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Land Registry title plan boundary error

@Land_Registry - We are purchasing a property with 2 parcels of land; one with a registered title and the adjacent plot unregistered. The vendors own both parcels of land.  The registered title since 2022 & the unregistered plot since 1976.  

It has come to light during conveyancing the title plan to the registered land is incorrect, as the wrong line was used to de-mark the boundary between the plots was used on first registration in 2002.  This results in an ‘overlap’ of the registered land with the unregistered land. We have been advised by our solicitor, and we agree, this will make first registration (post completion) of the unregistered adjoining land complicated and an unnecessary risk to us as buyers.

We have raised the issue with the vendors solicitors and asked them to submit an application to Land Registry to rectify the title plan prior to completion. We presume the vendors solicitors can request a expedited ‘fast track’ application to amend the land registry title plan due to it holding up the sale of the property and putting the chain at risk of collapsing.  

@Land_Registry
please confirm this expedition would be accepted and the likely timescale required to amend the land registry title plan and the subsequent delay to exchange of contracts & completion. After which we will register the unregistered plot, do foresee any potential complications with this registration?


Comments

  • Section62
    Section62 Posts: 7,489
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    magnet75 said:

    This results in an ‘overlap’ of the registered land with the unregistered land.

    How much of an overlap is there?  A few metres, or much more?  Are you aware the boundaries shown are 'general boundaries', the lines shown on the plan are not exact.

  • Keep_pedalling
    Keep_pedalling Posts: 16,193
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    Are you buying both plots of land? If you are I can’t see that there is any real risk to you.
  • magnet75
    magnet75 Posts: 8
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    @Section62 it is the boundary between the plots of land it is a defined boundary with a deed of rectification issued in 1990 clearly indicating the boundary in question.  There is a survey plan linked to the deed of rectification  in the bundle of conveyancing documents.  The overlap is by a number of square metres.  
  • magnet75
    magnet75 Posts: 8
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    This is a close up of the property we are purchasing.  The red line is the registered title and the highlighted line is the line from the deed of rectification of the plot of land with the house on.  It is complicated! 


  • user1977
    user1977 Posts: 13,315
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    As above I'm not sure why the overlap matters, if the boundary between the two plots is all within "your" land?
  • magnet75
    magnet75 Posts: 8
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    @user1977 our solicitors have informed us it is a significant issue due to the ‘house’ land been unregistered and you can’t register land that is already registered.  We don’t want to end up in a complex expensive legal situation where we are unable to register the unregistered plot.
  • Section62
    Section62 Posts: 7,489
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    magnet75 said:
    Section62 it is the boundary between the plots of land it is a defined boundary with a deed of rectification issued in 1990 clearly indicating the boundary in question.  There is a survey plan linked to the deed of rectification  in the bundle of conveyancing documents.  The overlap is by a number of square metres.  
    Ok thanks, that is more complicated than the usual kind of boundary query we get here.

    It might be worth asking the question whether the vendor getting the first registration completed might be easier/quicker to do than getting the title plan amended.

    On the face of it if both plots of land are in the same ownership then the risk of objection has to be somewhat lower.  Are either of the plots subject to covenants?
  • Land_Registry
    Land_Registry Posts: 5,740
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    magnet75 said:
    @Land_Registry - We are purchasing a property with 2 parcels of land; one with a registered title and the adjacent plot unregistered. The vendors own both parcels of land.  The registered title since 2022 & the unregistered plot since 1976.  

    It has come to light during conveyancing the title plan to the registered land is incorrect, as the wrong line was used to de-mark the boundary between the plots was used on first registration in 2002.  This results in an ‘overlap’ of the registered land with the unregistered land. We have been advised by our solicitor, and we agree, this will make first registration (post completion) of the unregistered adjoining land complicated and an unnecessary risk to us as buyers.

    We have raised the issue with the vendors solicitors and asked them to submit an application to Land Registry to rectify the title plan prior to completion. We presume the vendors solicitors can request a expedited ‘fast track’ application to amend the land registry title plan due to it holding up the sale of the property and putting the chain at risk of collapsing.  

    @Land_Registry
    please confirm this expedition would be accepted and the likely timescale required to amend the land registry title plan and the subsequent delay to exchange of contracts & completion. After which we will register the unregistered plot, do foresee any potential complications with this registration?

    There’s no real Q re expedition as that’s a given if there’s a linked/dependent transaction. And expedition generally means it’s looked at within 2 weeks. 
    After that it all depends on what’s being applied for and what supporting evidence is provided. If it’s not clear cut then time can be lengthy but if all clear and obvious then hopefully not. 
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to [email protected] This does NOT imply any form of approval of my company or its products by MSE"
  • magnet75
    magnet75 Posts: 8
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    @Land_Registry many thanks for your reply, we will ask our EA and solicitor to get the vendors solicitor to submit a fast track application to rectify the title plan
  • magnet75
    magnet75 Posts: 8
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    I think we’ve made progress, vendors solicitors submitting a fast track application to Land Registry on Monday 😊
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