Mistake on title plan when buying property

davidmcn

AdrianC said:

The title plan IS what you're buying. End of.

What you think you're buying from what you see on the ground may differ.

If there's a really marked difference, it might be that there's another title - perhaps it used to be two properties, still  on separate titles?

S_A_Hall said:

S_A_Hall said:

Thank you for all your swift responses! I did a quick look on the website to request the title plan for next door and it says that they don't have a record of a title plan registered for that property. My partner has access to the land registry map and checked to see if next door was registered on there and it looks like it isn't.

I don't understand how it works but surely it would just require the vendor to contact the Land Registry and ask for the boundary to be changed? I'm not sure what counts as evidence in this instance but the fact that the boundary cuts through an open-plan living/dining area that has been lived in by the vendor's parents for 50 years should be evidence enough that it's incorrect. 

I should clarify, on the map it shows the bit of the property that we're purchasing that is missing as unregistered, along with the whole of next door's property.

...and there y'go.

You're buying two titles. One is registered, the other is unregistered. They should be able to provide the deeds for the unregistered portion. Whether you push for them to register pre-exchange is up to you.
Pro - certainty.
Con - delay.

That depends what the OP means by "on the map" - I am guessing they mean the LR's mapping system just shows "here be dragons" outside the registered title, not that the vendor has produced anything to suggest they've also got an unregistered title. Though they might, of course.

S_A_Hall

davidmcn said:

AdrianC said:

The title plan IS what you're buying. End of.

What you think you're buying from what you see on the ground may differ.

If there's a really marked difference, it might be that there's another title - perhaps it used to be two properties, still  on separate titles?

S_A_Hall said:

S_A_Hall said:

Thank you for all your swift responses! I did a quick look on the website to request the title plan for next door and it says that they don't have a record of a title plan registered for that property. My partner has access to the land registry map and checked to see if next door was registered on there and it looks like it isn't.

I don't understand how it works but surely it would just require the vendor to contact the Land Registry and ask for the boundary to be changed? I'm not sure what counts as evidence in this instance but the fact that the boundary cuts through an open-plan living/dining area that has been lived in by the vendor's parents for 50 years should be evidence enough that it's incorrect. 

I should clarify, on the map it shows the bit of the property that we're purchasing that is missing as unregistered, along with the whole of next door's property.

...and there y'go.

You're buying two titles. One is registered, the other is unregistered. They should be able to provide the deeds for the unregistered portion. Whether you push for them to register pre-exchange is up to you.
Pro - certainty.
Con - delay.

That depends what the OP means by "on the map" - I am guessing they mean the LR's mapping system just shows "here be dragons" outside the registered title, not that the vendor has produced anything to suggest they've also got an unregistered title. Though they might, of course.

'Here be dragons' on the LR map and no registered title for the adjoining property. The vendor has only supplied us with one LR title plan (which covers the garden and kitchen) but nothing else. So apart from the fact that all of their stuff is in the bedrooms/study/living room (which aren't covered by the title plan they've provided) we don't have anything to indicate they own it (I'm obviously not doubting they do, they're great and it's tricky as it was their parents' property so no doubt they don't understand it either). 

bouicca21

Pre-registration my parents kept their deeds in a fire proof box.  Your vendors maybe have to hunt through the property to find just where the deeds To the unregistered bit are stored.

AdrianC

S_A_Hall said:

If they have lost the deeds then that's where I'm not sure what happens as surely they don't have the legal right to sell it and our mortgage & survey is based on the whole property, not just the registered part. 

There are ways to register land with no deeds.
https://www.gov.uk/government/publications/first-registration-of-title-where-deeds-have-been-lost-or-destroyed

S_A_Hall

AdrianC said:

S_A_Hall said:

If they have lost the deeds then that's where I'm not sure what happens as surely they don't have the legal right to sell it and our mortgage & survey is based on the whole property, not just the registered part. 

There are ways to register land with no deeds.

I came across that too but I'm not overly hopeful that would be processed before our mortgage offer expires.

Either way, I feel much clearer about what probably needs to be done on the seller's part and questions to ask our solicitor.

Thanks for your responses, everyone.