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Title Plan Boundary Error Land Registry

louise_lawler
Posts: 9 Forumite
Help. I recently applied for an extension to the side of my property, when the planning office pointed out the land we've applied to extend on isn't under our ownership on our title plan. Unfortunately we failed to pick this up when we purchased the property in 2007. The solicitor has investigated the case and advised the land is showing in our possession under our title number. I sent a letter to the Land Registry pointing out the difference between the mapsearch and the title deeds along with the plan from the first registration in 1986. But it has come apparent that the plan in 1986 was incorrect too as the fence line does not run in a square formation and they missed a section off. There is a walkway alongside my fence line for neighbours access to the rear of their gardens and this is apparent on the plan in 1986 this was all it was every intended to be but by removing the land from my ownership lends this walkway to be an extra 2.5m in depth. The Land Registry are not accepting this is as an error.
Initially I was advised to apply for adverse possession but my solicitor has advised this ordinarily applied for if the land is unregistered or registered to someone else but it is showing as in my possession.
I just need answers how to resolve this as its been 6/7 weeks now.
Thanks for any assistance
Initially I was advised to apply for adverse possession but my solicitor has advised this ordinarily applied for if the land is unregistered or registered to someone else but it is showing as in my possession.
I just need answers how to resolve this as its been 6/7 weeks now.
Thanks for any assistance
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Comments
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I think images would be a big help here.0
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It won't let me add a link for photos as a new member
and doesn't appear to give me another option to include photos. But agree it would help immensely
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photos.app.goo.gl/NKAabn2PySzDuMrf8
Here's the link
Slightly confusing that the house and plot number changed. Plot 70 but our door number is number 69.0 -
I think I can see the discrepancy - the little rectangular bit stops about level with the curved edge in the more detailed one, but continues past it on the other. Comparing the two, it looks like the detailed one has the hashed section split evenly between the two plots either side, while the less detailed one would seem to have the whole of the hash "yours". Right?
I'm guessing that's a parking space, and the hashed bit is the driveway section - so no really important difference there. I can't figure any difference in the main house plot, though...0 -
Is the planning officer basing their decision on the location/block plan you submitted with the application?
I've never known a planning officer go to the trouble to independently check a copy of the title plan at the Land Registry. Technically you do not need to own the land to submit an application or provide any proof of ownership. It is just a declaration you make that you own it or that you have notified the owners if you do not own it.0 -
I don’t know if I am missing something but looking at the house from the road, both diagrams show the front being wider, and goes narrow on the left side giving a big access to neighbours on the left. This may be a new build and planning officer might be the same and had perhaps requested larger rear access for the properties and remembered it.
Unless the op takes a real picture of his house I don’t see any difference.0 -
The complex version is from first registration in 1986 then they simplified them to the other version. The issue I have is with the boundary line down the side of my property I don’t own the extra land and planning won’t approve my application to extend on it. Whilst it doesn’t appear a significant amount it is 2.7m in width.
The walkway and the surrounding neighbourhood are as expected so we are not impacting them. But can’t understand why land registry can’t accept that this is a simple drawing issue.
Equally they haven’t advised how to fix it. Been consulting solicitor but fed up of waiting days on end everytime for responses.
I have been very patient the last 7 weeks and starting to ware thin0 -
As we thought we owned the land the application was processed under that category. One of the neighbours put in an objection so they started to question the size of the walkway and stumbled across the land not being in our possession.0
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The plans don’t show the scale. But effectively if our fence line ran from the side of our property like our title deeds, it would make the walkway over 10ft wide0
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Reading your comments back it doesn’t appear the difference is completely obvious. The land in question is to the east side of my house. The small walkway at the rear is correct and should then follow in the same proportion down the side but with the line where it is. It is lending the walkway an extra 8ft0
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