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Owner hasnt updated land registry with the house he has built

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can anyone help.

bit up to my neck in it today but a letter came through from our solicitor re the house we are buying enclosing the land registry plan showing the outline of what we are buying.

The problem is the outline shows the property as it was a year or so ago, except since then, our vendor has built a house where the garage was and divided the garden down the middle.

If i didnt say anything, i assume the house and garden would be mine which would be problematic. I am going to email the lawyer and cc the estate to say that the plans are out of date and the new house and land should be registered.

do you know if this can be rectified quickly as i dont want to hold up the chain too much.

Comments

  • Bananamana
    Bananamana Posts: 246 Forumite
    If you are only buying part of the title then the transfer needs to be amended to a transfer of part showing the extent of the land you are buying
  • poppysarah
    poppysarah Posts: 11,522 Forumite
    Assume nothing and make sure the legal bod is updated.
  • theartfullodger
    theartfullodger Posts: 15,709 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    OK, so he hasn't bothered to tell Land Registry (Kinda important, what a daft thing not to have done.... ). In your shoes I'd assume there's a few other things he "just didn't get round to doing like normal people do..." and I'd check absolutely everything, twice, and also check the work your solicitor is doing.

    The vendor sounds either daft, stupid or a crook. None of those three fill me with confidence. Sorry, but no Land Reg update, no deal in my book...

    Cheers!

    Lodger
  • The vendor sounds either daft, stupid or a crook. None of those three fill me with confidence. Sorry, but no Land Reg update, no deal in my book...

    Well he won't e buying the property then, will he, because the Land Registry are highly unlikely to get an updated OS extract just for OP!

    In England you never buy houses - you buy land and you generally pay more for the land if there is a house on it! The critical thing is that the boundaries of the land are right - the fact that the Ordnance Survey/Land Registry haven't updated their plans to show the buildings on it is completely and utterly irrelevant. As long as OP can check that there is/are indeed a building or buildings on that plot then he has nothing to worry about at all.
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
  • sarah_elton
    sarah_elton Posts: 2,017 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    This is slightly lacking the comic genius of yesterday's effort henpecked...
  • tawse57
    tawse57 Posts: 551 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    What about planning permission? Does this exist?

    Wouldn't want to buy something only for the Council to come along and tell you to knock it down.
    This is not financial nor legal nor property advice. Consult a paid professional if in doubt.
  • bit up to my neck in it today but a letter came through from our solicitor re the house we are buying enclosing the land registry plan showing the outline of what we are buying.

    The problem is the outline shows the property as it was a year or so ago, except since then, our vendor has built a house where the garage was and divided the garden down the middle.

    Actually, further to make the point, so often do I get buyer clients phoning up to say things like that the extension doesn't show on the plan, that the letter I send with the plan explains all this and emphasises that it is the boundaries that are important, not what buildings show on plans that could be 30 years old in some cases!
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
  • sonastin
    sonastin Posts: 3,210 Forumite
    What is the relationship between the land shown on the plan and the new house? Are you buying all of the land, and the owner of the house leases some of that land from you for some sort of ground rent? In which case, you'll need to see the lease and the plan in it that shows the land they are entitled to use.

    Or are you buying some of the land, with the remainder owned by the owner of the new house? In which case, does the plan reflect the boundaries of the land you are buying or the entire plot including land which you believe belongs to someone else?
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