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New house boundary plan is wrong

We had an offer accepted on a house but we got a surveyor in who told us that the plans don’t match the land that’s now for sale (garden), should we walk away?

This is not good news for this Listener.   Part of the job of a Solicitor representing a buyer of property is to make sure that the legal title being sold is exactly what is there and if there is any mistake it has to be rectified before the buyer can advise his/her client to go ahead with the deal.   This listener obviously has a good Solicitor and Surveyor who have picked up on this so it now really depends on how quickly the problem can be solved but it certainly should not proceed without the situation being rectified.

Mismatching of boundaries can happen quite easily where two neighbours can swap ribbons of land to allow better access at the front in exchange for which an extra bit of garden which might be given to the other neighbour at the back and it is all done on an informal basis, which is the real problem.  

As I mentioned this listener should not under any circumstances go ahead with the deal until it is rectified and you should talk to your own Solicitor immediately and ideally have the Surveyor there at the meeting to find out exactly how this problem arose and whether or not the problem involved can be sorted out.    That might need the co-operation of the neighbour and if it is going to be a long drawn out affair  (which might even involve Court proceedings) the listener is in for a long delay.

When you find out exactly the nature and seriousness of the problem, then get an estimate of time and cost for rectification and make a decision as to whether or not you want to walk away.

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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