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property deeds

Barnaby
Barnaby Posts: 71 Forumite
Part of the Furniture 10 Posts Combo Breaker
edited 23 February 2015 at 5:45PM in House buying, renting & selling
Hello
I recently paid off my mortgage and while going through that process it was spotted that as I had purchased in 1986 it wasn't registered. Since 1990 it is a requirement that property be registered.

My Problem:- after doing the registry and agreeing the property boundaries someone looking at different maps in their office has come back and asked for another deed of purchase, there should be 2 with this property.
In the early 70's British rail closed and sold a single track line that ran behind the houses. All the houses on either side of this track purchased this extra land so that each garden back butted up to each other. The agreement was BR would only sell to one home owner who would then split it up the middle sharing it to each house for a cost then of £20 each and if all didn't agree there would be no sale.

Although some neighbours have this 2nd deed and purchase invoice it was never mentioned to me by my solicitor probably as the property boundaries fence the complete site along with all the neighbours in fact you would never know it wasn't always like that.
My house deeds were held in the Bank for safe keeping and have only just been released to the Land Registry to enable its registry.

My present solicitor say not a problem as you have had it for that period since 1986 I have ownership but they will have to do the legal bit costing some £700 - £900.

What options do I have as it is explained that on house sale this could issues. The solicitors who did the original conveying no longer exist. The original sole purchaser who apportioned the land has died and BR can't find their records of the original sale.
I suspect the BR route is of no use as they sold the whole piece of land as one piece.


Any one got any suggestions or do I just have to pay up and shut up.


Best
Thanks for reading.

Comments

  • Land_Registry
    Land_Registry Posts: 6,316 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    Seems as if there are two options available.
    The adverse possession route which your solicitor appears to be suggesting whereby you claim ownership after some 19 years of occupation or you try to identify the original sale to a neighbour and try to get the land transferred to you now.

    I assume that the first registration recently lodged is applying to simply register the extent to which you have title to as far as the original deeds are concerned.

    As you already appreciate trying to unearth what happened back in the 70s might be quite tricky although I would suggest, seeing as some neighbour's have title to the land, that it may not be too tricky if you are able to identify a neighbouring title and then trace the details back for an insight into who did transfer each piece and which property they owned. The current owner(s) of that property may be able to help instead?
    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"
  • Barnaby
    Barnaby Posts: 71 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Thanks LRl, That's exactly what I have done but sadly the original single purchaser who then split it between all the houses has passed away and the solicitors that did all the work no longer exist either.
    So while I have the deeds to the "house and some of the land" the extra land deed has gone missing.
    Seems I will have no option but to pay the fee.


    Thanks for your help.
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