Period survey

[angrybird]

I recently had my offer accepted on a period farmhouse only to be gazumped! :twisted: and wasn't willing to get into a bidding war. It was very hard but I decided to walk away!

I have just had my offer accepted on another period farm house and everything is moving smoothly so far (fingers crossed)
What are your views on surveys?
The farmhouse is over 200 years old pretty much untouched has had a new roof and chimney liner, no signs of damp ,needs rewiring im keeping as much of the original interior as I can, the windows are gorgeous and can easily be repaired ,no chance of flooding as it's ontop of a mountain

The farmland has had a tenant for many years so has very little fencing.
I want to reinstate the fences as I will be having my own animals on the land.
I have the Land registry plan of the boundaries but how do I know what land is really mine?
Are there people that can map this out properly for me ?

I'm sorry in advance if these are stupid questions

Thanks an advance
Jacqueline x

 

[Flyfisher]

When we registered a field for the first time, Land Registry sent out someone from Ordnance Survey to confirm the boundaries using a GPS gizmo accurate to less than one inch. However, the boundaries were not in dispute so it was a simple recording job and I only mention this to show that LR will work closely with OS when necessary.

Where the boundaries are not clear on the ground then you will have to work from the LR plans (and possibly the original deeds) as best you can. Of course, you can erect a fence wherever you like - the risk is being challenged by a neighbouring landowner. If a boundary dispute cannot be agreed then I believe there is some form of arbitration service. There are some interesting discussions about such things on the Garden Law forums (gardenlaw.co.uk).

Having said that, I'm sure you don't want to start life in a new home with a neighbour dispute! I would start by discussing the boundaries with the seller (or their solicitor), after all it's perfectly reasonable to expect the seller to properly define the area of land they're selling. It might also be a good opportunity to meet with the relevant neighbours, introduce yourself and explain that you'll be erecting a new fence and ask them to agree the position if things are really not clear on the ground. I would then put some stakes along the agreed boundary as a temporary measure.

The Garden Law forums are full of examples of people going to war over a garden fence being moved a few inches but since you're talking about a farmhouse and having livestock then I'm guessing the land area in question is substantial and I'd like to think that it would be relatively easy to agree a boundary with your neighbour(s) if a few feet here and there is of little consequence.

 

[angrybird]

Thank you very much for your reply FF
The farmer who rents the fields owns the adjacent land and is supposed to be very nice, I think my first step is to meet him along with the seller and ask him to walk the fields with me to discuss and mark out boundries.

There are some huge Neolithic stones and some ancient trees so I'm hoping this might be a guideline for the boundary

Thank you once again
Jacqueline

 

[Flyfisher]

As I understand things, if you can come to an amicable agreement regarding the boundary then that becomes the legal boundary.

I recall a boundary dispute on garden law where the original boundary between two gardens was a fence. One neighbour planted a hedge on his side of the fence. Over the years the hedge became well established and the fence fell into disrepair and was eventually removed altogether. Cue a later dispute over the boundary and it was subsequently decreed (might have been through the arbitration process I mentioned earlier) that the property boundary was the centre line of the hedge. Thus, the neighbour who planted the hedge ended up losing about one foot of garden! Apparently, boundary lines on deeds are indicative only - which sort of makes sense as, historically, they were never drawn with absolute accuracy or defined reference points. All of which probably gave rise to the old saying 'good fences make good neighbours'

Hopefully the neighbouring farmer will turn out to be as nice as his reputation and there will be a friendly resolution when you walk the fields with the seller, though I'd still be keen to stake out the route of the proposed boundary fence as soon as possible.

Sounds like some exciting times ahead - hope it all goes smoothly!

 

[CliffordPope]

I think there is also a principle of what you see is what you buy.
It is the seller's job to provide the property details of what he is selling, and if you agree with them and legally conclude the sale then you get the property as described.
If it turns out to be wrong or a boundary is in dispute then you have a case for action against the seller for misrepresentation.
That's basically what I have gleaned from gardenlaw anyway.

 

[malcolm]

When I bought my place the sellers were very keen to define the boundary only using the red line on the land registry plan drawn through the car park. The line was 1m wide! I insisted on a dimensioned plan and some reason they gave me 0.5m more than I was expecting. I put my fence up before they sold the other half of the car park.

It certainly makes sense agreeing the boundary and sticking wooden posts in the ground before exchanging contracts.

 

[88v8]

And if there is a lot of fence, it does no harm to define who owns it.
A neighbour at my previous (1920s) house got into a dispute with the people in the (i960s) house at the bottom of his garden over who owned the fence. Needless to say this arose only because it needed repairing.
Your amicable farmer may not be there forever.

So, another great adventure! Hope it all goes well.

Ivor