Advice please

Jones254

Hi all,

Im selling my home (England). My solicitor picked up that my garden isn't on the land registry title.

I believe I can claim the garden as my own but is there an error with the land title? If I raise this to the council am I highlighting an issue  and then I won't be able to claim the land?? Should I just apply through my solicitors?

 

greatcrested

Speak to your solicitor.

You could claim via adverse possession (see details here).

If you alert the council that would invalidate the claim.

It's also worth doing a map enquiry here with the Land Registry to see if that area of land is registered at all, and if so who owns it.

The alternative is to follow up the possibility (probability?) that it was an error at the time the council sold the property(s), but that would involve the council.......

Land_Registry

Check if the land is registered first. If it’s not check the basis of your own registration which would probably include the original conveyance/transfer from the council to first private owner. That would indicate transferred extent 
https://www.gov.uk/get-information-about-property-and-land

Based on what you have posted it seems you know it’s unregistered already and not in your registered extents so jump to stage 3 by checking the conveyancer/transfer - you’ll need to read register first. 

If it wasn’t included then the adverse possession route is the one to take 

Jones254

Land_Registry said:

Check if the land is registered first. If it’s not check the basis of your own registration which would probably include the orig8nal conveyance/transfer from the council to first private owner. That would indicate transferred extent. 

Based on what you have posted it seems you know it’s unregistered already and not in your registered extents so jump to stage 3 by checking the conveyancer/transfer - you’ll need to read register first. 

If it wasn’t included then the adverse possession route is the one to take 

Thanks land registry!

The map enquiry looks like its unregistered.

It is only my house marked in red, no land. I can't believe I didn't notice this when I purchased it! 

I have looked on Google earth and can see that there has been a garden since as far as the photos go back. 

Land_Registry

Jones254 said:

Land_Registry said:

Check if the land is registered first. If it’s not check the basis of your own registration which would probably include the orig8nal conveyance/transfer from the council to first private owner. That would indicate transferred extent. 

Based on what you have posted it seems you know it’s unregistered already and not in your registered extents so jump to stage 3 by checking the conveyancer/transfer - you’ll need to read register first. 

If it wasn’t included then the adverse possession route is the one to take 

Thanks land registry!

The map enquiry looks like its unregistered.

The 1995 conveyancer / transfer paperwork copy I have been given when I purchased the house doesn't have a garden on the map and 'all that is marked in red' it is only my house and front garden marked in red. I can't believe I didn't notice this! 

My neighbour has shown me his 1995 conveyancer/transfer paperwork and weirdly they have a marked back garden 'marked in red' but the map also shows 3 other houses having an outline of a back garden. This isn't shown on my map which is really weird. 

I have looked on Google earth and can get photographic evidence that there has been a fenced garden since 1999 so I have sufficient evidence for an adverse possession claim. 

It just all seems very strange! 

It’s not strange in my experience. A plan is created for a variety of reasons so if your plan shows your property and front garden edged in red that’s what it was used to show. What other lines exist are irrelevant usually and just what we’re on the base map used at the time. 

Your neighbour’s deed plan isn’t weird as the outline if a back garden is just that, an outline on a plan. His deed plan will be specific to whatever it was meant to show, presumably the the extent of the land/property being conveyed. 

From what you have said it seems the council conveyed the build8ng and front garden and not the land to the rear. The owners have since occupied the rear land and used it as a garden. If that’s the case and the land remains unregistered you appear to have 2 choices. 

1. Go to the council to see if they have evidence to show they still own it and ask them to transfer it to you; or
2. Make an application us8ng adverse possession to register it in your name based on your years of use/occupancy etc
By the sound of it option 2 is the one you want so speak to your solicitor and get things moving. 

I note you may have also posted on one of our GOV.UK/blog articles looking for wider comment/advice. If so, and whilst I understand you are trying to get as much advice as possible, I’d encourage you to get legal advice now. 

Getting lots of advice and comment can be helpful if all the same or consistent. But this is your property, your land and your very specific set of circumstances. Specific legal advice based on your specific evidence is the way to now go. Good luck 

Jones254

Thanks land registry! Very helpful. Any idea on average how long the adverse possession route takes? I imagine covid has held thing up a bit. 

Land_Registry

Jones254 said:

Thanks land registry! Very helpful. Any idea on average how long the adverse possession route takes? I imagine covid has held thing up a bit. 

Several months. As you are selling/buying you need to get an application in and then ask for it to be expedited. 

Expedition will reduce the initial wait time caused by a backlog and Covid to less than 2 weeks. 

It will also help re speed between stages but you are still look8ng at several weeks wait in my experience. There are 3 main stages 
1. Stat Dec/ Statement of truth - have you provided the facts needed to show you have taken legal possession of the land. If yes then move to 
2. Site visit/survey usually with 2 weeks of stage 1 being passed. Report provided confirming stated facts. If yes move to 
3. Serve notices on neighbouring landowners, which could include council. They are given time to respond, usually 3 weeks. If they say Ok or don’t respond then the registration can be completed 
So with a best case scenario it still looks like a couple of months timescale if you go the Adverse possession route. 

Jones254

Thanks for your advice and for putting some of my mind at rest! 

maddesigns

Hi, I am purchasing a property and my solicitor has asked my vendors solicitor, as part of enquiries, to apply for the Land Registry to have an entry at point 1 of the Charges removed from the title register, this was on the 17th September 2020. To date we are still waiting for this amendment to happen. This is holding up exchange of contracts for the whole chain. Should this amendment be taking this long? My  solicitor keeps chasing the vendors solicitor and they say, they haven't received it yet? Thanks in advance for any help with this

Land_Registry

maddesigns said:

Hi, I am purchasing a property and my solicitor has asked my vendors solicitor, as part of enquiries, to apply for the Land Registry to have an entry at point 1 of the Charges removed from the title register, this was on the 17th September 2020. To date we are still waiting for this amendment to happen. This is holding up exchange of contracts for the whole chain. Should this amendment be taking this long? My  solicitor keeps chasing the vendors solicitor and they say, they haven't received it yet? Thanks in advance for any help with this

Can only assume there is an issue with the application either we asked for more or wider checks are needed. Either solicitor should be able to check online for you using their secure portal to confirm progress or otherwise 

maddesigns

Thank you for your reply. I will ask my solicitor to check on line. She has said to me, that the vendor's solicitor need to chase and not her? Is this just legal etiquette, or avoidance?