One bedroom missing from Title...

porkswagen

Hi All,
My wife and I are currently in the process of purchasing our first house. Having spent a lot of time investigating I know that there is an element of a flying freehold with the property. The said area is a bedroom that “flys” over what I understand to be a communal drive to a shared parking area and garages.
I have been looking into what this means from both a legal and mortgage lending position and have reached out to my solicitor accordingly but I am hoping to validate my question below online.
I purchased the Title for said property from the Land Registry website and on inspection I notice that there is a statement as follows:

The Freehold land shown edged with red on the plan of the above Title filed at the Registry and being xxx, xxx, xxx (RGxx xxx).
NOTE: As to the part edged blue on the filed plan the rooms over the passageway are excluded from the title.

The plan itself does indeed highlight the bedroom in question in blue. Does this mean that if I am to purchase the house, that I would not own the bedroom? I went further and purchased the Title for the property attached to the bedroom and they also don’t include this in their plan so I am rather confused.
Many thanks,
Adam

G_M

In many cases, the area over the drive would be on a separate Title, usually leasehold. There would be two linked sales of the two Titles.

Search the LR site to identify the Title relating to the driveway and building above it.

Make sure thta your solicitor isfully aware, in writing, of the exact layout of the property - remember he has not seen it, so unless told, will just arrange the purchaseof the Title you tell him to buy (ie the house without the bedroom!)

porkswagen

Thanks G_M - Will arrange a search ASAP:) Appreciate the help.

PasturesNew

There's a slim chance they sold it to next door....

porkswagen

Hi PasturesNew,

Not sure it would be the case here (I guess you never know) because I have checked the Title for the neighbor and it doesn't show up. Furthermore, there is no access to the room other than through the house we are looking to purchase.

thanks,
Porks

Land_Registry

Porkswagen - looks like the same post as one you have shared with us on our own online forum. I have replied there.

As a general point if the bedroom has been excluded from a specific title then you would expect there to be another title to complete the 'jigsaw' for example an adjoining freehold title which then excludes the driveway or states that only the first floor bedroom is included.

At the time that the properties were built the flying freehold aspect was presumably something the developer was a ware of and hence the exclusion on one title. You would then expect to see a similar and linked note on the other title unless it was still unregistered or an error had been made on registration.

porkswagen

Thanks again - I have emailed the title to you as requested