What is registered with HM Land Registry?

Forris

Hi, apologies if this gets confusing. I'll try to explain it simply.

Our next-door neighbours (who we get on very well with) are in the process of registering their property with HM Land Registry for the first time. It is not a new house, but has never been registered.

For clarity, our house is #40, theirs is #38.

The two houses are in the middle of a row of four terraced houses. However, there is a passageway between the ground floors of 38 and 40. At the first-floor level, the front bedroom of 40 extends above the passageway, as does the rear bedroom of 38.

In the original plans, dated 1956, (I have copies of all plans and deeds relating to our property) the passageway belonged solely to #40. In 1971, the owners of the two properties signed a Deed of Rectification that changed the rights and liabilities over the passageway, so that both owners were responsible for the part of the passageway that was beneath their respective bedrooms, but with each owner having right-of-way over the other's part. It also allowed #38 right-of-way over the whole length of the passageway, from the front garden gate to the rear of the back garden.

Both us and our neighbours have known about the above change and it has never been an issue. The lawyers that our neighbours are using to register their property, having looked over our Land Registry details (which we supplied to them) are suggesting that the changes made in the 1971 Deed Of Rectification were not registered with the Land Registry. They have drafted a change to the Land Registry plans that they claim will sort out he issue for both properties and are willing to register the changes to our plans (for £100+vat plus registration charges).

We have the Charge Certificate from the Land Registry (pale blue folder). This contains the Title Plan and Register, as well as a copy of the 1971 Deed Of Rectification.

My understanding is that as the Deed is contained within the Charge Certificate, that the changes must surely have been registered, even though they are not shown on the Title Plans currently held digitally by the Land Registry.

I would appreciate any thoughts. Is the proposed change to the registration necessary, or are the lawyers just creating work (and making money) ?

ValHaller

It seems that the work is not necessary - but in your position, I might be writing to the solicitor to ask why they feel more work is required, if it is on the charges register already.

On further reflection, I suspect that this deed should be registered twice on both titles - one as a benefit to the property and once as a duty to the neighbour. It may be that it is only registered the once as a duty on your property.

You could ask the Land Registry a technical question as to how the deed should be registered on both titles. In general I would expect the Land Registry to be helpful if this question is framed in technical and process terms, but they will not advise on whether you should do anything or whether you should accept the solicitor's offer.

If anything is needed, the solicitor's offer is probably reasonable, although you might DIY

00ec25

there is an official representative from the Land Registry who posts on this board, wait and see what they say - or why not just ask the LR anyway?

Land_Registry

With regards your own property it is important to read and understand how the actual 1971 Deed has been registered. If it has been noted on the register to reflect the rectification then it seems likely that it would therefore clarify the extent as registered.

The manner in which such Deeds and in fact floor levels are or can be shown on a registered title have changed over the years, especially as technology has developed i.e. computerised mapping etc.

So the first point to clarify is what does the Deed 'do' and has that been adequately registered on your own title. The neighbour's solicitor may feel that the amended extent for example has not been specifically referred to and therefore feel that more clarification is needed?

As your neighbour's property is unregistered the Deed would simply form part of the 'deeds' or evidence of title ownership. As and when the neighbour's registration is applied for how the Deed and title are registered will depend on the application as lodged AND the details on your existing title - the crucial aspect is that the correct extents are registered to each property and this may be achievable by simply ensuring that the 1971 Deed is properly registered on both titles.

ValHaller's advice to query 'why?' they feel your title requires any change seems reasonable.

Forris

Thanks for the replies. I did contact the Land Registry at the same time that I made my original post. They got back to me really quickly, saying that after reviewing my details they do not see any need for anything further to be added to my registration details.

Our main concern is that we do not want to cost our neighbours any more money than necessary, by taking up any of their solicitor's time or causing more letters to be sent out. Our neighbours have said from the start that they will bear any costs arising from the process, and we couldn't have better neighbours, so I just want to avoid them any undue hassle.

Jeffrey_Shaw

If ownership (title) is registered, a Deed has no effect unless and until it is registered too.