HELP !!! Title Deed/Conveyancing plans query

James_Richard

Just a quick question - If a conveyancing plan from a developer has a "warning to house purchaser" disclaimer on - stating the plan is for illustrative purposes only can it be used in relation to dimensions? 
Also If the plan signed as part of the TP1 does not have dimensions or a method of measurement on. Any drawing produced after this with dimensions say for example 2 years after the original purchase can be considered a completely new drawing am I right in assuming that?  

davidmcn

Might help if you explained why you're asking?

"Can be considered a new drawing" in what context?

James_Richard

Apologies for any confusion. I purchased a new build last year and have been occupying it ever since happily until the developer said they want to move the boundary as they believe its in the wrong location. 
This being said the title deed depicts a physical feature fence/kerbline and the title deed can not be used for a dispute over 300mm strip across the plot (6m2 in total) as the accuracy is to the nearest metre I understand.

The developer wants to use a "conveyancing plan" which has been produced 2 years later than the original plan was drawn up and was only produced after a site survey was carried out. 
But looking at the conveyancing plan they have produced with dimensions on there are multiple dimensions which do not line through with what has been constructed on the ground when asked the question the developer said they are not interested in any other dimensions on the plan and only want to use the one relating to the boundary position. 

Also by considered a new drawing I mean. The original signed document was a A3 drawing scaled down twice to an A4 sheet. There was no method of measurement on to indicate how that drawing could ever be used for measure anything off, So if that drawing is now produced with dimensions on two years later that could have been amended at any point in that two year period. 

davidmcn

So your Land Registry title currently shows the legal boundary corresponding with what the Ordnance Survey have mapped as the physical boundary?

How far do the developers want to move the boundary feature, and why?

James_Richard

The Land Registry title deed shows a physical feature which runs along the boundary of my plot. So from using that everything is in the correct location and as you cant use the title deed to get an exact position they boundary position should not be able to move. 
They have gave no reason only they believe it is in the incorrect location - they produced a drawing but then gave 3 different measurements which they wanted to move it all of which don't coincide with the dimensioned drawing they produced. 

I'm worried encase they are trying to pressure me into agreeing to give up a strip of my land but then I feel as though I've been mis-sold the property all physical features were in place before I reserved the property. Where does it end 10 years down the line will they knock on the door and say sorry our mistake your front garden is actually ours and I'm expected to hand it over?  

greatcrested

You own what the LR TitlePlan specifies you own.

LR Plans are at such a scale as tomake it usually impossible to be precise regarding boundary locations - hence the warnig that "you cant use the title deed to get an exact positio".

However, where you can positively relate the Title Pla to a physical object on the ground, that should be sufficient to prove where the boundary lies.

Retrospectively moving the boundary based on some other Plan is not possible.

James_Richard

Just so I have a better understanding of how this process works i hope someone can share some knowledge on the below. 
Developer sends a conveyancing plan to land registry 
Land registry look for those same physical features on an OS map and the boundary is plotted to produce the title deed. 
So even if the developers conveyancing plan line is 400mm out because they refer to the physical feature the same one which is picked up on the OS map. That is the boundary? 
Because land registry can not be precise and state its to the nearest metre anything under a metre cant be disputed is that the right or wrong understanding? 

Tiglet2

When you come to sell in the future, the buyer's solicitor will look at the official Land Registry Title Plan and ask the buyer to confirm that the boundary (red line) on the Title Plan matches the boundaries shown on the ground (i.e. what they saw when they viewed the property).  So, if you don't want there to be a problem in the future when you come to sell, your land needs to be a close match to the official Title Plan.  The plans the developer gave you are for illustrative purposes only and would not be deemed to be official on a sale in the future.

James_Richard

The title deeds are as per whats on the ground in terms of the physical features the developer is trying to say they need to move the 300mm strip along the entirety of the plot but looking at land registry is shows a physcial feature and I would therefore assume that up to that physical feature is my plot. With land registry only being up to the nearest m I cant understand how the developer is claiming that theres a 300mm mistake on their behalf 

Uptown_Boy

A picture paints a thousand words ... can you take a Google Earth view of the location and mark on it the existing boundary per the LR title deeds and what the developer is wishing to do? (Then post a link to it in a reply here ... I shouldn't have to make that obvious, but ................ )

James_Richard

Google earth is not updated it just shows the marshland which was on the site previously. Not sure when they get updated ive been in the house over a year now. Is there an alternative option ?