Land Registry Current Title Plan Discrepancy

nickperry68

Hi
I own the lease on a maisonette with a private garden. On the Land Registry Current Title Plan the red outline indicates my garden is smaller than the area currently enclosed by the original walls and fence the developer erected to enclosed it. The ‘extra land’ could not be part of another property as there are no neighbouring properties on that side of me – just private garages (one of which forms a wall at the end of my garden).
I’ve been told by a friend that quite often the information given to the Land Registry by developers, especially when they are building an estate of new houses and flats like mine, is ‘provisional’ and usually not that accurate as it is normally provided before works are complete and that its nothing to worry about –that Land Registry Title Plans are often not that accurate and only give a rough outline anyway.
Is this true? Should I be worried about loosing part of my garden? I’d like to erect a shed and, as I have no permitted development rights, will need to apply for planning permission. Could this be denied by my council because of the boundary shown on the Title Plan?

Thank you in advance
Nick

nickperry68

I have an image of the Title Plan but can't seem to upload it
If I click on add image it asks for a url (the image isn't online)
If I drag and drop I get a message saying its thousands of characters
Its a 49kb jpeg 500x500px
Uploaded it to the net and now an told: Sorry as a new user you are not allowed to post with links. This is done to stop spammers clogging up the site. Please edit your message below to continue.

casper_g

Post a link that's broken up with spaces etc. Then someone can fix it and post the proper link.

Land_Registry

nickperry68 - when a new development takes place the developer kick starts the process with a plan of their proposed development. What your friend is perhaps alluding to here is that as with all best laid plans they can change and for a variety of reasons.

Once the development has started they will usually submit the estate plan to be approved by us, namely we match it with the Ordnance Survey we have and then wait for the various plot sales, leases etc to come in.

Each sale, lease etc then comprises a legal deed which includes a plan to show the extent of the plot, flat, maisonette. Hopefully that matches the original estate plan, the builder has built where they said they would and Ordnance Survey have surveyed and mapped the area too - everything matches.

The title plan we prepare using OS detail and the legal deed plan will then show the general boundaries only. Again this is probably what your friend is referring to as no plan will show the exact legal boundary and what is on the ground goes hand in hand with any plan.

Responsibility for ensuring that the purchased extent rests with the buyer, you. Your solicitor will never visit the property but they will normally ask you to check and confirm that what is registered matches what you are buying. The title plan should be sufficient to spot that say 2m+ land is missing for example.

So the key is to check what is registered under your own title and whether the 'extra land' you refer to is also registered. If it is but it is enclosed within your fences/walls then you should try to resolve it. How you do that will depend on who it is registered to and/or how long you have owned your property.

So
Is this true? - yes in some ways but see my explanation
Should I be worried about loosing part of my garden? - yes as whilst it is enclosed if it is registered and therefore owned by someone else there is potentially a problem. By the sound of it one which can be resolved though. and
I’d like to erect a shed and, as I have no permitted development rights, will need to apply for planning permission. Could this be denied by my council because of the boundary shown on the Title Plan? - planning deal with the size, shape and materials for example. Whether you own the land or not is not always something they would be concerned with or checking

nickperry68

Photo Link:

http [colon] //s345 [dot] photobucket [dot] com/user/nick_perry2/media/Plan_zpsaohis7pb [dot] jpg [dot ]html

Silver-Surfer_2

stator

So you added the green shading to that image to show the area that is enclosed by the garden but not showing on the LR map?

J_B

nickperry68 wrote: »

I’d like to erect a shed and, as I have no permitted development rights, will need to apply for planning permission.

Am I right in thinking that you don't need planning for a 'movable structure' on your own land? e.g a shed on wheels!

nickperry68

@Stator - Yes Spot on!

nickperry68

@JB For houses, sheds under a certain size are part of permitted development - ie you can just build them, like a small extension, with no need to apply for planning permission . Flats and maisonettes have no permitted development rights so even a shed needs planning permission. I had to apply for it in my previous garden flat. Usually, if you go by what would be allowed under permitted development were it a garden of a house, then in my experience getting planning permission isn't difficult (it just costs you the best part of £200) but part of the planning process means plans have to be submitted with drawings/maps like the one above or from OS.
Wheels could be an option though!

stator

Honestly for a shed I wouldn't bother with PP. As long as it's a 'normal' shape and size and looks like a normal garden shed it is very unlikely anyone will complain. Worst case scenario you take the shed down but that will only happen if one of your neighbours complains.