Should I inform my Buyer or Conveyancing Solicitor about boundary and access problems?
Conveyancing Solicitors frequently come across boundary disputes, which can be a cause of great friction between homeowners.
The forms used by Conveyancing Solicitors require information as to whether any boundary feature has been moved in the last 20 years. If a boundary fence or wall has been repositioned, then details must be given. This may have been done by agreement, but cases have arisen where the new owners check the title plans and find that they have not actually bought the full plot of land.
What about right of access?
Conveyancing Solicitors also regularly encounter cases where a private access has been obstructed, either permanently or on a regular basis, or where there are disputes about the use of parking spaces.
When land has the benefit of a legal right of way, obstructing it does entitle the owner to take legal action. Situations sometimes arise where owners do not need to use a path or drive – perhaps they are entitled to use an access leading to a garage, but do not own a car.
This may lead an adjoining landowner to think that they have abandoned their legal right, and block it off. But sometime later the first property is sold, and the new owners want to use the garage – thus leading to a dispute.
What can your Conveyancing Solicitor do about it?
As a buyer, if you have any doubts about the property you an intending to buy, inform your Conveyancing Solicitor and request than they investigate further. A proactive property lawyer should take action to query any discrepancies they have found on title plans or other documents.
If you are selling, speak to your Conveyancing Solicitor if you are in any doubt about what you should include on property information forms.
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