Land registry - vendor doesn’t legally own part of the garden

J66998821

Thanks. Yes unfortunately we were too trusting this time 

Woolsery

Slithery said:

For any future prospective properties bear in mind that you can download the title plans instantaneously from the LR website for £3 before even deciding whether or not to view. It would have saved you months of messing around in this situation.

And it's often very handy to check on things like neighbour's boundaries. For example, near neighbours claim to own a part of the B class road here. Checking on their title plan they appear to be absolutely correct!

user1977

Woolsery said:

Slithery said:

For any future prospective properties bear in mind that you can download the title plans instantaneously from the LR website for £3 before even deciding whether or not to view. It would have saved you months of messing around in this situation.

near neighbours claim to own a part of the B class road here. Checking on their title plan they appear to be absolutely correct!

Quite commonplace. They do realise it's pretty irrelevant that they "own" it, for as long as it remains an adopted highway?

markin

Is the access to this land could it have a house built on it by A's kids if A is not alive.

J66998821

It’s tricky, in theory no because there’s no road access but the land is next to a main road so if you took the fence down you could make an access point though I don’t know how or whether this would be possible with the council etc 

Woolsery

user1977 said:

Woolsery said:

Slithery said:

For any future prospective properties bear in mind that you can download the title plans instantaneously from the LR website for £3 before even deciding whether or not to view. It would have saved you months of messing around in this situation.

near neighbours claim to own a part of the B class road here. Checking on their title plan they appear to be absolutely correct!

Quite commonplace. They do realise it's pretty irrelevant that they "own" it, for as long as it remains an adopted highway?

I'm not sure what would happen if they or the next owners decided to store materials or vehicles there, for example. It's not essential to the use of the road, but having it clear makes things easier and safer. Ironically the council re-surfaced it last week, while leaving a similar part of the road they own where I live completely untouched. I don't think they know or care what's adopted.

user1977

Woolsery said:

user1977 said:

Woolsery said:

Slithery said:

For any future prospective properties bear in mind that you can download the title plans instantaneously from the LR website for £3 before even deciding whether or not to view. It would have saved you months of messing around in this situation.

near neighbours claim to own a part of the B class road here. Checking on their title plan they appear to be absolutely correct!

Quite commonplace. They do realise it's pretty irrelevant that they "own" it, for as long as it remains an adopted highway?

I'm not sure what would happen if they or the next owners decided to store materials or vehicles there, for example.

Exactly the same as if they didn't have title to it. It doesn't give them any rights (or obligations) over the road.

J66998821

Just a thought - is there any way to find the original owner of the land. For example, if they had died or moved away from the area of could be a good indication there could be no claim on the land? I have their name but that’s it. I don’t necessarily want to contact them, just find out where they went. Would the land registry have this information? 

user1977

J66998821 said:

Just a thought - is there any way to find the original owner of the land. For example, if they had died or moved away from the area of could be a good indication there could be no claim on the land? I have their name but that’s it. I don’t necessarily want to contact them, just find out where they went. Would the land registry have this information? 

Well, is the land registered? You suggested upthread that it was, but not sure whether you meant to be that specific. If it is then the LR will know who the registered proprietor is (and you or anybody else can easily find that out), if it isn't registered then they won't.

J66998821

Yes half the land is registered in the name of X, but the house and the other half of the land is registered in the name of Y. I do have the name, but for obvious reasons don’t want to go on local groups asking about Y. Was wondering if there was a way to find out if Y was still in the area etc. Fornexample if I found out that Y was a builder I would have more concerns about them using the land than I would if I found out Y moved 200 miles away. I don’t know? Looking for a way that this could potentially not be an issue???? Argh what a mess