Buying: Title Plan and Title Deed has no Access Rights

Thomas12346

The property I want to buy is in a small development of 10houses that was built across two existing sites/ homes in 1989. The title plan only shows the red lined outline of the property boundaries and not the rest of the development or the access road that now serves all 10 properties. There is no mention whatsoever of access rights in the Title Deed except for maintenance of sewer and hedges.

...it seems to me that if the access is not stated or marked on any plan or in the title deed, then legally were any issue to arise I would be in an uncertain situation.

This wouldn't be an issue except the property is not adjacent to the public road and so has to go over other private land/ development to access the public highway.

Does anyone have any insight on this situation?

user1977

What's the history of sales in the development? I presume it's going to be a similar position for all the properties, so if they're being sold without a difficulty over the last 30+ years....

Thomas12346

user1977 said:

What's the history of sales in the development? I presume it's going to be a similar position for all the properties, so if they're being sold without a difficulty over the last 30+ years....

...then the risk remains the same as it ever was.

What I am trying to do is quantify that risk, not blindly accept it as a sheep. I can essentially guarantee you that none of the people who previously bought in this development even took it upon themselves to independently check the land registry.

EssexHebridean

Thomas12346 said:

user1977 said:

What's the history of sales in the development? I presume it's going to be a similar position for all the properties, so if they're being sold without a difficulty over the last 30+ years....

...then the risk remains the same as it ever was.

What I am trying to do is quantify that risk, not blindly accept it as a sheep. I can essentially guarantee you that none of the people who previously bought in this development even took it upon themselves to independently check the land registry.

No, possibly not - but their solicitors most certainly will have done. 

loubel

Are you sure there's no mention of rights on the title? These aren't always written out on the register itself. I would expect it to refer to a Transfer Deed containing rights etc.

Thomas12346

loubel said:

Are you sure there's no mention of rights on the title? These aren't always written out on the register itself. I would expect it to refer to a Transfer Deed containing rights etc.

Thank you for your reply.

I can confirm that there is no mention of access rights in the title deed for any purpose other that maintenance.

However, the following is an exerp:

"The land has the benefit of the rights granted by but is subject to the rights reserved by the Transfer dated 7 April 1989 referred to in the Charges Register."

Are you suggesting that the aforementioned 'Transfer Deed' may contain access rights? Do you know how i can go about obtaining this document?

Jonboy_1984

So who does own the road and want does it’s title deed say?

Tiglet2

Thomas12346 said:

loubel said:

Are you sure there's no mention of rights on the title? These aren't always written out on the register itself. I would expect it to refer to a Transfer Deed containing rights etc.

Thank you for your reply.

I can confirm that there is no mention of access rights in the title deed for any purpose other that maintenance.

However, the following is an exerp:

"The land has the benefit of the rights granted by but is subject to the rights reserved by the Transfer dated 7 April 1989 referred to in the Charges Register."

Are you suggesting that the aforementioned 'Transfer Deed' may contain access rights? Do you know how i can go about obtaining this document?

If the title deed states that the transfer document is 'copy filed', then the Land Registry have a copy on their file.

You obtain a copy by applying to HM Land Registry using form OC2.

I think you could be a little more gracious to posters who have taken the time to respond to you with helpful advice and comments.  No need to be snippy.

Thomas12346

Tiglet2 said:

Thomas12346 said:

loubel said:

Are you sure there's no mention of rights on the title? These aren't always written out on the register itself. I would expect it to refer to a Transfer Deed containing rights etc.

Thank you for your reply.

I can confirm that there is no mention of access rights in the title deed for any purpose other that maintenance.

However, the following is an exerp:

"The land has the benefit of the rights granted by but is subject to the rights reserved by the Transfer dated 7 April 1989 referred to in the Charges Register."

Are you suggesting that the aforementioned 'Transfer Deed' may contain access rights? Do you know how i can go about obtaining this document?

If the title deed states that the transfer document is 'copy filed', then the Land Registry have a copy on their file.

You obtain a copy by applying to HM Land Registry using form OC2.

I think you could be a little more gracious to posters who have taken the time to respond to you with helpful advice and comments.  No need to be snippy.

Thank you for your reply.

Indeed the Title Register States of the Transfer "Original Filed".

The OC2 request does appear to be what I am after.

I can also confirm that other properties in the development have similar corresponding Title Registers and Title Plans i.e. without access details and with out of date base mapping. This is clearly a lazy cost cutting move by the developer.

Sarahspangles

The point of the title plan is to show the piece of land whose ownership is being registered.  It’s normal for this to be drawn on an OS plan so the boundaries relate to accurately mapped features on the ground.  Sometimes a developer’s architect/planner will overlay all the plots in the development and then each specific plot is redlined for the Register, but not always.  Matters like access are dealt with in other documents,

loubel

Thomas12346 said

"Are you suggesting that the aforementioned 'Transfer Deed' may contain access rights?"

Yes, you need to order a copy of the Transfer Deed referred to on the register to read about the rights and any other matters which affect the property.

It is the Land Registry who decides what matters are added to a register and which are referred to the original documents. This is very normal as otherwise the titles would be excessively long and verbose and harder to read.

Likewise the Land Registry prepare the title plans, not the developer. These are based on Ordnance Survey maps available at the time of registration. They may update it at some stage as it is clearly now out of date. You could probably ask them to do so once you own the property.