Boundary agreements

"The hedge died, so I built a wall to replace it" 

"I built the extension on the boundary, as per the plans"

Two of the most common statements made by a property seller (Vendor) which, although they might seem reasonable enough, are potentially going to cause a problem when selling. Conveyancing in Guernsey is undertaken by registering title deeds (sale contracts) at the Greffe. When a boundary feature mentioned in a conveyance is not evident on site, seller may have to correct the anomaly to satisfy the prospective purchaser.  It may be possible to prove that any replacement boundary feature was erected in the exact position of the previous one, but this can often be impossible. Was the fence built exactly where the trunks of the trees were?   Is the edge of the wall in line with the edge of the old fence? It may be that a seller will be required to resolve the anomaly by entering into a Conveyance by Way of Exchange with his/her neighbour.

As land is a finite resource and is expensive, your extension may have been designed to make the most of the space available. Again, if an existing boundary is being removed, say a hedge, and a new wall of an extension is built, with gutters and fascias overhanging a neighbour's property, this can create a problem. Why? No rights to gain access onto the neighbours land to maintain the wall, clean the gutters or even to allow them to overhang the neighbours land will exist until they are created.  Again, a Conveyance by Way of Exchange and Agreement is going to be required.

Before any boundary feature is changed, it is prudent to obtain legal advice and, if necessary, seek the agreement of the neighbour and formalise the agreement by registering a Conveyance by Way of Exchange or an agreement granting rights at the Greffe.

If you are contemplating selling and you have replaced one of your boundaries, or built an extension on or close to the boundary, now is the time to give us a call. Getting the problem fixed before you sell often greatly reduces any delay when you come to sell. Please call 01481700072 or email conveyancing@trinity.gg to discuss any concerns you have.