Title Deed Discrepancy

I am currently in the process of buying a property and the survey has flagged that the fence does not follow the land registry plan and therefore a small triangle of garden is missing from the property due to the angled fence line. For context the land in question is a couple of square meters so is only a very small portion of the garden.<br> <br> The fence has been in place for circa 20 years since the land was split into 2 parts by our seller and 1 part was sold to the current neighbour. No one has noticed until now that the title deeds did not match the shape of the physical boundary.&nbsp;<br> <br> The neighbour has been in possession of this land for those 20 years and the plan was to transfer the land in question to them to align the land registry with the physical boundary. However they are unwilling to be involved in the process and will not agree to being transferred the land or to correcting the fence.<br> <br> What are the possible options in this scenario? Can the land we are buying be split up into 2 parts (ie 1 part to be sold to us that represents the physical boundary and 1 part the additional land which is not within physical boundary to be retained by the seller)?&nbsp;

Zara - you do need to rely on your conveyancer/legal rep here as to what your options are and which is 'best'. If you are buying with a mortgage then your lender has the main say as to Yes or No to going ahead depending on the chosen solution also.<br> Options can include the solution you have highlighted and the seller only sells you the main property minus the extra land<br> They may be resistant to that scenario though.<br> Interesting that the neighbour who bought part but not the other part doesn't want to resolve the matter. At some point it may impact on their ability to sell/remortgage for example should a future buyer/lender spot their own anomaly.&nbsp;<br> They are in a position to resolve matters either by applying to claim the land or getting your seller to transfer it but their choice clearly.<br> As a result your 'best' option would most likely be to accept a Transfer of Part (TP1 instead of TR1) but your conveyancer/lender can clarify/confirm that for you<br> &nbsp;

Thank you Adam for your helpful response. Unfortunately the neighbour has requested money to formalise anything and it seems is leveraging a delay to extort money from the elderly seller. The impact on any future sales has been highlighted but they are unwilling to engage further.<br> <br> Unfortunately the sellers solicitor is not very forthcoming with solutions so we will put forward the potential of a TP1 to our solicitor and lender and see if that is a possibility that will satisfy all parties.

Zara - all noted and appreciated. The buying/selling process is made up of a number of 'negotiations' and I hope you are able to find a solution that enables you to complete the purchase with your chosen lender. Can be a tricky task at times but it seems you might have an option at least to keep it moving unless the lender/conveyancer can't move forward as the issue has been identified and adds a 'risk' to the lending/conveyancing algorithm re such matters