Urgent Land Registry Request

Heather2012

Hi @Hermann,
Thanks for your help. The actual fence is where the black line is, there is about 0.5m of land behind the garage. I haven't seen the plans for the house because the deeds were held by the Halifax and then, when vacated, were sent directly to the solicitors. It's the solicitors that have submitted the application.

I'll take a look at the neighbours title plan online. Looks like it's £7 now from land registry.

Thanks

Heather2012

The title plan for the property at the back is very old and our garage and conservatory is not even on the plan so difficult to say where their boundary is. However, I think if anything it follows the red line on the map above Which makes me wonder where the grey lines on that map even come from? Red square is house at the back. Yellow cross is our house:

Land_Registry

Just to add to what I posted before and which may help to better understand the basis/use of the plans you have shared.
The extract you have shared is from the title plan for the property/title edged in red
The black lines are Ordnance Survey lines added after the area has been surveyed - solid lines are a feature over a foot in height so a wall, fence, hedge etc. The pecked lines are under a foot in height so kerb edges, paths etc
And before you ask the cross hatched ones are usually greenhouses or similar features 
If you look at the title plan it will have a ring stamp which includes a date eg 8/69 (August 1969). That stamp indicates when the specific title plan was mapped on the OS detail available at that time. It doesn't mean the OS detail was from 1969 but you know the OS mapping was done pre Aug 1969.
Title plans are not updated every time something changes such as a new garage or extension be that on the actual registered title or one that's on the same plan.
Remember the title plan is mapped to show the registered extent/general boundaries. It's not there to define precisely the size and shape and existence of buildings/features within the general boundaries/registered extent.
That's why when you are buying a property your conveyancer often gives you a copy of the title plan and asks you to check and confirm that what's being sold 'fits' inside the red outline
And just to emphasise what I said in the previous post re MapSearch - that service is not to confirm the registered extent/general boundaries. It is simply to enable the user to identify the title number(s) they need to then check. 
The conveyancer acting for the buyer has the option to check both title plans and go "It's ok both title plans match and it's the MapSearch info that's wrong" or and perhaps more likely check the one title plan for the title they are buying and if there's a MapSearch issue bounce it back to the seller's conveyancer to check/query/resolve - that's what appears to have happened here
Hope that helps and I hope it's just a MapSearch error that needs tweaking and reassurance issued. And that it's not an extent issue that then needs to be resolved 

Heather2012

Thank you for the explanation. Hopefully it's the easier option of the two

Hermann

Heather2012 said:

Hi @Hermann,
Thanks for your help. The actual fence is where the black line is, there is about 0.5m of land behind the garage. I haven't seen the plans for the house because the deeds were held by the Halifax and then, when vacated, were sent directly to the solicitors. It's the solicitors that have submitted the application.

I'll take a look at the neighbours title plan online. Looks like it's £7 now from land registry.

Thanks

You're right, the fees been increased in the past few days.

0.5m is the sort of measurement that can be put down the thickness of the line on the plan so it then also becomes a question of does the fence line that is there match up with the indicated position on the plans and is reasonably considered the same of neighbouring plans.

Who ever is instructing the solicitor is the one responsible for making sure the submitted plan is accurate, but appreciate that can be difficult if it's the owner in care and you are simply helping out.

The two issues are whether the LR accept the submitted plan as an appropriate format, which hopefully the solicitors were capable of, and secondly that the plan reasonably represents the property the purchaser is expecting to buy.

Even if the plan is accepted by LR if a fence is obviously in a different place from that indicated that could be a problem with the purchase contracts. It all comes down to how picky the conveyancer is and how switched on the purchaser is. 

It would seem that if you are not the one instructing the solicitor and the LR application is already in there is little you can do in reality other than wait and see what has happened. 

Hopefully the care home will continue to provide a place so long as the solicitors confirm a sale is in progress. At the end of the day I don't think it's particularly straightforward to evict a resident particularly if sale is going through to provide funds.   

Heather2012

Hi All,

So we now have a title number for the registration but still not fully registered. Land registry had to request further information from the solicitors which they responded to just after Christmas, so almost 2 weeks ago now, and we've still heard nothing.

@Land_Registry is it possible for you to check on the status of this at all if I send you the title number please? We have had no indication of timelines or anything and our buyers mortgage offer is due to expire soon

Thanks,
Heather

Land_Registry

Heather2012 said:

Hi All,

So we now have a title number for the registration but still not fully registered. Land registry had to request further information from the solicitors which they responded to just after Christmas, so almost 2 weeks ago now, and we've still heard nothing.

@Land_Registry is it possible for you to check on the status of this at all if I send you the title number please? We have had no indication of timelines or anything and our buyers mortgage offer is due to expire soon

Thanks,
Heather

Happy to check if you share the title number involved

Heather2012

@Land_Registry   Thank you so much! I've PM'd you with the Title Number and address.