Changing a border with the land registry

Kim_uk2017

Hi, 

We're in the process of buying a house where the border on the title plan is different to where the current fence is. We've got a copy of planning documents from 15 years ago which shows the current fencing/border has been in place for at least 15 years so it appears that the title plan just needs updating with the land registry. 

Unfortunately, we've dealing with very uncommunicative solicitors on both sides so having a lot of trouble finding out what kind of delays this will cause!

Does anyone have any idea what sort of timescale we've looking at to get the title changed with the land registry? All the info I can find online refers to changing names on title deeds instead. 

Thanks.

UnderOffer

Are you gaining or losing land? Does it involve negotiations with neighbours? 

Kim_uk2017

Gaining land. There's a field at the back of the house that's council owned. At some point the fence has been moved outwards into the field but appears to have been done at least 15 years ago without being challenged. As far as I know there's no negotiation with neighbours needed. 

Slithery

Kim_uk2017 said:

We've got a copy of planning documents from 15 years ago which shows the current fencing/border has been in place for at least 15 years so it appears that the title plan just needs updating with the land registry.

Planning permission has nothing to do with land borders, they might have built the fence on someone else's land.

Who does they other land belong to and do they agree to the change in boundary?

babyblade41

This isn't as easy as updating land registry I'm afraid.
Facts have to be gathered first... you will have to through due process which may mean the OS people come out and neighbours informed if there will be objections .

There's a lot of work to do to get this to fruition unless there is a paper trail with proof 

Land_Registry

As babyblade posts this isn’t a simple/quick process as it reads as if the sellers have essentially taken possession of someone else’s land. That can happen quite legally but just moving a fence doesn’t simply mean the title us updated to include the extra land. 

Have a look at our PGs 4 and 5 for guidance 
https://www.gov.uk/topic/land-registration/practice-guides
I assume sellers are applying to register their claim. If so they need to request expedition or it will wait months. 

It will still take time as they need to satisfy the legal requirements in a statement of truth, site has to be surveyed and owner/neighbours have to be contacted. All of that, which happen in stages, is likely to take 8/9 weeks in a very best case scenario