We Have A Shared Courtyard With My Next Door Neighbour, We Both Decided To Put A Fence Up Dividing It, Mutual Agreement, But The Division Is Different To What's Stated In The Deeds....

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Jax17 | 12:17 Thu 29th Oct 2020 | Law
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The problem is the layout, this courtyard is a big rectangle if we divide it as it is in the deeds we both would get two very narrow rectangles which is not practical, so we both decided to divide it in a way that we both get two big squares. Put a fence up, divided the costs and it's been like that for over a year. My question is what happens if someone sells their house, how can I protect this mutual arrangement if my neighbour sells her house?



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no not really is the answer

the land lawyers will rub their hands - it depends on your title
free hold or lease - and what the original holding was

My own view ( and by golly dont the other like telling me I am wrong!) is Tulk v Moxhay 1848 is the leading case here and it doesnt help

[I think the nub is - can two informal agreements affect land title against sale with hotice and I think the answer is no]
BA to Bob
for once a govt site gives better advice than I do
hur hur hur
If ever you sold your property this would come up straight away on the Searches. That the boundaries on the Land registry don't tally with the layout of your boundaries.. I would get in contact, both you and your neighbour, with Land Registry and put your question to them. It is possible to mutually change the boundaries and will cost around £80 each. Basically, you transfer part of your land within the boundary to your neighbour using a TR1 and they do the same. A conveyancing solicitor will give you the best advice and and do the job for you at a reasonable cost. The thing you must not do is go ahead on mutual consent only.
Thanx for the question. It promted me to Google the issue as there is an issue in are private apartments regarding car park spaces where the actual allocation in practise differs from the deeds- in fact in my pack there was a v1, v2 and v3 showing diffrent version's- so maybe past owners agreed changes and sent them to Land Registery, and we now would like to challange them as they are unlogical/unfair on v3
APG, is it not a TP1 since it's only part of the property being transferred?

Mind and make sure the neighbour does the same or she will own her original area plus half of yours.
Corby -yes you are right it's a TP1. The form is easy to fill in but if you are not a licenced conveyer you have to provide a 1:250 plan & have everything Notarized and it really is the easiest to go get it done professionally. Both neighbours could go together to the same Solicitor and halve the costs. The last one I had experience of was exchanging part of the side garden of house A( to provide access the the back garden of house B) in exchange for a corner of the back garden of house B.
licensed conveyancer?
I found them very god#od
I am absolutely astounded anyone here is considering land title transfer wivvart advice of any kind
( ours doesnt count - who was it who said that do it yourself wills kept the probate lawyers out of hock)
Peter, unfortunately I have dealt with the backlash of mutual agreements regarding boundaries when I was working in Estate management.

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We Have A Shared Courtyard With My Next Door Neighbour, We Both Decided To Put A Fence Up Dividing It, Mutual Agreement, But The Division Is Different To What's Stated In The Deeds....

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