House with issues about the plot/Land Registry

pinkteapot

Considering a house, but some digging on the Land Registry site has uncovered some potential deal-breakers.

Instead of trying to explain, I've drawn a picture:

http://postimg.org/image/hpcimi829/

First problem is that the plot is unregistered; the address is listed in the Land Registry database but they don't hold title plans or any other details. I don't see unregistered land as a dealbreaker. I know it slows the purchase process and adds a big chunk to the solicitor's bill, but I understand what needs doing and would find a good quality local solicitor (not a cheap conveyancer).

Bigger problem: a couple of years ago the owners split the plot in half and built a second house. For that second house to access the road, cars pass across the original driveway, between the original house and most of its land. Not sure I want to have to look both ways to walk into the garden!

Much bigger problem: the plot for the new-build house has been registered and I downloaded the title plan. Instead of just having a right of access across the original plot, the new house actually owns half the width of the drive. The problem is that the plot of the original house is now cut off from its land. To get from house to garden, you have to walk across the other peoples' drive.

To my mind, when the new house was built, it should have had a rectangular plot and right of access across the original plot??

So, to buy this house, not only would we have to register the land (which actually looks like it would be two separate plots as there's no way to link them), but ensure we have right of access across that driveway.

My concern is someone less considerate moving in next door in the future and using their bit of owned driveway to park on (between my house and land), or putting a fence up, or whatever.

Other thing: the original plot was 1.5 acres and now each house has 3/4 acre. So next door could build other houses on their land which would then also have access via the driveway between my house and garden.

Looking at the above, it looks a bit ridiculous to consider this house but it's a beautiful house with an even more beautiful piece of land.

Can anyone see any ways around it?

There's no sold price data for no.2 (the new house). I suspect (but don't know) that the owners of no.1 built no.2 and now live in it. If that's the case, could we make them an offer on the basis that their deeds are altered and we buy the drive in front of our house, and they have right of access over it?

I know that what I probably need is a consultation with a good solicitor to find out our options, but I just wondered before forking out if anyone here has any similar experience...

zzzLazyDaisy

The house you are interested in buying is unregistered.

At the risk of stating the obvious this means that all the deeds are paper and lodged somewhere else, other than the land registry.

In order to answer your questions you need to see those deeds. It may be that there is a lease/easement addressing the issues that you raise - there certainly should be as far as the issue of the drive is concerned. It might be that this was never properly dealt with. But you will not know the answers to your questions until you (or rather your solicitor) has access to the unregistered titled deeds.

I had a very similar issue when I purchased my house, which resulted in the original lease/easement having to be redrafted as it failed to achieve the original intention of the parties and resulted in my house being effectively landlocked. In my case, this was sorted out - albeit at some expense - by the sellers. If it had not been sorted out I would have walked away.

No-one on here can answer your questions. If you are serious about buying the house, ask for a copy of the easement relating to the drive and get your solicitor to give you some proper advice.

pinkteapot

Thanks for the feedback - I thought that might be the answer but thought it was worth a try.

Strapped

Wait until the owners of #2 house have 8 kids, who all play up and down the drive and leave their bikes/toys scattered across it. Nightmare. Wouldn't touch with someone else's bargepole.