer if he had exclusive use of it for something like 12 years. If he died and the land passed on to his son, the son would have to wait 12 years afaik until he could claim adverse possession.

Do you know when the son became the owner??

Aravo

Who says the boundary is incorrect. From PRAI FAQ. I have a dispute with my neighbour over where the boundary lies. Can you tell me who is right? No. The Land Registry map is an index map and identifies property, not boundaries. Therefore, we are not in a position to advise.

eamon11

for all of those doubting and judging please refrain from doing so. This has already been established beyond all doubt that the boundary is wrong. If it wasn't I wouldn't be posting here. There is no dispute. It's a simple fact.The issue now is what to do in order to complete house sale. Solicitor not sure either way how to proceed as every option may delay or impede sale. At this stage if he wants it he can claim it, but still the boundary is wrong untill land registry puts in his name.

Mooooo

eamon11 wrote: »

for all of those doubting and judging please refrain from doing so. This has already been established beyond all doubt that the boundary is wrong. If it wasn't I wouldn't be posting here. There is no dispute. It's a simple fact.The issue now is what to do in order to complete house sale. Solicitor not sure either way how to proceed as every option may delay or impede sale. At this stage if he wants it he can claim it, but still the boundary is wrong untill land registry puts in his name.

We bought land next door seller had houses built on it one of the boundaries was wrong bank wouldn't release money until it was rectified. Straight forward in our case as same person owned both parcels but it may be the case that if you don't sort it the potential buyer will not be able to draw down funds if he is getting a mortgage as bank don't want any issues such as this

Bullocks

eamon11 wrote: »

for all of those doubting and judging please refrain from doing so. This has already been established beyond all doubt that the boundary is wrong. If it wasn't I wouldn't be posting here. There is no dispute. It's a simple fact.The issue now is what to do in order to complete house sale. Solicitor not sure either way how to proceed as every option may delay or impede sale. At this stage if he wants it he can claim it, but still the boundary is wrong untill land registry puts in his name.

If its that simple I don't know why the solicitor isn't sure how to proceed .
I would be pushing the sale and let the buyer sort out the extra bit if he wants it , it mightnt be right but something like this can really drag out the sale , cost you money to sort and might even affect the sale price to get it over the line .

secman

eamon11 wrote: »

for all of those doubting and judging please refrain from doing so. This has already been established beyond all doubt that the boundary is wrong. If it wasn't I wouldn't be posting here. There is no dispute. It's a simple fact.The issue now is what to do in order to complete house sale. Solicitor not sure either way how to proceed as every option may delay or impede sale. At this stage if he wants it he can claim it, but still the boundary is wrong untill land registry puts in his name.

If what you say is true... fence it off to reflect correct boundary !

Bullocks

secman wrote: »

If what you say is true... fence it off to reflect correct boundary !

I bet there will be fun when the fence posts go down

Base price

eamon11 wrote: »

for all of those doubting and judging please refrain from doing so. This has already been established beyond all doubt that the boundary is wrong. If it wasn't I wouldn't be posting here. There is no dispute. It's a simple fact.The issue now is what to do in order to complete house sale. Solicitor not sure either way how to proceed as every option may delay or impede sale. At this stage if he wants it he can claim it, but still the boundary is wrong untill land registry puts in his name.

If there is no dispute then what is the problem. In your own words you state "An area 6 feet by 40. Probably been that way for 30 years" and as others have stated a probable case for adverse possession - "the land is rented to a long term tenant"
As an aside did you purchase or inherit this house/land.

patsy_mccabe

Bollocks OP. You ask us in the first post if you are breaking the law by fencing the section off. If your solicitor can't answer that, how can we. Land boundaries according to maps are notoriously wrong. I've had to deal with 2 seperate cases here on our farm the last few years. Maps were way off compared to the actual bounderies.

Bullocks

patsy_mccabe wrote: »

Bollocks OP. You ask us in the first post if you are breaking the law by fencing the section off. If your solicitor can't answer that, how can we. Land boundaries according to maps are notoriously wrong. I've had to deal with 2 seperate cases here on our farm the last few years. Maps were way off compared to the actual bounderies.

I know where you're coming from Patsy , its torture trying to sort it .

ganmo

Op your question is about law, talk to your solicitor!

Failing that...the legal discussion forum is worth a shot

the_syco

eamon11 wrote: »

He wants this included and for me to correct boundary.

TBH, if the sale falls through, I'd wonder if it'd be easier to "gift" the land to the son, and have the map say the same?

Also, check if the buyer actually wants the land, or just wants it sorted? If the latter, ask your lawyer if you can gift the land to fix the issue?

Finally, could the tract of land have once been part of a road?

Rackstar

Hmm solicitor can’t say if you’ll be breaking the law and doesn’t know what to do.

Bass Reeves

It is hard to see how the maps could be wrong. A Op says a bit of the field behind my house belongs to the site. Get an engineer to check map and to measure it. Call to the flighty one and explain the situation to him. Then fence it off. Unless he owns it 12 years he cannot claim adverse possession. If he dose he can. It is a mess no easy way to resolve it. As OP says buyers want it but is not interested in he dirty work.

Rackstar

Bass Reeves wrote: »

It is hard to see how the maps could be wrong. A Op says a bit of the field behind my house belongs to the site. Get an engineer to check map and to measure it. Call to the flighty one and explain the situation to him. Then fence it off. Unless he owns it 12 years he cannot claim adverse possession. If he dose he can. It is a mess no easy way to resolve it. As OP says buyers want it but is not interested in he dirty work.

The digital maps are littered with mistakes and anamolies. This is a result of there digitisation in 05

Metric Tensor

The maps are frequently wrong - so much so that the land registry specifically say that the lines on the maps should not be treated as proof of ownership.

1. If there is no dispute between you and your neighbour that the map reflects the owmership correctly then it's only a matter of moving the fence on the ground. Your neighbour won't dispute it because he agrees you own it.

2. If you and your neighbour both agree that you don't actually own it and the map is wrong you need an engineer/surveyor to prepare a map so your solicitor can prepare a deed of rectification to adjust the land registry maps to match the existing agreed boundaries on the ground.

3. If there is a dispute as to ownership (i.e. you and your neighbour disagree over who owns that parcel of land) then get your solicitor to write to your neighbour informing him of your intent to fence in the portion you believe you own, let his solicitor write back and continue to escalate the situation until you strike a deal on the courthouse steps or a judge makes the decision for you. This entire process will take a number of years.


If you are selling the house I strongly recommend 1 or 2 depending on what your neighbour believes he owns.

Good loser

the_syco wrote: »

TBH, if the sale falls through, I'd wonder if it'd be easier to "gift" the land to the son, and have the map say the same?

Also, check if the buyer actually wants the land, or just wants it sorted? If the latter, ask your lawyer if you can gift the land to fix the issue?

Finally, could the tract of land have once been part of a road?

The buyer - it appears - was prepared to buy the property for a price without the strip.

The simplest thing then would be to tell the buyer that he is not entitled to the strip and that you will get the Land Registry to align their property boundary with the existing fence; to do this make an application to them on basis of 'correction of boundary' - there will be no tax implication for you in this even though you might be 'gifting ' the strip to your neighbour.

patsy_mccabe

Metric Tensor wrote: »

The maps are frequently wrong - so much so that the land registry specifically say that the lines on the maps should not be treated as proof of ownership.

1. If there is no dispute between you and your neighbour that the map reflects the owmership correctly then it's only a matter of moving the fence on the ground. Your neighbour won't dispute it because he agrees you own it.

2. If you and your neighbour both agree that you don't actually own it and the map is wrong you need an engineer/surveyor to prepare a map so your solicitor can prepare a deed of rectification to adjust the land registry maps to match the existing agreed boundaries on the ground.

3. If there is a dispute as to ownership (i.e. you and your neighbour disagree over who owns that parcel of land) then get your solicitor to write to your neighbour informing him of your intent to fence in the portion you believe you own, let his solicitor write back and continue to escalate the situation until you strike a deal on the courthouse steps or a judge makes the decision for you. This entire process will take a number of years.


If you are selling the house I strongly recommend 1 or 2 depending on what your neighbour believes he owns.

+1

This is exactly what you should do. I would not go fencing off the area without the consent of the other land ownder. Believe me, this is now things escalete very quickly.....to shotguns and the guards getting involved.

I was in a similar situation a couple of years back. I bought a triangular shaped field with about a 1/3 of an acre, the tip of the field seperated by a deep trench of water. All the maps back along showed the tip as part of the field. The seller of the field was unaware of this and he was in his 70's and farmed the land all his life. What I think happened was the Board Of Works (now the OPW) put the trench there , maybe over 100 years ago and the next door neighbours started to graze the cut off 1/3 acre.
My solicitor was of no help to me either. I decided to approach the guy grazing it. I was lucky to get out of the place alive. He got right thick with me. Squatters rights were mentioned. For a finish, I left it to him and got the maps updated accordingly.

Keep it simple. The legal professionals love ambiguity. It's how they make their living.

Attie

patsy_mccabe wrote: »

Metric Tensor wrote: »

The maps are frequently wrong - so much so that the land registry specifically say that the lines on the maps should not be treated as proof of ownership.

1. If there is no dispute between you and your neighbour that the map reflects the owmership correctly then it's only a matter of moving the fence on the ground. Your neighbour won't dispute it because he agrees you own it.

2. If you and your neighbour both agree that you don't actually own it and the map is wrong you need an engineer/surveyor to prepare a map so your solicitor can prepare a deed of rectification to adjust the land registry maps to match the existing agreed boundaries on the ground.

3. If there is a dispute as to ownership (i.e. you and your neighbour disagree over who owns that parcel of land) then get your solicitor to write to your neighbour informing him of your intent to fence in the portion you believe you own, let his solicitor write back and continue to escalate the situation until you strike a deal on the courthouse steps or a judge makes the decision for you. This entire process will take a number of years.


If you are selling the house I strongly recommend 1 or 2 depending on what your neighbour believes he owns.

+1

This is exactly what you should do. I would not go fencing off the area without the consent of the other land ownder. Believe me, this is now things escalete very quickly.....to shotguns and the guards getting involved.

I was in a similar situation a couple of years back. I bought a triangular shaped field with about a 1/3 of an acre, the tip of the field seperated by a deep trench of water. All the maps back along showed the tip as part of the field. The seller of the field was unaware of this and he was in his 70's and farmed the land all his life. What I think happened was the Board Of Works (now the OPW) put the trench there , maybe over 100 years ago and the next door neighbours started to graze the cut off 1/3 acre.
My solicitor was of no help to me either. I decided to approach the guy grazing it. I was lucky to get out of the place alive. He got right thick with me. Squatters rights were mentioned. For a finish, I left it to him and got the maps updated accordingly.

Keep it simple. The legal professionals love ambiguity. It's how they make their living.

Yes two fat geese you pluck one and I'll pluck the other.

Aravo

Was the person buying, only bidding on what they actually saw. This matter has only turned up after price was agreed.

Are we any closer in establishing how is it known what is actually wrong. This is a big point.

This is the gift that keeps on giving for solicitors as it will go on for a long time.

krazyklown

Kind of was in the same situation as your buyer OP. I knew looking at the folio map on land registry website that the physical boundary at one corner of the house we were buying looked wrong. A very small portion looked to be outside the boundary wall. Mentioned it to my solicitor when we were proceeding with the buy. I could tell she didn't really want to know as it was gonna get messy. Her advice was just move the wall after we completed purchase. We were not in a position to delay so we pushed on and completed the sale.
Since then I asked a land registry expert to take a look. The first thing he instructed me to do was get the first 'instrument' when the folio was created from land registry office. This would have the original map and is the closest to a definite answer as we can get. Sure enough the piece outside the wall is part of our folio and technically ours. The guy told me basically the same as the advice here, someone else can claim ownership as the wall has been in place over 30 years. In this instance the piece is part of a wooded area in the estate and potentially no one can claim it as it's ring fenced completely. Getting an engineer to stake out the exact boundary with the intention of fencing it. Nervous about it, I don't want to fall out with anyone but it would be nice to have a bit more space and as far as we know it is legally ours.

Bass Reeves

I think some here are unaware of problems this can cause buyer down the line. In general planning is given on the total site. If boundary's are not per map in 10 or 20 years time then resale is an issue It is not just a matterof OP gifting it to who has access to it at present. He has also to get planning approval for what are the new boundary's of site.

The buyers engineer has to make sure the boundary's are defined as per map and as per planning

alps

Rackstar wrote: »

Hmm solicitor can’t say if you’ll be breaking the law and doesn’t know what to do.

It wouldn't be unusual for a solicitor to be like one of those music boxes that starts playing only after you put in the coin....

maidhc

I’d say by now the land is owned by the farmer. The central idea of “adverse possession” is to give credence to physical boundaries actually.

Tell the buyer the area isn’t included. You either
1) sell the whole area and tell the buyer take it or leave it.
2) sell the actual site area and keep ownership of the disputed area
3) ask the neighbour to sign a deed of rectification to get the paper to reflect the physical
4) risk a court case by putting up a fence on the land you think you own.

I’d recommend 3,1,2,4 in that order. I do this for a living.

Bass Reeves

maidhc wrote: »

I’d say by now the land is owned by the farmer. The central idea of “adverse possession” is to give credence to physical boundaries actually.

Tell the buyer the area isn’t included. You either
1) sell the whole area and tell the buyer take it or leave it.
2) sell the actual site area and keep ownership of the disputed area
3) ask the neighbour to sign a deed of rectification to get the paper to reflect the physical
4) risk a court case by putting up a fence on the land you think you own.

I’d recommend 3,1,2,4 in that order. I do this for a living.

OP has stated that the son of the original owner now owns the land and he has only inherited it only recently. You need 12 years for squatters rights as well he has it rented so IMO he cannot claim adverse possession. IMO buyer will not take it as is and nor may any other buyers either as bank may not give a mortgage.

If he will not fence area he has to reapply for planning to reflect new area. IMO first he should get original maps it was digitalized off, he could also check this from original planning maps with council you can do this online. If maps are correct he should meet with adjcent land owner and explain the situation if he is flighty as OP states and loses the plot notify the guards and tell them the issue. They will state this is a civil matter. Hire an engineer mark the plot as per map if adjacent owner interfears notify the gardai and get his solicitor to write to owner and then fence.

This is not OP's problem. I suspect that OP originally purchased it from owner's father who got it mapped and sold it to him. If it is not am original map issue then it will not be on planning or original map pre digitilization.

It amazed me the way some lads always side with the farmer and cannot see the issue that OP will have if he follow there advice

maidhc

Bass Reeves wrote: »

OP has stated that the son of the original owner now owns the land and he has only inherited it only recently. You need 12 years for squatters rights as well he has it rented so IMO he cannot claim adverse possession. IMO buyer will not take it as is and nor may any other buyers either as bank may not give a mortgage.

12 years yes, but spread across as many "posessors" as you like. A Bank will accept the title if the "site" is within the four corners of the title.

Bass Reeves wrote: »

If he will not fence area he has to reapply for planning to reflect new area. IMO first he should get original maps it was digitalized off, he could also check this from original planning maps with council you can do this online. If maps are correct he should meet with adjcent land owner and explain the situation if he is flighty as OP states and loses the plot notify the guards and tell them the issue. They will state this is a civil matter. Hire an engineer mark the plot as per map if adjacent owner interfears notify the gardai and get his solicitor to write to owner and then fence.

You can't just go moving fences into someone elese land. The only valid point you make is that there could be an issue due to boundary digitization.

If someone did what you are saying to me, I would just get an injunction against them. It would be there for the asking.

Bass Reeves wrote: »

This is not OP's problem. I suspect that OP originally purchased it from owner's father who got it mapped and sold it to him. If it is not am original map issue then it will not be on planning or original map pre digitilization.

It amazed me the way some lads always side with the farmer and cannot see the issue that OP will have if he follow there advice

No, i'm just a solicitor who does a lot of work in this area giving my €0.02.

Bass Reeves

maidhc wrote: »

12 years yes, but spread across as many "posessors" as you like. A Bank will accept the title if the "site" is within the four corners of the title.

If the site is not within the four corners it will not and this is the point I made that was not addressed. From my understanding in an adverse possession case the squatter must claim that he had control of the land for 12 years, carried out improvements and intended to disposses the owner. In this case adjacent land owner cannot claim it as as he has not got possession for 12 years. Now I am not a solicitor but in adverse possession cases it is the one claiming taht has the burden of proof.

maidhc wrote: »

You can't just go moving fences into someone elese land. The only valid point you make is that there could be an issue due to boundary digitization.

If someone did what you are saying to me, I would just get an injunction against them. It would be there for the asking.

I did not advacote fencing without notifying owner however and qualified that it was depending on necessity if in the planning the site was as per site or map. As I said in my last post I expect that this mistake originated in the original mapping or fencing and I also advocated checking original site map for planning which will tell a lot.

An injunction may happen however adjacent land owner and OP will have to resolve thsi issue and legal proceeding's may be part of that but adjacent land owner haan issue as well. There was a similar situation about 10 miles from me aboutr 15 years ago and it was a corner at the entrance of a site and the map prevailed.

maidhc wrote: »

No, i'm just a solicitor who does a lot of work in this area giving my €0.02.

Yes but you are tending to look at it from a farmers perpective which a lot of lads here do.

ganmo

Bass Reeves wrote: »

Yes but you are tending to look at it from a farmers perpective which a lot of lads here do.

Which is why this isn’t the approiate forum for this question

mickuhaha

Adverse possession here will win in court if it ends up there as although he is named owner of the land, he had it fensed off and never used it for 30 years. Best thing to do is contact who ever owns the field and get them to agree to the rectification or let it go.

patsy_mccabe

We sold a small bit of poor land to a developer a long time ago. We continued to graze it and almost to the day of 12 years after we sold it, a machine arrived in to do some drainage. The only thing we could think of at the time was he wanted to make a claim on it, to fend of any adverse posession claim we might make on it. It would have been some stroke to pull on it if we did.:D

maidhc

Bass Reeves wrote: »

In this case adjacent land owner cannot claim it as as he has not got possession for 12 years. Now I am not a solicitor but in adverse possession cases it is the one claiming taht has the burden of proof.

As i said, the 12 years includes predecessors in title; so if my father was in adverse possession for 10 years, and I 2, then we have 12.

Aravo

maidhc wrote:

No, i'm just a solicitor who does a lot of work in this area giving my €0.02.

I know of a situation whereby a person A who lives abroad bought a site. Other sites beside this one were also sold and built on. This one is a site but not as yet built on. Individual adjoining person A, took posession of it and is claiming adverse posession. Person A is finding it hard to get him moved and had visited the area a number of times when home, I think Gardai were called on one occasion. To make matters worse person A went to a solicitor to get them involved who unbeknown to person A was acting on the other persons behalf doing the legal part of the adverse posession case. A few days later person A got a letter from solicitor stating that on behalf of individual, he was seeking adverse posession.

Bass Reeves

As I posted before adverse possession has to be proved. As well it is for claimant to proved adverse possession not jsut claim. As well applicant has to prove it in court. The risk for a claimant is that legal fees will out weight value claimed. As well it is unlikly that a person claiming adverse possession will be allowed costs as opposed to a defendant in such a case.

Below section 14 deals with sucessive squatters in this case the father would have to transfer his right of squatting to his son. You just cannot get deeds change by making the claim it is a fairly messy matter and it may cost more to owner to prove taht it is worth.

If it was me I would fence it in as indicated earlier. Possession is 9/10 of the law.


http://www.prai.ie/adverse-possession-title-by-adverse-possession-to-registered-land/#2

Aravo

Bass Reeves wrote:

If it was me I would fence it in as indicated earlier. Possession is 9/10 of the law.

Sure it is fenced. Only in a position which op states is wrong. Therefore in the possession of the flighty farmer.

patsy_mccabe

Where you from OP? We'll be listening out for the gunshots.

Bass Reeves

Aravo wrote: »

Sure it is fenced. Only in a position which op states is wrong. Therefore in the possession of the flighty farmer.

Except flighty farmer from OP's posts it seems has not got possession for 12 years. Therefore it is with OP's to reclaim.

patsy_mccabe wrote: »

Where you from OP? We'll be listening out for the gunshots.

He is out fencing it in after notifying flighty farmer.

J.O. Farmer

Bass Reeves wrote: »

He is out fencing off his grave plot after notifying flighty farmer.

I fixed your post.
I think it'd want to be agreed that it's the OP's ground before fencing it off and not just the OP saying he has a map and it's his.
Even non flighty farmer's aren't going to take kindly to "by the way legally I own a bit of your field so I'm going to fence it off now. I only discovered it now after 30 years.

This situation does raise the question though how was it not noticed that a bit was missing when the site was originally transferred to the OP or through the planning process when the house was built.

Bass Reeves

J.O. Farmer wrote: »

Bass Reeves wrote: »

He is out fencing off his grave plot after notifying flighty farmer.

I fixed your post.
.

A barking dog never bites

Aravo

Bass Reeves wrote:

Except flighty farmer from OP's posts it seems has not got possession for 12 years. Therefore it is with OP's to reclaim.

Land has been part of Flighty farmers land for 30 yrs. I think a site visit would assist in clarifying matters. If it was nearby it could double as an KT Event.

Bass Reeves

Aravo wrote: »

Land has been part of Flighty farmers land for 30 yrs. I think a site visit would assist in clarifying matters. If it was nearby it could double as an KT Event.

Not quite the case. It has been in his fathers possession most of that time. Flighty farmer only has it a few years from OP's posts

kerry cow

The farmer and his predecessors have farmed the land unchallenged for 30yrs .
The land has been declared by area aid for 20 yrs or what ever .
Department of agri mapping for the farmer .

Get back in your box .
End of story .

mickdw

I think the issue is being over complicated.
If the additional area that is showing in house folio is over and above what buyer would have expected having viewed the property and if that additional area is not required to satisfy planning permission or doesn't contain your septic tank or site access etc, you can sell the house plot less the area at issue. Buyer then gets title map that exactly match land on the ground.
You can retain useless portion that sooner or later farmer is going to want to straighten out anyway.

Bass Reeves

kerry cow wrote: »

The farmer and his predecessors have farmed the land unchallenged for 30yrs .
The land has been declared by area aid for 20 yrs or what ever .
Department of agri mapping for the farmer .

Get back in your box .
End of story .

You can look at this another way OP or his predecessor's 30 years ago bought this piece of land. they happened to have paid money for it. In the fencing stage there was a mistake made. He may now have the option to reclaim this land, the option is his.

I may be wrong but I suspect that this is a site sale 30 years ago that adjacent owner father sold to OP or his predecessor. I suspect that at the time the seller drew up the map before sale. This sale may have taken years. When it was fenced in maybe seller fenced it in wrong, seller's engineer marked it wrong. It could have been OP's mistake.

OP now has the choice as to what to do. It seems that adverse possession may not be in play as owner may not have squatters rights. It a pure and simple legal situation. It is immaterial that seller and his heir have farmed it for 30 years as they have not claimed squatters rights. Unless the farmer is legally entitled to claim squatters rights he is not entitled to it. Why did he not claim it all along. Just like OP he was unaware so now it is a situation where what is legal applies not some airy fairy thinking.


Get back in your box

mickdw wrote: »

I think the issue is being over complicated.
If the additional area that is showing in house folio is over and above what buyer would have expected having viewed the property and if that additional area is not required to satisfy planning permission or doesn't contain your septic tank or site access etc, you can sell the house plot less the area at issue. Buyer then gets title map that exactly match land on the ground.
You can retain useless portion that sooner or later farmer is going to want to straighten out anyway.

More than likely planning was applied for on original map. New buyers has seen the issue and wants the area fenced. If it is not included then OP will have to get planning for new site layout before any sale can be completed. This will delay sale for 6-8 months and cost him planning and engineers fees. I expect that this could cost him 2-3K.

New buyers more than likely is getting a mortgage. As long as the planning is wrong the bank will not release it to him. It is not just a matter of correcting map. As well new buyer will face same situation if he wishes to sell down the line even if he is a cash buyer. If you were the buyer would you take it as in this situation.

So it is a bit more complicated that people realize.

listermint

The only outcome here is that the seller will have to do something. No company will release a mortgage with this problem in place.

For me I'd pick the cheapest simplest quickest option whatever that may be.

Retaining the land or not retaining it doesn't really matter having the folio correct does or else your stuck with the house.