Title Plan vs Actual Boundaries

toddler9

We are currently selling our house. The buyers solicitor has raised a query regarding the shape of the front garden on the title plan from the Land Registry and the actual physical shape in real life.

Basically the title plan shows a very narrow long strip whereas in reality it is more of a rectangle which then tapers off to a path at the end. It also shows the space down the side of the house (between our gable end wall and the bordering council owned garages) to be another thin strip (of equal proportion to the strip shown at the front of the house) but in reality the distance space is about 3 or 4 meters wide.

I am going measure all the aspects tonight and provide them to the solicitor tomorrow. Do you think this “difference” between the plan and reality will be a big problem? I have read that we can get a surveyor out to measure up and provide up to date boundaries to the Land Registry? Does anyone know if this is true and how long the process would take? I am pregnant and would like to move sooner rather than later!

moneyistooshorttomention

There is a "boundary determination" process that can be undertaken to establish pretty exact boundaries. That wont be absolutely exact - I believe they allow a few inches for error. It would be more exact than the "general boundaries" the Land Registry do normally.

The standard "general boundaries" rule allows (I believe) for about plus/minus 18" either way.

Fixing a more exact boundary would cost you ....not sure how much.

G_M

If there are significant areas of land which are not included in the LR Title, but which are included in the physical reality, it might b worth doing a 'map enquiry' just to check whether they fall withing the LR Plan for a different Title (eg next door).

But LR Plans are not precise..

eddddy

Be careful you're not turning a non-issue into an issue.

Solicitors always tell their clients to check title plans. Your buyer's may just be dutifully (and over zealously) doing this.

In the first instance, I would be tempted to reply with something comforting like "Whilst the title plan shows the general boundaries, the physical boundaries are clearly identifiable on the property itself - and to the best of my knowledge, they have never been disputed by anyone. If the buyer has a specific concern about a specific boundary, please provide further details."

You may not hear anything further.

toddler9

Thank you for everyone taking the time to reply. I appreciate it.
Having come home and measured up I think the issue is more one of "perception". Yes it looks like a non existent front garden on the plan but the space/shape is relevant to the space at the side of the house on the plan which is 3m wide.

I have will provide the measurements to the solicitor tomorrow and some photographs I have taken. I will use the quote provided by "eddddy". It is a bit of a non issue really ( I hope!!) I think they think we might have "stolen" some of the neighbors front garden but the boundary hedge/ tree is very well established and has never been disputed since we have lived here.

Land_Registry

If I understand correctly it is a 3m space at the side of the house which falls outside of the registered extent i.e. the red outline on the title plan. Is that correct?

If it is then it seems likely they will come back and confirm what you have already established for yourself. But I accept it is worth asking them to be more specific.

If they confirm the same issue as the one you have already identified then they will probably ask for a statement of truth or stat dec from you confirming what you have said re your treating the land as your own, how long it has formed part of your property etc etc and/or raise the issue of indemnity insurance around the owner coming forward and reclaiming their land.

They may not of course but by not doing so when they come to sell they may have the same issue raised by their buyer and so on. But at this stage and if the buyer accepts the position their mortgage lender (if any) is likely to still have a concern and the solicitor will I believe have a duty to advise.

Your response is really a first step I suspect so it might be worth following G_M's suggestion and completing a Map Enquiry or, if you have an immediate neighbour, take a look at their title plan to see if the 3m space you refer to is actually registered to them?