Just received a letter from Land Registry

Andrew_C_3

Received a letter from land registry last week informing me that they had received correspondance from the solicitors of the developer for our estate where they have highlighted that our title plan as being incorrect.

The developer had retained some land in their title when in fact it should have been in our title.

Having looked at the enclosed OS map it shows the additional land is the unadopted road adjacent to our house. We moved in 10 months ago and the house was built 2 and a half years ago (we are the 2nd set of owners of the house since completion).

I a concerned that this additional land will now be for our maintanence. Our deeds which were signed when we purchased the house confirmed that the maintanence of all access roads was to be split 14 ways (14 houses on the development), has this now changed?

I have spoken to the Land Registry and they are been less than convincing in their answers........essentially their is a transfer plan and a title plan and the title plan was incorrect, this change to the plan merely reflects the transfer plan? does this sound feasible becuase (without contacting our solicitor) i very much doubt we would have overlooked this.

They have said that no other parts of ur title deeds or transfer have changed (which leads me to believe that the maintanence is still split 14 ways) but i just wanted to see if anybody else had experience of this? If the road is in our ownership what i stopping us putting a fence around it.....i'd quite like a larger garden


Any help/ guidance would be great as i'm a little confused TBH

Richard_Webster

Do you use the unadopted access road? If so it probably won't make any difference as it is pretty academic who owns the road if there is a shared use of it and a share d contribution for its maintenance. If others have rights to use it in their Land Registry entries you can't fence it off.

lincroft1710

I had house at end of cul de sac where once you left tarmac you were on a concrete road/drive which gave access to drives/garages of 4 other houses, and drive ended at my garage door. HOWEVER the responsibility of concrete from tarmac to my garage door was all mine, even though 5 houses used about 70% of its length.

Andrew_C_3

Richard_Webster wrote: »

Do you use the unadopted access road? If so it probably won't make any difference as it is pretty academic who owns the road if there is a shared use of it and a share d contribution for its maintenance. If others have rights to use it in their Land Registry entries you can't fence it off.

Yep, all 14 houses on the development se the road as our property is at the front of the development.

I'm going to have a proper read through the deeds that we agreed to when we purchased and see what the wording is. Am i right n thinking that these have not changed though (as a result of this letter)

silvercar

It may be just the land map that changes. Your deeds should contain covenents that require you and the other owners to contribute to the maintenance of the shared roadways.

Ideally you and the other owners may want the council to adopt the land and be responsible for its upkeep.

(Unless you want to put gates at the entrance, call it a gated development and add £100k to the value of each property.)