Extension doesnt show on title deeds

acsmith99

We are selling our house and buyers has done all searches etc.  However he says the title deeds dont show the small extension at the front of the house and he wants us to get the title deeds changed.  Our newish neighbours title deed show this extension.  How can we get this sorted??

donutandbeer

Are you saying that YOUR small extension is on your neighbour’s title deed? As in the extension was built on your neighbour’s land? 

user1977

"He says" meaning what - your buyer talking directly to you? Or is this something between the solicitors? If the latter, what is your solicitor's advice?

What does he mean by "not showing" the extension? Does he mean it is built on land you don't own? Or just that the underlying Ordnance Survey plan hasn't yet been updated to show the current buildings? If the latter, that is irrelevant and I'd hope the lawyers wouldn't be raising it.

Section62

acsmith99 said:

We are selling our house and buyers has done all searches etc.  However he says the title deeds dont show the small extension at the front of the house and he wants us to get the title deeds changed.  Our newish neighbours title deed show this extension.  How can we get this sorted??

Do you mean on the plan based on Ordnance Survey mapping?

If so, the answer is in getting the buyer to talk to their solicitor to understand that this isn't important, unless the extension is on the wrong side of the red line boundary.  It sounds more likely that the documents the buyer has obtained are just using an older version of the OS mapping.

The OS have standards when drawing their mapping, they don't show everything.  From time to time they update their mapping and issue new versions.  The absence or inclusion of a feature on one edition of an OS map isn't proof or disproof of anything.

acsmith99

The extension is within the boundary of our title deeds.  So it must be the Ordinance Survey plan hasnt been updated. The buyer is going through the solicitor and says as he has all searches done and mortgage in place we need to get this sorted on the title deeds.  He has said he wont exchange until we get it sorted.

Section62

acsmith99 said:

The extension is within the boundary of our title deeds.  So it must be the Ordinance Survey plan hasnt been updated. The buyer is going through the solicitor and says as he has all searches done and mortgage in place we need to get this sorted on the title deeds.  He has said he wont exchange until we get it sorted.

He's talking nonsense, and if that is what his solicitor is advising then he needs a new solicitor.

A title plan based on OS mapping is produced to show 'general boundaries'.  It isn't intended to show the extent of the building(s) on the land. The extension being missing from the plan is an irrelevance.

https://www.gov.uk/government/publications/land-registry-plans-boundaries/land-registry-plans-boundaries-practice-guide-40-supplement-3

I doubt LR would issue a new plan in these circumstances, but it might be worth asking the question so you can go back to the buyer with a definitive answer.

user1977

If it's within your title then what is there to "sort"? What's your solicitor saying about it?

acsmith99

Our solicitor has sent him an email explaining that it is within the boundary.  The buyer is still insisting we get in touch with Land registry to get this shown on the title deeds or he wont exchange.  

acsmith99

I will ask our solicitor to go back to LR and ask if they would issue a new plan.  We have the references obviously for us and the neighbour.

daveyjp

Some title plans are based on OS plans from the 1970s (and I've even seen them from decades before that, earliest a plan stamped 1929 which was presented for first registration) and show nothing of what has been demolished or built since.

It is not an issue with conveyancers and a new plan may not be prepared for later transfers if the boundaries have not changed.

What is transferred is land within the red line boundary, LR have no interest in any structures on the land.

Both buyer and seller may be picking up unnecessary legal costs if this is becoming an issue.  Buyers solicitor needs to advise them of this.

housebuyer143

The buyer seems so confused. I can't believe the solicitor is advising this to them.

I sold mine and the conservatory wasn't on it. It doesn't matter as the title deeds reflect your land, not necessarily what is on it. If it's contained within your land there is nothing to change.