How do I change a Land Registry map

System

This discussion was created from comments split from: Land Registry.

silvercar

Paging @Land_Registry

Land_Registry

silvercar said:

Paging @Land_Registry

When you bought you bought what’s confirmed in the transfer of part (form TR1) which we then register. 

If the size and shape of your plot has then changed and the developer has included more land you need to get them to transfer the extra land to you. Same process again. 

We can’t simply Change a map to include less or more as land needs to be transferred 
I’d suggest speaking to the conveyancer who acted for you on the plot purchase 

kitkat6

Thanks Land_ Registry I have tried to get the conveyancer involved but they just say that the plot plan is what the Developer summitted. I exchanged on the 23rd and the Developer filed for planning permission (ie showing the larger plot size) 2 days before (the 21st) exchange. This then took 5 months to be approved. I was not informed of this planning permission by the Developer.  However my plot is mentioned directly in the planning permission title so to me it is obvious that this is what was intended.

Sarahspangles

kitkat6 said:

Thanks Land_ Registry I have tried to get the conveyancer involved but they just say that the plot plan is what the Developer summitted. I exchanged on the 23rd and the Developer filed for planning permission (ie showing the larger plot size) 2 days before (the 21st) exchange. This then took 5 months to be approved. I was not informed of this planning permission by the Developer.  However my plot is mentioned directly in the planning permission title so to me it is obvious that this is what was intended.

If you want this additional piece of land then it will have to be covered by a further transfer. There will be costs involved for the conveyancing and registration fees.

I suppose you could make a case that the developer should cover these costs. It sounds like the developer wouldn’t dispute that their intention was for it to be included in your plot in their final version of the layout of the estate. However you’d already bought your plot before that point and maybe you and the developer will each need to agree to cover your own costs.

Land_Registry

kitkat6 said:

Thanks Land_ Registry I have tried to get the conveyancer involved but they just say that the plot plan is what the Developer summitted. I exchanged on the 23rd and the Developer filed for planning permission (ie showing the larger plot size) 2 days before (the 21st) exchange. This then took 5 months to be approved. I was not informed of this planning permission by the Developer.  However my plot is mentioned directly in the planning permission title so to me it is obvious that this is what was intended.

Understood but there’s no direct link between planning permission and registration. It reads as if they’ve applied for planning permission on a bit of land they own and you don’t yet legally own as still registered to the developer. 

If so then Sarahspangles has explained what’s needed as them applying for planning doesn’t mean your legal ownership changes. 

And if it’s part of the road it’s unclear why you think it’s part of or extending your property. Presumably the planning application explains why they applied 

loubel

If the developer didn't tell you about their planning application it seems unlikely that they were intending to sell you this extra land. Given you also say that the land is part of the road why do you even want it?

kitkat6

I live at the closed end of the private cul de sac and the only way I can pull out of the garage is to go over this piece of land. However the other Residents can use it. If I owned the land they couldn't block me. I know it sounds unlikely but I have previously had a problem with the residents of the house next door. When this happened I showed them the map that I thought had been sent to Land Registry. Now I find that I do not own this small piece of road and they will probably leave cars in this space again. As it is a private road I believe I can't get them to move. I guess my question is do you think my conveyancer should look into this?

Section62

kitkat6 said:

I live at the closed end of the private cul de sac and the only way I can pull out of the garage is to go over this piece of land. However the other Residents can use it. If I owned the land they couldn't block me. I know it sounds unlikely but I have previously had a problem with the residents of the house next door. When this happened I showed them the map that I thought had been sent to Land Registry. Now I find that I do not own this small piece of road and they will probably leave cars in this space again. As it is a private road I believe I can't get them to move.

It depends what rights each of you have been given over the land.  If it is a right of way only then people other than the owner(s) can drive (or walk) across it, but can't park there.  The owner has additional rights, but cannot park on the land if this would obstruct the RoW.

Whether or not you own the land makes little difference if someone else who doesn't have the right to park there decides to park there.  You can ask them nicely not to, but if that doesn't work then you have to consider going down a legal route.

kitkat6 said:

I guess my question is do you think my conveyancer should look into this?

If you are sure you don't own the land in question then the starting point should be to talk to the developer to see what they plan to do.  There's no point you incurring costs with a conveyancer if the developer has no plans to sell.

That though assumes the land isn't yours already - isn't there a possibility the land formed part of what was originally transferred to you?  How have you checked the extent of your ownership?

loubel

If you have rights of access then they aren't allowed to block you in whether or not you own the land itself. Could you put a sign on your garage reminding people not to obstruct and speak to them if they do so again?