Land at rear of property on orginal deeds

tooldle

I think Adrian C is referring to the plan provided by your conveyancer. This plan will show (normally outlined in red) the land you bought. The conveyancer will ask you to check the plan agrees with what you were expecting to purchase.

jbeechey92

I’ve got more documents but there’s a few pages to each document so I could upload those but it would take a while to do but they might show something I’ve missed or not quite understanding that some one on here may understand more than myself, and shine some light on it for me 

thanks for the advice in advance 

tooldle

If your neighbours are using some of the allotments and believe they don't own those particular parcels of land, then why not ask these neighbours how and with whom they have arranged permission to use the land? Hopefully that question gives you the name of the allotment association / society and you can investigate who is currently responsible for the land. A few questions further and you should establish the history of the site. Looking at Google earth, I can see polytunnels and sheds, so clearly the land is occupied and utilised and hence it shouldn't be hard to establish how the association acquired the land. 
Associations normally charge a small annual fee for an allotment, but historically this may not have been the case if for example the land was associated with an employer, landlord or institute / working men's club for example.

Edited to add, allotments have gone through phases of popularity and hence it would be easy to imagine the association 'stalling' when interest was low. Fees may well not have been collected as there simply were not enough active members to organise collection and equally there may have been enough cash in the bank to cover anticipated costs. These days we tend to associate allotments with the local council, although historically many were private arrangements 

Section62

tooldle said:

I think Adrian C is referring to the plan provided by your conveyancer. This plan will show (normally outlined in red) the land you bought. The conveyancer will ask you to check the plan agrees with what you were expecting to purchase.

The point the OP is making is he thinks that plan is wrong though.

Which could be a fair point if there has been some historical error in the conveyancing.

The plan the OP saw and agreed to when they purchased the property isn't the end of it if there has been an error in the conveyancing and the plan is wrong - e.g. if it has left land previously part of that property in some kind of limbo.


The OP thinks the allotment land should be part of his property and has been missed off the plan.

He's basing that on the wording of the first recital on the 1954 deed and previous owner's use of the land.


Whereas IMV that first recital is referring to a much larger plot of land (a field) which has been subdivided and subdivided to end up with the parcel of land and house the OP now owns. So not relevant to the extent of what the OP now owns.

And given the location/assumed history, it is quite likely the allotment land never belonged to his property.


So the OP probably has no case that the land is part of his property - not only because the current registration excludes it - but because there is no obvious evidence it ever was.

His claim would appear to be based on a misunderstanding of the property's history - hence the importance for him to research/better understand the history.... and why the red line is where it is on the current plan.

tooldle

I do see your point, but the land directly behind the property is not a single allotment, but many allotments. Yet the OP talks about the previous owner tending one allotment. Some of the allotment plots seem to run parallel to the boundary with the lane and OP's property,  and others perpendicular. 
There are a good number of houses in the terrace. Quite a stretch therefore to think an error has been made in every one of these conveyances. 
Edited to add the seller would have agreed to the plan provided to OP.

GoogleMeNow

This is an example of an Official Land Registry Title Plan, which is what your conveyancer would have sent you during your purchase transaction.  You would have had to confirm that this matched what you thought you were buying.  The current (or last) Official Land Registry Title Plan supersedes any old plans and documents you have.

Some title plans do have additional colouring, so I have included a sample of the kind of colouring used (apologies for poor scanning)

jbeechey92

That’s the allotments in question each one is adjacent to the terraced houses as you can see the ive already began clearing the site, the back lane is nobody’s the lane by all accounts what my Solicitor explained was there’s a rite of way on the lane but if it was to be tarmaced each owner of the terraced houses would have to chip in and pay for it to be tarmaced, hence why im questioning the allotment directly behind my property there’s a stretch of land towards the back which is seperate and belongs to a property but that parcel of land use to be railway lines for the local colliery, just find it strange how basically each house has a perfect portion of land in line with there boundary directly behind us  

jbeechey92

That’s the Picture of the said land so easier to understand and I have had a running in with the allotment guy who’s on the land registry of that said area of land and when I mentioned I got paper work ect im not getting off unless you send me a solicitors letter to my solicitor he pretty much backed down so surely if you had true claim to something you’d fight tooth and nail for it I would 😂 

AdrianC

Section62 said:

tooldle said:

I think Adrian C is referring to the plan provided by your conveyancer. This plan will show (normally outlined in red) the land you bought. The conveyancer will ask you to check the plan agrees with what you were expecting to purchase.

The point the OP is making is he thinks that plan is wrong though.

Which could be a fair point if there has been some historical error in the conveyancing.

Tough...

The time to flag that was before exchange, when he went over the plan with his conveyancer to conform that the boundaries of what he was buying were consistent with what he thought he was buying.

The plan the OP saw and agreed to when they purchased the property isn't the end of it if there has been an error in the conveyancing and the plan is wrong

The OP registered the property themselves post-purchase. The plan the LR have is the one that shows what the OP can document that he actually bought.

If there was a previous title in the vendor's possession that covered that plot, they simply didn't sell it to the OP.

tooldle

To be clear then, you are occupying this land without consent of the owner? The owner has asked you to remove yourself from the land, and you have refused?  If correct this is a considerable jump from your opening post.
By backing away the 'allotment man' is not conceding anything. He may well be talking to a solicitor or the referring the matter to the allotment association. Do you know if the landowner and the allotment association are one and the same.
It is common for back lanes in our area to be un-assigned. We had the same with our previous house built on land originally leased from an 'Estate' that in the present day no longer exists.