buying unregistered house, showing that the front garden is registered

roxhas123

Hello 
I have come across a problem with my house purchase which the solictors are trying to sort for me but just want some advice for peace of mind!
When we put the offer in for the house it was advertised rear and front garden (probate property). Estate agents and vendor has re-assured me the front garden and land on the side of the house is apart of the house. upon the solictors doing their bit they discovered the house was untitled which is fine, but then come across the fact that the front garden and side land isnt apart of the land registry map for the property. I queried this and they raised a query on it.
The orginal deeds have come back (house purchased from council in 60s so 1st owner) that the front garden and land is apart of the house. 
more digging from the solictor and its now come about that the front garden and land is registered to someone. Vendors refused to pay the money to get the deeds so we have done so. I am now worried that the land is owned by someone and no idea what to do next. My solictor has tried to re-assure me it could be a land registry map error but my gut tells me something is off. Also if it is owned by someone else will we have to buy the land from that person?? I do not understand how the land can show on the orginal deeds but now showing as registered to someone when the house wasnt?
Please, any advice would be great  

user1977

Probably because the somebody else bought the land at some point? Would probably be easier for you to get advice from your solicitor though - they've seen the deeds and we haven't.

Not perhaps a freehold/leasehold issue i.e. the "somebody else" owns the freehold to the garden but the sellers have a leasehold title to it?

roxhas123

@user1977 It was brought directly from the council and they were the 1st people to own it. as i say, its a probate propert so the people selling are only going by what their parents knew. It was advertised as freehold so i hope we havent been mis-sold? Freehold was the first question we asked when looking at it and my grandparents own the house to the side of this property and their house is freehold, as is the neighbours on the otherside? 

pumas

As it was bought from the council, ask the council, ask the neighbours about their gardens. Have seen elsewhere that councils retain freehold of gardens.

roxhas123

@pumas They all own their gardens as seen on the land registry map and also have close relationships with alot of people in the area. This is why to me it makes no sense. I am hoping its an error as my solictor said as this house is my dream home! Even when i was a little girl i always said id love to live in this house!

canaldumidi

If the garden(s) are registered, who are the registered owners?

roxhas123

@canaldumidi this is what I’m waiting to find out. Im just worried and thought I’d reach out to see if anyone else has been though this and can offer some light at the end of the tunnel with a happy outcome.. but I guess I’m just going to have to wait and see what happens when the deeds are in. It’s just causing me more sleepless nights 😔

canaldumidi

roxhas123 said:

@canaldumidi this is what I’m waiting to find out.

What's to wait for? £3 here and you'll know in 10 minutes.

roxhas123

Okay so an update - The front garden and side plot are registered to the council which has been done in error.
The House now needs to be registered before we can exchange - otherwise we risk paying for a garden that isnt ours!
Now im worried the vendors will refuse to register the house because it incurs more costs.
Im happy to pay for it as long as its done ASAP - but their solicitors have been chased numberous times since the 9th feb to sort this out, and still no response from them. Its literally exhausting and causing so many sleepless nights not to mention burning holes in my purse! 

canaldumidi

Pre-sale registration will take time, even if expedited, esp with the added complexity the erroneously registered gardens.

Are you prepared to wait?

roxhas123

@canaldumidi my solictor said she had a similar situation recently and it took 16 days, typically she said on average it takes 3 weeks, shes told we the case will definitely be expidited, We are literally ready to exchange apart from this.
Ive waited 9 months so far - wont hurt a little longer i guess, after all good things come to those who wait! (said with gritted teeth,  tears, and as much positivity i can squeeze out of me lol)