Title Plan Incorrect

Reece24

Hi all,

I am currently going through the process of purchasing a mid terraced house, everything is almost done and ready to exchange contracts etc but the only thing currently holding this up is the Title Plan.
I know they are not exactly 100% accurate etc but we raised it with our solicitor that on the plan, there's a small square bit at the bottom of the garden isn't included for some reason. From viewing the house, images of it and even google maps this block should be included, it would bring the back garden level with the other houses on the street and behind the garden is just an alleyway. The vendor has full access to the end of the garden and has a shed here?!

Does this sound like just a general mistake on the land registry? We are awaiting to hear from the vendors solicitor who were contacting them.

Cheers

davidmcn

It might be correct i.e. the sellers don't own it. Or they might own it but registered under a separate title (has anybody checked?). May as well just see what the answer is rather than us speculating though.

getmore4less

The council planning portal can be useful sometimes as it has some boundary information and any planning applications sometimes have maps that explain things no on title plans.

Reece24

davidmcn said:

It might be correct i.e. the sellers don't own it. Or they might own it but registered under a separate title (has anybody checked?). May as well just see what the answer is rather than us speculating though.

I believe our solicitor raised it and her solicitor took over a month to even acknowledge the issue, it doesn't sound like she has any paperwork regarding a separate title.
Like you say, will see what comes back from the queries.

davidmcn

Is it a big deal? If we're just talking about a relatively small area at the bottom of the garden, worst case scenario is that you lose it. More of an issue if something is built on it or you need it for access.

AdrianC

The plan is more likely to be accurate than your understanding of what is included.

Or, to put it another way, the plan IS absolutely accurate in that it shows what the title covers. If there is no additional title covering that area, then the vendor doesn't own it, no matter how "included" it appears to be on the ground.

Reece24

It wouldn't bother me at all if it wasn't included and we lost it, the garden is fairly large and the small square is pretty insignificant for us. It just seems odd that it may  not be owned by the current vendor considering all the other back gardens are the same size etc.

princeofpounds

It is unlikely to be a mistake, but it might be a historical anachronism.

A few possibilities:
- could be land related to some public utility function (sewer, communal coal shed, WC or bread oven, telegraph pole whatever)
- could be land retained by a historic vending party to ensure preservation of the benefit of covenants
- could be that someone sold a shed with access to the alleyway to a third party that's now no longer used.
could be other things... hard to say.

There's two issues here, one of boundaries and one of title. You're right that boundaries on plans are just a general indication, but in the absence of alternative boundary features that match this square that's not really the issue. The issue is more whether valid title exists to that square and someone else owns it. If it's been exclusively enclosed for long enough, then to be honest it's probably 'yours' under adverse possession anyway, even if someone else digs up a historic title. 

So whilst you shouldn't go into this expecting that you own it, I'd suggest that the chances are good that - de facto - you do. 

I'd want to make the enquiry, it's good due diligence even if it doesn't turn anything up. Also, a bit of digging is in order - use the land registry map search function to find out adjacent titles and see if one is registered for this plot. Also, go back in historic maps (many are now digitised) and see if you can identify any features it may relate to. 

greatcrested

Have you done a 'map enquiry' at the Land Registry to see if there is a separate Title covering that land, and if so who owns it?

To be honest, posts like this amaze me. When I see a property I like the look of, I download the Title and Plan before even going for the first viewing! For the sake of £6 it gives you all sorts of infomation to consider when viewing, and throws up any anomalies or concerning covenants to take into account when deciding whether to buy!

Reece24

greatcrested said:

Have you done a 'map enquiry' at the Land Registry to see if there is a separate Title covering that land, and if so who owns it?

To be honest, posts like this amaze me. When I see a property I like the look of, I download the Title and Plan before even going for the first viewing! For the sake of £6 it gives you all sorts of infomation to consider when viewing, and throws up any anomalies or concerning covenants to take into account when deciding whether to buy!

Sorry I wasn’t aware to do this being a first time buyer, live and learn I guess :-)

Reece24

I have done a map inquiry on the land with a 5 metre radius which lead me downloading the title plan for both neighbors out of interest but neither of plans include the piece of land, I've included a screenshot of the title plan of the property I'm purchasing just for reference, had it confirmed the solicitors are chasing the Land Registry.