Boundary discrepancy
Discussion
The colour of the lines is all important. Lot 3 is the one under discussion.
The picture you see is from the estate agent and the right hand line represents the boundary that I thought I was getting. What has now been signed after a year of mistakes by the other solicitor is the boundary highlighted as the green line. This means I have lost the stream and the trees that grow there. Any thoughts as to next steps to clarify where the boundary actually is? You could say that the green line is a fence line though my interpretation is that it is representing a row of trees though I could be mistaken.
The picture you see is from the estate agent and the right hand line represents the boundary that I thought I was getting. What has now been signed after a year of mistakes by the other solicitor is the boundary highlighted as the green line. This means I have lost the stream and the trees that grow there. Any thoughts as to next steps to clarify where the boundary actually is? You could say that the green line is a fence line though my interpretation is that it is representing a row of trees though I could be mistaken.
Edited by softtop on Saturday 14th November 13:52
softtop said:
Silly Sod said lot 1 rather than lot 3, no wonder we are in a mess 
So, to clarify, (I hope 
) you thought your boundary was the east bank of the stream, and that you owned the stream and trees on the west bank, but now you've been told that you don't. The faint green line marks the west bank of the stream, and now the edge of 'your' plot.What does the owner of plot 2 say, because it's now a strangely dog-legged boundary line?
That looks like in the region of 10% of the plot will be removed by the boundary change, how accurate is the stated size of the lot on the drawing? Does the stated size include the stream?
Edited by karona on Saturday 14th November 14:43
The current owner can set whatever bounderies they wish for an element of land they are seeking to sell. They need not sell all the land relating to the current Title.
Your issue appears to be you agreed to purchase an element based on one plan whereas the vendor had stipulated another in the purchase documents. There is no way we can say which is correct.
Surely you need to ascertain what the vendors intention is and if it's not what you want, pull out.
Your issue appears to be you agreed to purchase an element based on one plan whereas the vendor had stipulated another in the purchase documents. There is no way we can say which is correct.
Surely you need to ascertain what the vendors intention is and if it's not what you want, pull out.
Some good points there Karona and the assumptions are correct.
I own Lot 2, this is the house and garden. You are correct to question the boundary. The boundary is a dog leg though in reality it is a straight fence. Some thing I have not done is measure the plot, that is a job to be done. As for the plot, I have had it now for a year and the paperwork has only just come back from Land Registry, hence the delay in bringing this up.
A question is, "What could the green line represent?" Is it just a way of providing more information on a map or would you consider it to be a new boundary marking?
IanA2 said:
AFAIAA only red lines are used to delineate boundaries on land registry docs. Just based on a half dozen purchases over the years. No idea what the green line is. Maybe a drainage ditch?
Yes, last time I did this the thick red line was the important boundary line.Just out of interest does a google earth image help define the other lighter coloured lines. (not that it matters, but I am nosey now!)
Edited by SidJames on Saturday 14th November 17:53
The green line is likely to define a landscaping strip and will be referenced on the the title for the piece of land. This is not a boundary dispute in the classic sense. Moreover your query is in relation to the parcel of land you thought you were buying . What I suggest you do is to check the land transfer Dox following your purchase. That should have a redline drawing showing the extent of the land you have bought and that will be registered with land registry as part of land transfer. Based on what you have said I would expect this to comprise the smaller area ie excluding the land to the east of the green line but will all be edged red as said above. I think your issue here is with your solicitor who should have checked the plan with you before sale . Also does the 0.77 acres referenced on the sales particulars include the land to the east of the green line. If so there is a strong argument that these are misleading .
Googie said:
The green line is likely to define a landscaping strip and will be referenced on the the title for the piece of land. This is not a boundary dispute in the classic sense. Moreover your query is in relation to the parcel of land you thought you were buying . What I suggest you do is to check the land transfer Dox following your purchase. That should have a redline drawing showing the extent of the land you have bought and that will be registered with land registry as part of land transfer. Based on what you have said I would expect this to comprise the smaller area ie excluding the land to the east of the green line but will all be edged red as said above. I think your issue here is with your solicitor who should have checked the plan with you before sale . Also does the 0.77 acres referenced on the sales particulars include the land to the east of the green line. If so there is a strong argument that these are misleading .
You are correct in all of your assumptions. I do need to measure though I also may have seen the picture a year ago and in the excitement of moving not taken as close a look as I should have. It is only once it is yours do you notice more. i would guess the green line is nothing definitive, it looks like it's just an Ordnance Survey feature to show that one side is trees and the other open. I would also guess that there's no permanent feature on the ground following the line, so notionally it's probably the tree canopy line.
Willy Nilly said:
softtop said:
desolate said:
is there a fence or a hedge?
there is a stock fence that sits at the top of the gulleyI would say that unless the vendor is co-operative you will be stuck with where the fence sits.
Boundary disputes are a complete nightmare and very very rarely worth the trouble.
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