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House sold & Land not registered to new buyer

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Comments

  • Thanks everyone for the advice, your comments have been very helpful.
    Looking at the land registry website we should be able to sort this out between us without much cost, all parties agree that the land was included in each sale and therefore that the piece of land can be transferred from the lady I bought from to the couple I sold to.:j
  • Land_Registry
    Land_Registry Posts: 6,128 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    Looks like you have arrived at the right conclusion.

    Intention is one thin g and the points around the contact is another whch can imply who ultimately is responsible for the error and/or sorting it out. But sometimes the easiest way is to simply 'get it done', especially as you have been lucky enough to find the original, and still the, owner who is willing to be involved. That is not always the case.

    Yes, someone will be at fault for not ensuring the land was included in the sale/transfer to you but as posted some of that fault may lie with yourselves. If your original solicitor is no longer practicing that complicates things further so it may be better to avoid extra stress/cost by working together to achieve the end result wanted by all.

    Whilst tea-bag is probably quite correct in that this is something you could say is no longer your concern. Whilst it is mainly a matter between the original owner and your own buyer to resolve you are now in the mix and if you took the approach suggested there is the risk that they might both put it in the hands of solicitors and if there is some blame to be apportioned in your direction then you may be risking more stress/costs as a result.

    From a registration perspective then the route chosen is the correct one as the legal title will have to be transferred using form TR1 along with an application form and ID forms for each party if a conveyancer is not used.

    The only part I would pick up on is that we don't need to see all the letters of intent/agreement as they are how you arrive at the legal paperwork such as the forms. The new Transfer will carry a current date so no wider explanation is required. The SDLT (HMRC) issue G_M mentions is a separate point.

    So I would suggest keeping it simple and just follow the online guidance re transferring ownership between original owner and the person(s) who bought the property but not the land.

    Note - I suspect the land was originally registered with a different class of title to the property as she mentions that it was not possible to put both plots in one title. That may no longer be the case or necessary but something for the new/current owner to sort out if they choose to.
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • Land Registry rep. could confirm on this, but those red lines on Title Plans (which is what is used to judge the extent of land purchased) are "general boundaries" and are not accurate to the exact inch. However, I believe their level of accuracy is up to 3' (ie could go 18" towards or away from where the absolute exact boundary is).

    The level of accuracy of these darn imprecise "general boundaries" however is much higher than to "within 30 feet".

    My own suspicion would be that you are looking at the original "deeds" and that, in between the original "deeds" and the modern-day "title plan" that that 30' of land got sold on to the next door neighbour.

    In your position, I'd check both sets of "title plans" (ie yours and the neighbours). Being me, I would personally also be concerned as to whether neighbour had the land legitimately or through a land grab (ie "adverse possession") or was trying to landgrab it now (but hadn't got in relevant number of years to stand a chance).

    Overall though, the most likely scenario is next door does indeed perfectly legitimately own that land, having "bought and paid" for it.
  • Land_Registry
    Land_Registry Posts: 6,128 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    Land Registry rep. could confirm on this, but those red lines on Title Plans (which is what is used to judge the extent of land purchased) are "general boundaries" and are not accurate to the exact inch. However, I believe their level of accuracy is up to 3' (ie could go 18" towards or away from where the absolute exact boundary is).

    The level of accuracy of these darn imprecise "general boundaries" however is much higher than to "within 30 feet".

    The scale and accuracy of mapping is covered by section 3 of our online guidance

    So as a general guide, the width of a line on a 1:1250 Ordnance Survey map (residential titles are normally mapped to this scale) roughly represents 0.3 metres on the ground
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
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