Forewarned is forearmed
‘Avoiding the cost and inconvenience of land registry boundary disputes’
When you’re buying a property, you want to make sure it happens quickly and smoothly. However, you also want to make sure that you’re not leaving yourself open to problems in the future. We can help you take steps now to avoid any land registry boundary disputes that could arise.
What to look for when buying
As your solicitors, we rely on you to spot any boundary issues before buying. So it’s worth checking that there are no issues about boundaries, rights or positive covenants before you buy.
- Land registry boundary disputes
When you’re looking at the property, take a camera with you and look for factors that could lead to land registry boundary disputes. For instance, check that no part of the boundary projects over those of other land on the house plan. Also take a look at the property information forms as they can show which boundaries the seller has maintained. Any ‘T’ marks on the title plan will also show you which boundaries you will be responsible for.
- Property rights and rights of way
The property may require ‘rights’ that pass through adjoining land, for example services like water or drainage. Or you may need to pass through adjoining land to get to your garage. You can normally find these rights marked on the property deeds. By the same token, properties next to yours can have similar rights on your land too. Make sure you check everything before you buy.
- Positive convenants
If there is a positive covenant already existing on your property, it may affect how you can use the property, and could even make it difficult to sell in the future. Examples of positive covenants include paying a regular fee to maintain a shared driveway or drain. By taking them into account now, you can make sure you avoid any nasty surprises later.