Land Registry & buying a property

allan154

I will try to be brief. I put an offer in on a 3 bed semi with a big side plot/garden and it was accepted. The deeds didn't match up, the side plot was missing off the deeds but the boundary line on the deeds looked strange. There use to be a brook and it was suppose to be the  boundary of the property but all zig zaggy unlike all the rest. I was told it was a voting boundary and the stream was used. To me the share and direction just didn't name sense.


The property has been owned the current owner since it was built in 1971. She said its never been registered with LR and the original deeds were simply wrong and that she owns it and gas done since it was built.

Her Solicitor applied at LR and LR amended and regjstered property as one. The new deeds now include the side plot in the property with Absolute ownership for the whole plot and property included. This took 5 months due to huge backlogs at LR.
So me thinking, time to crack on my Solicitor then says she's not happy and has concerns. She asked the sellers Solicitors for evidence of ownership prior to the application going in at LR and she wanted to see what evidence they used when submitting to LR. The Solicitor basically ignored the request from my Solicitor because in their eyes they didn't feel the need to as it has been passed registered at LR.


If I was buying the property without knowing about the plot of land not showing on the original deeds it would gave gone through without any issues but now she has raised her concerns she said it would be me who would liable if anyone came along and tried to claim ownership with say paper deeds for this plot.

I'm of the opinion that LR passed it and the sellers must gave shown some decent evidence or they'd be liable so why would anyone have concerns.
My Solicitor even said "
That's my opinion but I could be wrong." My questions are:
We're do j legally stand if my Solicitor has raised the slightest doubt and made me aware,

Could I simply change Solicitors as I am not happy with her opinion were there doesn't seem to be one and let them complete as they would only see the amended deeds so they wouldn't have reason to raise any concerns.

I desperately still want to purchase but I'm not sure how now she's raised concerns. 
Also would I be able to get indemnity insurance against anyone coming back to to chain ?.
My point been, I am not legally minded so I've not a clue what the sellers used to convince LR and get absolute granted.
If my Solicitor been over cautious/ belt and braces. If the original deeds were proved to be incorrect then there would never been a seperate deed this plot.

Any help will be greatly appreciated.  Thank you

user1977

Not all legal advice can be definite, but you're entitled to get something more informative from your solicitor than "That's my opinion but I could be wrong". Why does she think the prior titles matter? The whole point of land registration is that (generally speaking) you can rely on it, with the state guaranteeing your title, and if anybody else did come along waving old deeds claiming they've been diddled by the Land Registry, their claim is against the Land Registry, not you.

babyblade41

LR are very strict on what evidence is needed and very rare a mistake as big as this is made. 
I'm not sue why your solicitor has stated he's not happy but needs questioning .

Norman_Castle

Are there deeds for any neighbouring properties and do they match the new deeds for this one?

allan154

Norman_Castle said:

Are there deeds for any neighbouring properties and do they match the new deeds for this one?

I shall investigate that see were the adjoining boundary is, thanks. 

I think my Solicitors concerns were and still are that, she has never seen ownership documentation of the land in question and it wasn't on the original deeds hence it needed to be sorted before I could purchase the property as a whole under one deed. Now that my Solicitor has raised this issue with ourselves even after LR have dealt with the matter it seems to me it kind of protects her against her been liable at any point as she has brought the matter up with ourselves it puts the ball in our court so to speak if I decide to go ahead with the purchase. Personally I think she's simply covering her back by saying I still have my doubts. 

She has asked the sellers Solicitors could she possibly have a nosey at what they were handing over to LR as proof but they have not been forth coming so this is her only doubt, not seeing the paperwork LR have been given. She did mention that, without seeing the evidence the sellers Solicitor could possibly be using OS maps and historical information but the seller has always been adamant that the original deeds were incorrect and that she does infact own the land so she wouldn't have proof of ownership hence the reason LR sorted it.
My question is, is this normal practise to go over the evidence the other Solicitor is sending to LR to have the deed amended and re-registered ? I honestly do not know if she's been over zealous or protecting herself from any future liability

The lady bought the house before it as a new build and has lived there since 1971 before moving into a rest home. It was the last property to be built on Phase 1. Her boundary line on the old deeds was a squiggly line with the extra land in question missing on the old deeds. The boundary line on the old deeds just doesnt look right. The line was a now gone old brook and on the other side of the line/brook was (blank on deeds) nothing but fields as this was to be built on at a later date (1978). the line/boundary wasn't straight in was on a 45degree angle cutting front to back cutting through the back garden if just doesn't make sense. I later found out it is boundary line is the old Parliament borough boundary.

In 1978 Phase 2 building started so I would have a guess that someone purchased the next lot of land at a later date and carried on with the estate so why did they leave this gap ? why wasnt this bought, used and carry on ? again it makes no sense unless the lady owned it and the Phase 2 land started were her fence has been since 1971. As I said the owner has always maintained she owns it and he deeds used the old Parly Borough line not the full boundary fence hedge she purchased and were wrongly drawn up.

I must add the property has never been registered up till  August of this year

If LR were in any doubt would they not have simply granted her possessory title and covered their backs or just said no not enough evidence?. I'm in the position were my Solicitor has made me aware of her concerns still after LR have sorted the matter. She has made me aware she hasn't seen the sellers Solicitors documents they sent to LR and on that note she has concerns.

So lets just say I do decide to buy and build someone pops up with some kind of proof could LR can simply say:- 

"Hang on, were not liable for this,  your Solicitor made you aware that she had doubts at the time of purchase so you should have listened, your liable"  

because that's what my Solicitor has told me that I could possibly be liable as she made me aware of her concerns. Or is it the case that LR are fully responsible for passing the register through when they shouldn't have and they are 100% liable or do they carry a get me out of jail card I know nothing about ?. 

I have no understanding of what information LR need on their desk to grant absolute title to a plot of land but at a guess I would imagine they would need more than OS maps and old photo's. Basically I do not want to be liable at any point, that would bankrupt me. My Solicitor has told me that, if I don't purchase the property the next person who does will not have any issue's as they do not know the history of the old deeds prior to the new registration because the new deeds are clear in black & white at the LR so why should I be concerned as for me her doubts have been quelled by LR . 

I am homeowner not a developer and I don't dabble in property so I have limited knowledge of the inner workings of LR but I see it this way, the property had a land issue and LR took 5 months to sort it and granted the lady full absolute title so that would suffice. Is my Solicitor legally bound to look at the evidence or is she been belt & braces covering her own back ?. Would you think I would be liable even after her concerns ? again thanks for any help I do appreciate and listen to peoples help and advice thank you.