How do I change a Land Registry map

kitkat6

Hi All, I bought a new build house in Sept 2021. The developers sent the plot map to our conveyancer who sent it on to Land Registry who have just issued the documents. It appears that just after this the developers put in a planning amendment which was granted in Feb 2022 which extends the property line in my favour in front of the house. This means that the Land Registry map is now wrong. How do I get this fixed? Do I go directly to Land Registry? Thanks 

kitkat6

Hi all, I bought a new build house in Sept 2021 but the Land Registry documents have only just arrived. However just before completion, the developers without our or our conveyancers knowledge had put in an amendment to the local planning office changing the area in front of our house. Permission for this was given in Feb 2022. I have just received the Land Registry documents and the map does not include this change. What can I do? do I need to contact Land Registry about this and try and get the map changed? Thanks

loubel

You'd be better off starting your own thread rather than adding to an old one on a different topic.  Regardless, I'm not clear what this change was? It sounds like the land transferred to you remained the same but that it was the appearance of something that changed. If so, that wouldn't be shown on the land registry plans. Or are you saying that the developer took back some of your land after completion?

loubel

You need to select "create post", but as you've already posted you might be able to ask the moderators to move it by reporting your post instead.

So you exchanged contracts to buy a certain piece of land and went ahead with completion of that land which has now been registered. But somewhere along the line the developers decided to give you a bigger garden and you now want to know how to get that registered to you as well?

Can you explain more about how/why the developer decided to give you more land. When did they tell you (after exchange or after completion?) and when was your solicitor told? Was any paperwork provided to support this? Who currently owns this land?

Section62

kitkat6 said:

Hi All, I bought a new build house in Sept 2021. The developers sent the plot map to our conveyancer who sent it on to Land Registry who have just issued the documents. It appears that just after this the developers put in a planning amendment which was granted in Feb 2022 which extends the property line in my favour in front of the house. This means that the Land Registry map is now wrong. How do I get this fixed? Do I go directly to Land Registry? Thanks 

Two things here - firstly the plans the LR produce are based on OS mapping and represent "general boundaries".  They aren't an accurate representation of the exact position of the boundary.

Second, a change to the planning consent doesn't, by itself, change land ownership.  The land you own is that which was conveyed to you originally. The developer (or someone else) will still own the land affected by the change.

If the intention was for this land to be part of your property then you'll need to ask the developer (or someone else) to transfer it to you.  And that transfer is what would trigger LR (indirectly) to update their records.

Are you sure the intention of the planning change was to give you more land?

user1977

What's actually on the "extra" bit of land?

kitkat6

Two things here - firstly the plans the LR produce are based on OS mapping and represent "general boundaries".  They aren't an accurate representation of the exact position of the boundary.

Second, a change to the planning consent doesn't, by itself, change land ownership.  The land you own is that which was conveyed to you originally. The developer (or someone else) will still own the land affected by the change.

If the intention was for this land to be part of your property then you'll need to ask the developer (or someone else) to transfer it to you.  And that transfer is what would trigger LR (indirectly) to update their records.

Are you sure the intention of the planning change was to give you more land?

To your last point yes, it was the developer who put in the planning permission, the boundary had changed several times during the buying process and I lost out each time. The small piece is the end of our (private) road directly in front of the house.

kitkat6

user1977 said:

What's actually on the "extra" bit of land?

Nothing, it is a part of the private road

Sarahspangles

kitkat6 said:

user1977 said:

What's actually on the "extra" bit of land?

Nothing, it is a part of the private road

It doesn’t sound like you bought that bit though, if completion of your purchase pre-dates that change in the proposed boundary. Was the conveyancing firm aware that there was a proposed boundary change?

Also, the developer doesn’t need planning consent to sell you land, it may suit their purposes to redraw boundaries once and use the same plans for the planning permission but ownership in this context is not something that the planners take into account.

Flugelhorn

when neighbour registered her house for the first time (in the 1990s) it was clear that the plan the LR had was incorrect with bits of land assigned to the wrong houses. Her solicitor who was also a friend of ours got it sorted with the LR who sent us new plans, we had a bit of laugh over which plants had ended up in the "wrong" garden - signed the plans to say that they now matched what was on the ground and that was it. 

Section62

Sarahspangles said:

Also, the developer doesn’t need planning consent to sell you land, it may suit their purposes to redraw boundaries once and use the same plans for the planning permission but ownership in this context is not something that the planners take into account.

It depends on the circumstances.  If the land was necessary for something else (e.g. part of the highway) then planning consent for a variation may be required. Although in this case the road isn't being adopted, there are circumstances where land may have been allocated for one use (e.g. as a service strip) and to convert it to private garden may need consent for the change.

I agree with the key point that the ownership of the land and planning consent are generallly separate things, and one doesn't automatically change the other.