Land Registry question - unregistered property

Pluto_24

Land_Registry said:

Pluto_24 said:

Land_Registry said:

Your ‘risk assessor’ is your solicitor and tbh it’s not entirely clear what your issues are - probably just my reading of things. 

You say all your searches have confirmed the property/land is unregistered. You refer to an overlap though with your neighbour and that land being registered to the neighbour - those two statements conflict one another so you need to be sure whether that land is included in the sale/unregistered deeds or not. 

If it isn’t then it’s the neighbours as already registered so no risk. However if you are saying it is included but already registered then that is something to resolve either by completing and registering your purchase but without that land. Or the seller explains/sorts it before you complete. 

The sub station access will be clear from the deeds. The ‘risk’ as you put it presumably isn’t an issue unless you have plans for the access land which can’t go ahead because of the right of access. And if the seller has built over that access then there’s clearly an issue to resolve or assess with your solicitor. 

Thank you. Your understanding of our concern is correct, which is how we register the land given the red boundaries in the deed if there's a conflict with the neighbour's registered land. But it sounds that you can simply register it by omitting that piece of land.

Correct - the application has to make it clear what’s being registered for the first time. Check out form FR1 to see how that’s defined on application - there a few ways of doing it. 

Issues will arise if you apply to include land that’s already been registered which could trigger contact with registered owner or we’d simply exclude it on registration 
And as far as understanding risks go IF you are buying with a mortgage often the lender has first say on which ‘risks’ can be taken and that often decides whether the seller has to register first or not. It’s not always your choice if borrowing to secure the property 

Many thanks that has been very useful 😊👍🏼