Land registry lease plans

sluisdejesus

So the title split saga continues... Having some lease plans drawn up so the new titles can be made but I'm having trouble with the surveyor - I'd love some opinions on whether I'm the one being thick or if I need to channel my inner 'Karen'...

Bit of a back story, when the house was purchased there was a (very annoying) gap of about 4 inches between the porch and the fence that stood. When the neighbour built their porch they did so against ours - done in a day only noticed afterwards. As she got on with the neighbours and there was no plan for them to move, my mother didn't challenge it and it was left as it was (she's now wishing she'd told them to knock it down and do it properly). Anyway, fast forward a few years and trying to get these plans drawn up to officialise the split of the house into 2 flats. Having a back and forth with surveyor who I'm not sure is understanding the situation. I'll attach some photos for clarity (arrow shows where the boundary is and how porch and wall are encroaching, lease plan is self explanatory.

sluisdejesus

Also, very old photo of original sale listing - note annoying leaf collecting gap between porch and fence. Also different colour wall helps to distinguish...

Slithery

sluisdejesus said:

So the title split saga continues... Having some lease plans drawn up so the new titles can be made but I'm having trouble with the surveyor - I'd love some opinions on whether I'm the one being thick or if I need to channel my inner 'Karen'...

Until you tell us what 'trouble' you are actually having with the surveyor then that's an impossible question to answer....

sluisdejesus

Slithery said:

sluisdejesus said:

So the title split saga continues... Having some lease plans drawn up so the new titles can be made but I'm having trouble with the surveyor - I'd love some opinions on whether I'm the one being thick or if I need to channel my inner 'Karen'...

Until you tell us what 'trouble' you are actually having with the surveyor then that's an impossible question to answer....

Of course... been back and forth via email since before plans were drawn trying to rectify them but they're refusing to change them. I predicted that there might be an issue with the boundary because of the encroachment so followed up the visit with pictures and explanations but I've had no luck in getting them to understand. I've redacted our last 4 emails for reference (surveyor in bold, me in italic)

"I’ve had a look over the plans and there are some amendments that need to be made. As my mother mentioned, there are some boundary issues regarding number y’s porch. Also all of the fences (front and back, both sides) are within number x’s boundaries. After consulting the original land registry plans I believe that the boundary line should follow that of the main house - the bold one - to keep things consistent."

"With regard to the boundaries, this has already been taken account of in the plans. Properties of this age and type are built with party walls of 300mm. This is shown on the plans. Therefore I have drawn the boundaries (and the porch) to correspond to the line of the party walls between this property and the adjacent properties."

"I understand your point about the thickness of the walls. The problem does not lie within the measurement of the structure but the fact that the neighbour’s porch and front wall have encroached into the boundaries of number x and my mother is keen to make sure that it is kept on legal documents that the land on which they sit is indeed still part of number x. I understand that if the structure is allowed to stay this way then it will not be able to be challenged but for the sake of getting the leases completed and the top flat sold she won't be dealing with that dispute right now. I’m not sure if you had a chance to look at the photos my mother sent over office email but I am happy to resend them if needed. I’m also more than happy to have a chat over the phone if it helps with explaining."

"The lease plans have been drawn with regard to the property x. I would think that a lease plan is not the right type of plan to record such encroachment. I have attached a plan showing the extents of the property, x free of charge which you may find useful. In respect of any encroachment by another property, you should take further advice from a suitably qualified legal advisor as to how best to deal with this. It may be that you will require a plan of property y which shows how the property encroaches on x. However, as stated above, you should take further advice from your legal advisor in this respect."

eddddy

I think you're saying that the neighbour has built part of their porch on your land.

I guess you can just give the neighbour the land by having a kink in the boundary line (see below). But the neighbour's deeds won't show the kink - I don't know if that's a problem.


Maybe it's more of a question for your solicitor than your surveyor. Explain to the solicitor that the neighbour's porch encroaches on your land - so what's the best way of regularising the situation - so you and the neighbour will be able to sell without any problems.