Land registry document wrong

househell

We've been in our Victorian house a while and we have use of a brick built outhouse that lies at the back of next doors garden. The outhouse lies on next doors garden but is semi detached, we access our half via a doorway embedded in our garden wall. 

Neighbour has just put in a planning application which would demolish the outhouse to build on the underlying land. 

I have the original house plans from 1898 showing it was always a semi detached outhouse for use by our house, but unfortunately the deeds dont mention it and it's depicted wrong on land registry documents now I've checked, they show the outhouse as being next doors as the boundary line is straight down the garden boundary.

How can I go about rectifying this, I've no idea? land registry doc is wrong, deeds dont mention it - but I've got the original house plans from 1898 and a statement from the lady we bought the house from saying the outhouse was in her use for the full 25 years she lived here. Thanks 

davidmcn

If you've got a statement from the previous owner, that suggests it came up as an issue during your purchase - can you tell us more about that? How long ago did you buy?

Bear in mind planning has got nothing to do with ownership - even if neighbours get planning permission it doesn't give them any more right to demolish or build on somebody else's property than they already had.

househell

It didn't come up in our purchase - none of us noticed/engaged our brains over the outhouse. I got the statement off the previous owner today as I thought it would be useful to have that to try and rectify this and another neighbour is still in touch with her. We've been here several years, but the lady before us was here a long time..

AdrianC

So you never noticed anything when you bought the place, and agreed with your solicitor that the plans were what you thought you were buying...? Ultimately, it's entirely possible that the LR plan is right, and your understanding is wrong...

It's entirely feasible that at some point in the time since 1898, there's been some other agreement made which has superceded those plans. Whether your predecessor used it or not doesn't affect anything - the adverse possession procedure hasn't been followed.

A planning app doesn't require or assume ownership of the land.

househell

Between our ownership and that of the lady before us we can confirm use of the outhouse for the last 30 years (or thereabouts). 

FrugalCat

Your use of the outhouse may be listed on the neighbors deed as a covenant or something, but in any case, you're well advised to instruct a solicitor to object to the planning application with your evidence.

davidmcn

FrugalCat said:

you're well advised to instruct a solicitor to object to the planning application with your evidence.

I don't think the planners are likely to be interested in a dispute about who owns the outhouse. As above, it isn't really a planning consideration.

househell

There's no mention of it on our nor our neighbours deeds. 

Yes with hindsight it was very dumb of us not to notice the discrepancy on the land registry docs when buying. 

 I don't think im wrong on the outhouse always being ours because the original house plans depict exactly what remains there there today and the previous owner reports the outhouse arrangement being as it is now from when she first bought the house 30 years ago. Nothing in any official documents states mentions any arrangement in relation to the outhouse. 

househell

planners are deffo not interested, I'm wondering best way to rectify deeds...obvs could speak to lawyer but guess that may bankrupt us 🤦

AdrianC

So you have documentary evidence that says the LR plans have stated the current layout for 30 years... Which means it may have changed sometime in the 92 years between 1898 and 1990, you just don't have the documentation to show it.

And you agreed with your solicitor that you didn't expect it to be part of your plot when you bought your plot and agreed to the transfer of the LR map.

How badly do you want to own half a knackered shed? How much do you want to put in to trying to get it transferred?

Is next door's plot registered?
https://www.gov.uk/government/publications/adverse-possession-of-registered-land/practice-guide-4-adverse-possession-of-registered-land

househell

the reason I think the outhouse has always been ours is because it's clear when you look at it, its original Victorian built and you can see the doorways and set up are all original - and they are also what is documented on the original house plans.  next door could not use our half as they have no access to it. The outhouse is important to us as it gives us valuable storage, our garden is tiny. 
I will read through the document you have a link for 👍