Error Rectification advice please

Rainbowsend13

We have recently purchase a piece of land to build on. Our solicitor sent in the Transfer Plan - still at land registry.
We have applied for a loan, however, the loan company have told my solicitor that the Priority Search has come back showing a piece of land within our boundary that doesn't belong to us, and therefore we cannot have the loan.
How can that be when it has been fenced off since September 2011, when it was bought from a previous owner? We've just seen the Transfer plan for September 2011, and it looks correct to us, and the plan that our solicitor forwarded last month when we purchased the land, looks the same.
I think that an error has occurred somewhere prior to us buying the plot (with cash). How can a error be rectified and who should be doing this and paying for this, and how long would this take.
Any advice for a very worried couple, very much appreciated.

Gary123456790

You need to find out more about what this piece of land within your boundary. Try talking to land reg as well as searching on their website. There is also a land reg representative on these forums, if you search you should find them, they seem to be quite helpful.

Also ask the loans company for more information - its your land, so they should be able to give you some more information if you ask nicely.

ProDave

If there is indeed a bit of land not owned, then it has not yet been fenced off long enough even to win an adverse possession claim.

Will that bit stop you building if it does turn out not to be yours?

I am unclear if you have completed the purchase of the land and this loan is to fund the build?

Rainbowsend13

Pro-Dave
Yes we have completed on the land and have started building 6/7 weeks ago. Need the loan to finish the build. This query has only come about because the loan company did something called a Priority Search on Ordnance Survey Map.

It wont stop the build if the land turns out not to be ours. The land in question is a meter or so wide at the bottom of the garden where the boundary fence is. The plan that our solicitor showed us said the boundary was this fence - no other land between it.

davidmcn

Given you have a solicitor, why can't they answer your questions? Do they agree there's a problem?

Rainbowsend13

davidmcn,

They have told the loan company's solicitor that the Transfer Plan they did is correct. Doesn't solve the issue though. And if they do/if they can - a correction to Land Registry how long does it all take please?

Just looking to pick anyone's brains who has been in a similar situation please.

eddddy

Rainbowsend13 wrote: »

The land in question is a meter or so wide at the bottom of the garden where the boundary fence is.

Do you mean a 1 meter strip is on a separate title?

If so, that sounds a bit like a ransom strip - i.e. somebody sold some land but retained a small strip of land, to prevent the buyer developing the land

Rainbowsend13 wrote: »

The plan that our solicitor showed us said the boundary was this fence - no other land between it.

Title plans can be a little imprecise. If the 'dispute' is about a boundary being 1 meter nearer/further, this might not be obvious on a title plan.

Rainbowsend13

No edddy, the 1m strip (blue area highlighted by the Priority search) is on our land. Do you think that the 1 meter strip is an error? There is an actual physical 6ft fence separating our land from the neighbours at the bottom of the garden,

Davesnave

Could this strip of land, if it existed, affect your access or the provision of utilities to the plot?

If it couldn't, then surely, the matter of whether it's 'real' or not is much less important

Rainbowsend13

davesnave,

No its doesn't affect anything like that as its at the back of our plot.

Its more a fact of the loan company saying we cant have the money as they see it as not being our land.

Davesnave

Thanks. I was just ruling out any kind of ransom strip.

Your best bet is to ask for details re rectification on the Land Registry Rep's thread. Sometimes, they can speed things up to expedite a sale, so they might also give some priority fo your situation.