Landlock nightmare after Split Title error

TinyClanger1973

Just over two years ago we bought a farmhouse which originally formed part of a farm.  The Title Register was split between the farm and farmhouse.  However, having finally receiving confirmation of the farmhouse's registration, we have discovered that we are landlocked across the entire front boundary of the property because land that should have been registered with the farmhouse is not.  It is still with the original farm's title.

Thankfully the farmer agrees there's been a mistake, but to rectify this it's going to cost £2K.  Understandably, we're not happy as this should never have happened and we feel we're being charged to essentially correct the conveyancer's mistakes.

Has anyone experienced similar? If so how did you deal with it?  Did you look into claiming for negligence?

user1977

Well, for starters is it the conveyancer's error? Do you have a different solicitor now? Where does the cost of £2k come from?

I'm not sure what "landlocked across the front boundary of the property" means - is the property simply landlocked or is there a more subtle problem?

RHemmings

@user1977 has answered your question already. I will just say: count your blessings! This could have been so so sooo much worse. Please send the farmer a really nice Christmas present. 

Dustyevsky

At what point were you shown the title plan, and when you saw it, did you agree it reflected what you considered you were buying?

Hoenir

TinyClanger1973 said:

Has anyone experienced similar? If so how did you deal with it?  Did you look into claiming for negligence?

Conveyancer rarely views the property. Onus therefore is on the purchasers to confirm to the conveyancer that what they are expecting to buy conforms to the title plan. 

RHemmings

Is it the case that this is the first sale of the farmhouse as a separate property? And if so when was the title plan first available to see?

This might be a different situation from a standard purchase where the title plan is available to see at any time before and during the purchase process. 

LightFlare

Sounds a bit like this “old” thread:

https://forums.moneysavingexpert.com/discussion/6504741/can-anyone-get-their-head-around-this-situation/p1

TinyClanger1973

user1977 said:

Well, for starters is it the conveyancer's error? Do you have a different solicitor now? Where does the cost of £2k come from?

I'm not sure what "landlocked across the front boundary of the property" means - is the property simply landlocked or is there a more subtle problem?

Same solicitors.  This came to light when we were looking at more detailed plans, following receiving the registration confirmation, to arrange a vehicular easement with the farmer.  We have a footbridge to the front boundary too, which we understood went directly on to the road, after the original conveyancing queries.  This was checked thoroughly.  But obviously not so, because there's a strip running the entire length of the front boundary to the road which is still with the farm, essentially we now have no pedestrian access to the house. 

The solicitors have checked with Land Registry and they've come back saying it isn't their mistake it was according to solicitor instructions.  But there is nothing any of our Title Plans to indicate the strip.  The farmer's documents are identical to ours.

We've been advised to do a transfer which will cost the sum mentioned. 

user1977

TinyClanger1973 said:

user1977 said:

Well, for starters is it the conveyancer's error? Do you have a different solicitor now? Where does the cost of £2k come from?

I'm not sure what "landlocked across the front boundary of the property" means - is the property simply landlocked or is there a more subtle problem?

Same solicitors.  This came to light when we were looking at more detailed plans, following receiving the registration confirmation, to arrange a vehicular easement with the farmer.  We have a footbridge to the front boundary too, which we understood went directly on to the road, after the original conveyancing queries.  This was checked thoroughly.  But obviously not so, because there's a strip running the entire length of the front boundary to the road which is still with the farm, essentially we now have no pedestrian access to the house. 

The solicitors have checked with Land Registry and they've come back saying it isn't their mistake it was according to solicitor instructions.  But there is nothing any of our Title Plans to indicate the strip.  The farmer's documents are identical to ours.

We've been advised to do a transfer which will cost the sum mentioned. 

Still not very clear what went on - this is where seeing the plans would help. "Checked thoroughly" by whom and how?

"a transfer which will cost the sum mentioned" meaning the £2k would be your legal fees, or what?

theartfullodger

Did you not look at the plans and see the problem before you purchased?? If not why not, please?

TinyClanger1973

RHemmings said:

@user1977 has answered your question already. I will just say: count your blessings! This could have been so so sooo much worse. Please send the farmer a really nice Christmas present. 

We agree.  We're very fortunate we get along.  He's quite annoyed because he has no interest in the land and both solicitors had advised we had direct access on to the road which should abut our boundary.  Instead, our boundary now is behind a strip retained by the farm.