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Boundary query on house
We are looking to buy this house. It has a utility area on the side of it which apparently was built when the houses were built and this interlocks with the house next door.
However, the shape of it is staggered and some of this house goes over the boundary into next door at the back and some of the next door's house goes over the boundary into this house in the front.
Its hard to explain but imagine 2 interlocking L shapes on their sides. The boundary fence at the back is situated so that a small part of the utility room (say 60cm or so) is actually in next doors garden. The houses were built in the 30s apparently.
Does anyone have a set up like this, we are worried about things like maintenance of the wall or access to the wall on the outside of what would be our house.
However, the shape of it is staggered and some of this house goes over the boundary into next door at the back and some of the next door's house goes over the boundary into this house in the front.
Its hard to explain but imagine 2 interlocking L shapes on their sides. The boundary fence at the back is situated so that a small part of the utility room (say 60cm or so) is actually in next doors garden. The houses were built in the 30s apparently.
Does anyone have a set up like this, we are worried about things like maintenance of the wall or access to the wall on the outside of what would be our house.
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A boundary and a fence aren't always the same thing.
Spend £3 at http://www.landregistry.gov.uk/ and it should tell you all you need to know.
http://en.wikipedia.org/wiki/Flying_freehold
they are quite common, but it can affect sale price / mortgage lenders, especially if it's a high % of the property.
you'd be best getting hold of the title deeds or speaking to a solicitor, who would be able to clarify if it is infact flying freehold and if so how that will affect the purchase.
That is a good start, but the land registry plan is not to scale and does not pretend to show the boundaries down to the inch so to speak.
If the you feel the plans do not match what is on the ground, you may need to have them rectified. This would involve the next door property and their mortgage lender if they have one.
Make sure it is sorted before you exchange contracts.
I have already done that, it simply shows that there is a straight line between the 2 houses, not a staggered boundary as was suggested by the vendor/estate agent. It doesnt tell me where in the house the boundary is.
Im getting more worried about this as I think about it, how could the edge of your house be in someone elses garden.
The owner said they were built in this way but they cant have been.
The register and the plans do not indicate a flying freehold. Judging by the wiki link, it wouldnt meet the criteria for that either as its not underlying or overhanging another property
As a poster said above, whatever is shown on a LR plan will be too inaccurate to sort out on the ground. The site line itself would be 2ft thick at the scale they felt tip it on.
Access to maintain stuff is the same situation as every other property. Don't p*** off your neighbours so they won't let you on their land to do what needs doing when it needs doing.
You do worry about a lot of stuff don't you? Is this a sub conscious reluctance to commit to something long term?
The fence at the front of the property appears to link with the party wall in the utility rooms, the fence at the back does not and so results in about 2 foot of the utility room being in next door's garden.
Additionally you can ask the Estate agent about it. But remember that while they shouldn't outright lie, their primary focus will be selling you the house!
I ordered the plans and the title, neither make any reference to this so called staggered boundary. We have emailed the estate agent today but seeing as they already told us it is a staggered boundary and this is all on the plans (which it obviously isnt), I wont trust what they tell me.
Seek their advice; that's what they're there for.
It's been there since it was built though surely?
I hardly think if you move in the neighbours will suddenly claim the wedge in the corner as their property. Even if they did, in some bizarre alternative reality, you could easily defend the claim.
Can you imagine a hearing where common sense is cast aside in favour of an arbitrary line drawn in thick felt tip one Friday afternoon in a faraway office building?
If anything, the neighbours should be more worried that someone would try to claim a part of their garden as one would normally expect fences to line through with the party walls dividing property.
Your last paragraph - exactly, this ambiguity is concerning.
Yes the utility rooms have been there when the properties were built, there is no confusion about that. But on the plans I downloaded, the party wall between the houses (utility rooms) is a straight line, which also coincides with the boundary lines front and back.
Now, in reality, the physical layout of the party wall and the fencing bears no resemblance to those plans. So I need to find out what is going on. Its not logical.
Well we did exactly that and somehow (and I dont know how this happened) the issue of the boundary wasnt addressed at all because the neighbour started talking about how it was a lovely area and that he was worried that youngsters would move in a have parties! We then talked about where we worked and stuff like that and then came away and realised that we had not addressed the issue we wanted to talk about. I think we got swept up in the house which we like very much.
We live about 2 hours away so will have to have a nose round one evening.
If they seemed nice, then hopefully it would not be a problem.
I have watched quite a few "Location" type tv shows and some houses actually have their neighbours gardens right next to their side or rear house walls and even have windows on these walls. Imagine trying to clean them etc if you have fell out with your neghbour, so having to put up with your neighbour having parties etc and people being near your windows!
Just for info here's a joint statement about boundaries from Ordnance Survey and Land Registry that to summarise says that Land Registry is unable to tell you precisely where a property boundary is located: http://www.landregistry.gov.uk/public/about-us/policy-statements/ordnance-survey-joint-statement
Yes Ive read that, its not so much about the exact location its more that the plans show, without any ambiguity, that the party wall is in line with the boundary. As you would expect. But in reality the party wall is about 2 foot over into next doors garden and that does not make sense. The plans are also clear that the party wall is a straight line between the two houses, in reality the party wall is a dog leg shape and that again does not make sense.
I suspect your advice was with good intentions but for most people a fully detached house is the dream. Whilst we are happy in our semi there is no way we can afford detached.