Issue with Title Plan

AtchinTan

Hi All, I’m not quite sure whether this is the most appropriate place to post this and apologise if it’s in the wrong category.

I have recently purchased some agricultural land in Wakefield, South Yorkshire. The site is served by a private access road build by Yorkshire Water Limited on land owned by the people who’s land it crosses. Adjacent fields served by the same road show the respective portion of the road included within their title however the land we purchased fails to show the section of road within the title, or for that matter any other title. The land was sold and included the deed of grant of easement signed by previous owners of the land allowing Yorkshire Water to build the road on that portion of land and in turn giving the owner the right to use it.

Does the deed of grant of easement prove that the land under the road belongs to the same land in the title I purchased and can I petition the Land Registry to amend the title document to reflect this.

Regards
Declan

Davesnave

AtchinTan wrote: »

Does the deed of grant of easement prove that the land under the road belongs to the same land in the title I purchased and can I petition the Land Registry to amend the title document to reflect this.

The existence of an easement in favour of yourself works against you doing this, because an easement cannot be granted to an owner across their own land. That would be illogical.

davidmcn

AtchinTan wrote: »

Does the deed of grant of easement prove that the land under the road belongs to the same land in the title I purchased

No, it proves that your land has a right of access over the road. Didn't you get any advice about the title at the time you bought?

AtchinTan

Sorry I may not have been clear. The Easment is between the previous owner of the Land and Yorkshire water, granting Yorkshire water an easment accross my land. The plan attached to the easment shows the entirety of the site, including the road, whereas the title plan shows everything minus the road.

G_M

Does the road appear in a different Title Plan owned by A. N. Other?

AtchinTan

No the land isn’t shown on any registered title and is crossed only by a public right of way. Vehicular access along the road serves only the Yorkshire water property detailed in the easment and my land.

G_M

AtchinTan wrote: »

No the land isn’t shown on any registered title and is crossed only by a public right of way. .

Thre's a public right of way across, or along, the section of road on the land which you believe is yours but which is not on your Title Plan?

AtchinTan

Yes a public footpath crosses the road.

Tom99

Contact the Land Reg and explain the situation. They will tell you what is needed:

https://www.gov.uk/government/publications/rectification-and-indemnity/practice-guide-39-rectification-and-indemnity

Land_Registry

So your title refers to a Deed of easement granting Yorkshire Water a right of way over your title and other land
If so then that does not mean you own the other land

I assume that the Deed does not include any definition or details which would enable you to identify who that owner might be
If the other land is unregistered there is no central record of who owns it. Trying to identify who does will come down to your own detective work.

Mistral001

You own the land on which the lane sits as you bought the land. The easement is a separate matter which one must assume is still in place and Yorkshire Water can legally travel over your land as they did prior to you buying the land. If they did not have this easement then you could quite legally refuse them access to the lane as it is on your land.

If you have any doubts about this see your solicitor who did the conveyancing for you during the land purchase. It is part of their job.