So pleased you are all sorted out, there is nothing like having it on a piece of paper to give you that warm glow. As I said eariler when we had our trouble I was pleased to be able to have a look and see it in black and white.
All the best with the move.
Ja:)kie

PS Cleo, Do not move the fence at all, you may only cause trouble down the line.

If you give land away after a period of time it becomes the other persons and you may leave problems for others or when you ever come to sell.

best left alone.

Good luck again

Pam

I agree too. But DONT move the fence. You dont want to move yet but you may one day and you might, just might lose your sale if the property isnt shown with the correct amount of land and the new buyers have the same sort of attitude as your new neighbours - and rights over the land for having used it for a long time (20 years from memory?). Stick to your guns- dont be bullied nicely or otherwise :) - it is YOUR garden not your neighbours. Hope your move is now smooth and you have a great time in your new house.

Gina x

As a Conveyancer - i know this matter should have been sorted prior to exchange. If the old lady owned both houses and they were both on the same set of title deeds then one of the houses would have been sold as a transfer of part of the land. When the contract was prepared - and if the land was unregistered at H M Land Registry then it would have referred to a plan of the property being edged in red. When you signed the contract was there a plan attached delineating the property? This plan - or rather an exact copy- should then have been attached to the Transfer Deed - the deed formally transferring the property to yourself from the seller . This will then be sent to H M LR and the property registered into your name.

Your sol or conveyancer should have realised if the property was on one title and that a plan would have been required - but then they also rely on you to tell them whether or not the plan of the property that they should have provided you with was the same as when you checked the land and property prior to exchange of contracts.

Maybe you could suggest to neighbour in non challenging way that they speak to their sol and you speak to your sol to see if the problem can be sorted. It may be a case of their sol saying to them that the fence as it now is is correct and their sol should give them a copy of the plan to the property - this should have been done prior to exchange so that they could check the boundaries as you should have been as well.

If there is no plan then their may be probs - and litigation may ensue - but hopefully an amicable solution can be sorted.

If both the properties were registered at H M Land Registry on separate title numbers, then the plan attached to the Office Copy Entries that should have been sent to your Solicitor would be correct and the boundary shown thereon is as it should be on the ground. There would be one set of office copy entries for your neighbour and one for your house. If the two houses were registered at H MLr then again a transfer of part should have occurred as before.

I am talking lingo above - sorry. Houses are either registered at H M L R as registered title or houses are unregistered ) this is were reliance is on old paper title deeds and have not yet been submitted to land registry for first registration.

If titles were unreg - then the two purchases will not trigger first registration.
Hope this helps.
Karen.