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Land boundary - bank requirements, do we need neighbour on board?

  • 18-03-2024 8:55am
    #1
    gg2009
    Registered Users, Registered Users 2 Posts: 27 ✭


    Hi all,

    In the process of purchasing a house and a query has arisen surrounding the land boundary.

    The facts are -

    - house was purchased in 2018 by the now vendor. The piece of the folio in question was given a ROW agreement at the time as it is where the septic tank is. The rest of the property is surrounded by a hedge. The area where the septic tank is located is included in the property folio but not the physical boundary.

    - we went sale agreed on the property. The vandor and adjoining land owner have in place an agreement saying we can rectify the boundary and plant a new hedge when the sale has gone through. No specifics as to the process are included in the agreement.

    - the bank, rightly so, want the boundary fixed before our mortgage is drawn down. We approached the adjoining land owner to ask if he minded us having a land survey done and a declaration of identity drawn up when a new fence was put in place. We waited a month for reply through his solicitor. No response. We went ahead with the survey in agreement with the vendor.

    - we now need to put a fence up and have the surveyor check it's position for the declaration of identity. It has been another month and the neighbour has not been contactable.

    The question is do we just push on and put up the fence etc? We would rather not without his consent but an 8 week delay to be polite is becoming frustrating considering he was happy for it to be corrected after the sale.

    Im trying to gather the facts and think if he did take it to a solicitor and say he was unhappy then -

    - the folio is thought to be correct

    - he was willing to sign an agreement to say we could adjust the boundary post sale

    - we have used a chartered surveyor

    - we have a declaration of identity

    - he did not make a claim for adverse possession

    - the 12 year rule does not apply as the ROW agreement was in place within that time frame

    All thoughts welcome! Thanks in advance.



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