Land Registry questions

Jimbob_me

https://forums.moneysavingexpert.com/discussion/comment/81959498#Comment_81959498

Thanks for the reply.

Yes the option we took to use a deed of Rectification to amend the boundary was supposed to be our way through this situation but it's looking like it hasn't worked.

From a conveyancing perspective, do you think we have scope to try and persuade our buyers solicitors to proceed with the completion on the basis that the boundary will be fully rectified in due course once my neighbour registers her land?

user1977

is it not possible simply to remove the relevant portion from the OP’s title if it’s been over-registered? It sounds like it was registered in error but I’m not sure why it seems to be vital to get the neighbours involved.

Land_Registry

https://forums.moneysavingexpert.com/discussion/comment/81959511#Comment_81959511

Always worth asking but to be honest if there is a mortgage involved then the conveyancer and lender are very unlikely to say yes re completion until the identified issues is resolved.

Land_Registry

https://forums.moneysavingexpert.com/discussion/comment/81959614#Comment_81959614

One for OP to comment on in specific terms as it appears they have been given a response to their conveyancer's application to register a deed of rectification re the registered extent.

In general terms if they've drawn up a deed then the error was not in the original registration but in the deeds submitted. And secondly a deed of rectification is not in my experience capable of amending the registered extent. To amend that you generally have two choices, both relying on prescribed forms, namely a transfer of land or a claim as to ownership (adverse possession).

Hopefully the OP can confirm the specifics for you re what's involved re their specific application as each and every such application would be treated on merit.

Jimbob_me

https://forums.moneysavingexpert.com/discussion/comment/81960484#Comment_81960484

Hi, thanks for your reply.

Basically our solicitor cannot find any form of deed or supporting document that was used in the registration of our property in 2006. So nobody really knows where this boundary has come from but it it clearly wrong, the roofline shows exactly where the correct boundary is, as well as the physical wall that runs up the garden. The incorrect boundary also runs half way through my neighbours living room. Now im no expert but obviously we dont own about 2m of my neighbours roof and then straight down 2m through the rest of her house. Its just very clearly an error.

Below is the existing (wrong) title plan.

Below is the new proposed (correct) boundary.

I will find out exactly what land registry have said to my solicitor tomorrow, they will outline why the deed has failed to rectify the boundary and possible next steps. However i am desperately worried that nothing will be able to be done at this late stage, although we can ask for extensions to mortgage offers.

My neighbour doesn't have any supporting deeds for her land either, so the new plan that i had drawn up (above) and has been signed off on by myself and my neighbour basically represents the first time in recent memory that a correct boundary has actually been defined between the properties. And yet land registry wont accept that?? Just seems crazy.

Land_Registry

All noted and appreciated but land law and meeting the registration requirements can appear 'crazy' but both requirements exist and are genuine

I'm not going to second-guess the specifics of your application or our response as it would serve no purpose as you already have an explanation from us issued via your conveyancer.

The key point here is that there is no error re the registered extent and that is why an amendment is not possible in the way you envisage or have applied for. A deed of rectification won't achieve that either in law or from a registration perspective.

I hope that our letter gives your conveyancer/you sufficiwent information to decide the correct

Jimbob_me

https://forums.moneysavingexpert.com/discussion/comment/81960869#Comment_81960869

So I've now had a the correspondence letter back from land registry, it states that the current title plan was registered correctly in accordance with the deeds lodged at the time. I was told by my solicitor that they could not find any deeds used for the registration of my property, but lo and behold a conveyance document does exist and I have requested it. Effectively the reason why the deed of ratification was unsuccessful and cancelled was because the title plan matched the original deed and therefore there was nothing to actually rectify.

Where we stand now is that the current boundary is wrong versus the title plan. The title plan shows we own more of the garden than we originally thought.

I'm not sure how this might effect our sale but I am hoping that the fact there is no longer a title defect will help in our favour.

Land_Registry

https://forums.moneysavingexpert.com/discussion/comment/81961205#Comment_81961205

The 'defect' still remains on the ground so you have at least taken a step forward re what the correct options are to resolve the matter

Jimbob_me

https://forums.moneysavingexpert.com/discussion/comment/81961229#Comment_81961229

The defect now is just a physical line the garden being in the wrong place. I'm hoping that my buyers solicitors (who originally stipulated that the title defect be rectified before completion can take place) will now be happy to proceed based on the fact that there is no title defect as originally understood.