And once again…the importance of checking the boundaries when you buy

When someone buys a property, their solicitor will typically advise them to inspect the boundaries of the property that they are buying. The solicitor will often also send their buyer client a plan of the property that they are buying. The solicitor will ask their client to check the plan to ensure that the extent of the property that they are buying is accurately outlined on the plan.

The plan that is used will very often be the plan that the Land Registry has produced on registration of the title to the property in question. The buyer client would do well to remember that in most cases their solicitor will not be visiting the property to inspect the extent of the land that they are buying. If the buyer is having a survey carried out, they should give a copy of the plan to their surveyor as this person will be visiting the property and is in a good positon to make the necessary checks.

A recent case highlights the importance to the buyer of checking the plans carefully.

The land in question was an area of land at the bottom of a garden. The title to the land involved long leases however, the central point of the case revolved around whether an area of land at the bottom of the garden formed part of the property or not.

The buyer had been told by her solicitor to check the plan when she purchased. She only carried out a cursory check. The triangle of land which was occupied by the neighbours was hidden by what the judge described as a 'splendid shrub' - it was a large fuchsia bush. The judge found that if the buyer had properly checked he boundary and had looked behind the fuchsia bush, she would have realised that the area of land in dispute was being used by the neighbours and therefore was unlikely to form part of the property that she was buying.  As a result, she lost the land and thus the case.

If a buyer does discover that they are buying less than they thought, this may lead to a price re-negotiation. 

An all too common issue with this case is that the parties had been arguing about it since 2013 - but it did not come before the court until 2016.

Any dispute is likely to render a property almost unsaleable so it is important to ensure that proper investigation is done at the time of purchase to avoid lengthy and expensive disputes.

To discuss this or any property related issue, contact us.