House title plan query

Chicken_dips

Hi everyone, after some advice. Currently going through the process of purchasing our property, we have received our mortgage offer and searches have been applied for. We downloaded our own copy of the title plan, which shows that we don’t actually own the land to left of the property, which is currently part of the garden and has been since it was built in 1999, from what google images show (I have attached photos for reference). I have contacted the solicitor today and they said that looking at that title plan, it seems we aren’t purchasing the land to the left, however she is going to raise this as an enquiry, as you can clearly see it’s attached to the property. Luckily, it is a corner plot, so is unlikely to be taken over by anybody else, but where do we stand regarding this? If that land isn’t registered, how easy is it to register it? 

 Thanks in advance.


The Red line to demonstrate where it's cut off from the left of the property



Left of the picture is the front of the property. The the top of the picture is the left of the property where it's not included on the title plan, but is apart of the property

Comms69

One option adverse possession
But you could always buy the land separately? (i wouldnt as it seems no-one is going to claim it, if they havent for 21 years)

Chicken_dips

Thanks for your advice. I'll wait to see what my solicitor comes back with but agree, no one will be claiming the land. My concern is obviously we are paying for the house under the impression it included the land, and I guess am worried we wouldn't obtain ownership of it. Its good to see there are other avenues and options for us

greatcrested

Who would you buy it off....?

Do a 'map enquiry' at the Land Registry to see if it is registered separately and if so who owns it.

But I suspect if anyone does it will be the council (or developer) or whoever owns the road to the left.

Adverse possession seems the route to take since it has been clearly fenced off and used as if owned by your seller, presumably for 11 years. One more year to wait, but get a 'Statement of Truth' from the sellers to say they have used it continuously as their own since 1999. See

https://www.gov.uk/government/publications/adverse-possession-of-1-unregistered-land-and-2-registered-land/practice-guide-5-adverse-possession-of-1-unregistered-and-2-registered-land-where-a-right-to-be-registered-was-acquired-before-13-october-2003

Chicken_dips

Just done a map enquiry and shows that it isn't registered, when clicking on the property it didn't yield any relevant information. I'm guessing adverse possession is going to be the logical route, but the solicitor has also raised enquiries, so will wait to see what comes back on that also. The vendor has only lived in this property since 2014, but can see the property has been like this since 1999, so unsure on who would have owned it back then. Wouldn't that make it 21 years, not 11? Not sure if that makes any difference.

davidmcn

Clearing some of the vegetation (and the fenced area at the side) seems to have been done since 2012 (the last time the Google Streetview car went past) so it's possible they've bought the land from whoever has it and it hasn't yet completed registration. But not much point in speculating, just wait to see what they say.

Chicken_dips

I have had a response from the vendor, they are happy to provide an indemnity policy. They have also provided a copy of the statutory declaration that they received when purchasing the property, which goes back from year 2000, and are happy to provide the same for us.

Would this allow us to go down the adverse possession route once we own the property, or are we best to try and get this done before purchasing ?

greatcrested

Chicken_dips said:

I have had a response from the vendor, they are happy to provide an indemnity policy. They have also provided a copy of the statutory declaration that they received when purchasing the property, which goes back from year 2000, and are happy to provide the same for us.

Would this allow us to go down the adverse possession route once we own the property, or are we best to try and get this done before purchasing ?

get a 'Statement of Truth' from the sellers to say they have used it continuously as their own since 1999. See

https://www.gov.uk/government/publications/adverse-possession-of-1-unregistered-land-and-2-registered-land/practice-guide-5-adverse-possession-of-1-unregistered-and-2-registered-land-where-a-right-to-be-registered-was-acquired-before-13-october-2003