Land Registry questions

rosiepots

hi I wonder if you can help me. I own a house built in 1905. The land was part of a farm. Looking at historic maps there wasn't any boundary before the house was built. My title plan and all old maps show a gap between the house and boundary. In 1989 next door built their house in the remaining part of the field. this was before we moved in. They tarmacked their drive right up to the side of our house thus the previous owners of this house owners lost the gap. we have a hedge running between our houses where said gap should be so we think the hedge belongs to us. the first owners would have had to create a boundary. 
The neighbours are now saying it was the farmers hedge and its theirs now and want to remove it! The hedge would have carried on but he removed some of a few years ago. now we didn't even realise he thought it was his until a few weeks back. we have been here 17 years. he now hacks my hedge leaning right into my garden too. 
Looking down the side of my house there are remnants of old stone work ( our house is stone) theirs is brick. how on earth can I prove its our hedge? tried emailing surveyors who never answer me. Are the title plans usually correct if they show a gap before the boundary line? Rosie

Land_Registry

rosiepots said:

hi I wonder if you can help me. I own a house built in 1905. The land was part of a farm. Looking at historic maps there wasn't any boundary before the house was built. My title plan and all old maps show a gap between the house and boundary. In 1989 next door built their house in the remaining part of the field. this was before we moved in. They tarmacked their drive right up to the side of our house thus the previous owners of this house owners lost the gap. we have a hedge running between our houses where said gap should be so we think the hedge belongs to us. the first owners would have had to create a boundary. 
The neighbours are now saying it was the farmers hedge and its theirs now and want to remove it! The hedge would have carried on but he removed some of a few years ago. now we didn't even realise he thought it was his until a few weeks back. we have been here 17 years. he now hacks my hedge leaning right into my garden too. 
Looking down the side of my house there are remnants of old stone work ( our house is stone) theirs is brick. how on earth can I prove its our hedge? tried emailing surveyors who never answer me. Are the title plans usually correct if they show a gap before the boundary line? Rosie

The first thing to say here is that whilst there’s likely to be a lot of information available, some of it registered, it’s very rare that anything is definitive. You realise that that already though from what you’ve already seen/checked 
The second thing is that such matters are often only resolved between neighbours by then sharing such information and understanding. And then agreeing a way forward. 

Title plans show the general boundaries. They are not definitive re the legal boundary. 

Sp trying to prove it’s your hedge may be impossible and the better approach might be to stop everything and then discuss, agree and both compromise as best you can.
RICS do offer a boundary resolution service but again you’d both have to still agree  

benrichards0611

Land_Registry said:

benrichards0611 said:

Land_Registry said:

benrichards0611 said:

Hi Land registry.
My solicitor is under the impression that the notice period for this case would be 65 working days. Is he mistaken?
Regards
Ben

There are notices that have 65 day timescale and he’ll know the specifics involved so no reason to think he’s wrong. We won’t know until the application is made/considered 

Thanks again for the prompt response. He has confirmed that the 65 working days is the notice period given to the sellers solicitors by the land registry in response to receiving the application. 

My main confusion comes from the fact that the 65 working day notice period is going to be served to the registered proprietor, who was born in 1909 and registered the lady in the 1930's so I likely deceased. We are therefore going to be waiting the 65 days, for a deceased person not to respond. It there anything we an do to get this notice period shortened as its almost certain (bar a man living in his home until he's 112 years old) that there will be no objection.

Many thanks
Ben

Land_Registry

benrichards0611 said:

Land_Registry said:

There are notices that have 65 day timescale and he’ll know the specifics involved so no reason to think he’s wrong. We won’t know until the application is made/considered 

Thanks again for the prompt response. He has confirmed that the 65 working days is the notice period given to the sellers solicitors by the land registry in response to receiving the application. 

My main confusion comes from the fact that the 65 working day notice period is going to be served to the registered proprietor, who was born in 1909 and registered the lady in the 1930's so I likely deceased. We are therefore going to be waiting the 65 days, for a deceased person not to respond. It there anything we an do to get this notice period shortened as its almost certain (bar a man living in his home until he's 112 years old) that there will be no objection.

Many thanks
Ben

No. If that specific notice is required then the timescale is set by legislation. It can be frustrating but the only shortening re any notice periods comes from early replies. 

And whilst your maths and age expectancy are correct if an owner has died their interest doesn’t always die with them as it passes to their estate.  

benrichards0611

Land_Registry said:

benrichards0611 said:

Land_Registry said:

There are notices that have 65 day timescale and he’ll know the specifics involved so no reason to think he’s wrong. We won’t know until the application is made/considered 

Thanks again for the prompt response. He has confirmed that the 65 working days is the notice period given to the sellers solicitors by the land registry in response to receiving the application. 

My main confusion comes from the fact that the 65 working day notice period is going to be served to the registered proprietor, who was born in 1909 and registered the lady in the 1930's so I likely deceased. We are therefore going to be waiting the 65 days, for a deceased person not to respond. It there anything we an do to get this notice period shortened as its almost certain (bar a man living in his home until he's 112 years old) that there will be no objection.

Many thanks
Ben

No. If that specific notice is required then the timescale is set by legislation. It can frustrating but the only shortening re any notice periods comes from early replies. 

And whilst your maths and age expectancy are correct if an owner has died their interest doesn’t always die with them as it passes to their estate.  

That's a serious flaw in the system. There is no possible chance of an early reply. 

Thanks again for your time 

Land_Registry

benrichards0611 said:

That's a serious flaw in the system. There is no possible chance of an early reply. 
Thanks again for your time 

From your perspective a flaw. From a legal owner’s perspective a genuine safeguard. 

Land law is complex and in England and Wales based on sound legal and tested foundations. Very important to protect the interests of all. 

benrichards0611

Land_Registry said:

benrichards0611 said:

That's a serious flaw in the system. There is no possible chance of an early reply. 
Thanks again for your time 

From your perspective a flaw. From a legal owner’s perspective a genuine safeguard. 

Land law is complex and in England and Wales based on sound legal and tested foundations. Very important to protect the interests of all. 

But in this case, the interests of the deceased

Paddyone

 Hi, @Land_Registry

In 1998 I purchased a property and a conveyance was involved as it was unregistered. Weeks later we received the HMLR document in the post from the solicitor who carried out the conveyance. Section ‘ A of the Property Register’ has three entries.

Most recently we paid off the mortgage and received an updated document however in  ‘A Property Register is four entries’ as shown below.

Entry 4. Unless otherwise mentioned the title includes any legal easements granted by the registered lease(s) but is subject to any rights that it reserves, so far as those easements and rights exist and benefit or affect the registered land.”

Why has this new entry 4 been added? What does it actually mean?

Thank you for your time.

Land_Registry

Paddyone said:

 Hi, @Land_Registry

In 1998 I purchased a property and a conveyance was involved as it was unregistered. Weeks later we received the HMLR document in the post from the solicitor who carried out the conveyance. Section ‘ A of the Property Register’ has three entries.

Most recently we paid off the mortgage and received an updated document however in  ‘A Property Register is four entries’ as shown below.

Entry 4. Unless otherwise mentioned the title includes any legal easements granted by the registered lease(s) but is subject to any rights that it reserves, so far as those easements and rights exist and benefit or affect the registered land.”

Why has this new entry 4 been added? What does it actually mean?

Thank you for your time.

Can you give me the title number please so I can check? 

Richramps

Hello @Land_Registry
I actually have a similar case to one a few posts up where a house we are due to buy has some land which isn't registered to the seller. Its registered to another gentlemen whom has passed away. The solicitors have been informed that there is a 65 working day period in which the registered proprietor can object. Given that they have passed away and i believe the land registry are writing to an address that someone else now lives at (the address on the title register) there is no way to shorten that period? What would happen if who ever now lives at the address opens the letter and replies to the land registry stating that the registered proprietor no longer lives there?

Thanks for your time. i think this is an extremely helpful thread.
Cori