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Hi there,
I am considering purchasing a property that currently features a decked area in an unregistered shared yard/alley way. The alley is to the rear of the property and separates two rows of houses. Having checked the land registry plan, I can see that the decked area is on un-registered land and not within the property boundaries (which only extend to the rear wall of the property). Next door has an extension built out to the same distance as the decked area and this is included in their boundary. Also, the boundary for a property two doors down appears to extend the same distance but has nothing built on it.
The only reference to the shared area is from the early 1900s mentioning access to a shared urinal and ashplace which are no longer there. The decked area in question only extends a couple of meters directly to the rear of the property and to the side of the above mentioned extension and so there is no reason anyone would need access to it.
Were I to purchase the property, I would be interested in building a fence around the decked area. The estate agents suggests that this could be done with the consent of the immediate neighbour but this sounds a bit too unofficial to me.
Is there a process by which I could extend the boundary officially? If so, what would this entail? I've read about 'statements of truth'. Would I get the current owner to write up one of these stating how long the decked area has been there and use this to apply for a boundary extension on the grounds of adverse possession? Should I apply for this or the seller of the property? Would this even be necessary if, as the estate suggests, next door consents to the fence?
Thoughts and advice appreciated!
I am considering purchasing a property that currently features a decked area in an unregistered shared yard/alley way. The alley is to the rear of the property and separates two rows of houses. Having checked the land registry plan, I can see that the decked area is on un-registered land and not within the property boundaries (which only extend to the rear wall of the property). Next door has an extension built out to the same distance as the decked area and this is included in their boundary. Also, the boundary for a property two doors down appears to extend the same distance but has nothing built on it.
The only reference to the shared area is from the early 1900s mentioning access to a shared urinal and ashplace which are no longer there. The decked area in question only extends a couple of meters directly to the rear of the property and to the side of the above mentioned extension and so there is no reason anyone would need access to it.
Were I to purchase the property, I would be interested in building a fence around the decked area. The estate agents suggests that this could be done with the consent of the immediate neighbour but this sounds a bit too unofficial to me.
Is there a process by which I could extend the boundary officially? If so, what would this entail? I've read about 'statements of truth'. Would I get the current owner to write up one of these stating how long the decked area has been there and use this to apply for a boundary extension on the grounds of adverse possession? Should I apply for this or the seller of the property? Would this even be necessary if, as the estate suggests, next door consents to the fence?
Thoughts and advice appreciated!