Conflicting TP1 plans after completion

moneysavvy2328

Hi everyone,

I’d be really grateful for some guidance from anyone with conveyancing experience.

We completed on a new-build house in December 2024. After completion, as part of our land registry documentation our solicitor sent us two executed TP1 transfer deeds for the same plot — both properly signed but not matching.

• The TP1 we signed shows the road outside our property as adopted highway and includes the estate-wide plan. 

• The TP1 signed by the developer actually contained two different plans within the same document — one showing the road as adopted, the other showing it as private.

• We flagged this to our solicitor and we were sent a further “replacement” plan set to sign that removed the estate-wide plan entirely and showed the road as private.
  

• The firm has now told us registration “can not be completed” until we sign a Deed of Rectification with the new plan – even though the title had already been registered months earlier.

• Our solicitor’s covering letter said our purchase had already been registered at HM Land Registry and enclosed both TP1s.

• We have checked the land registry and our purchase has been registered.

We have a Section 38 agreement dated 2019 which indicates our road was intended to be adopted, though we haven’t yet confirmed its current adoption status. There are council street lights installed on our road.

Has anyone experienced something like this – where a developer’s TP1 had conflicting plans and it’s unclear which version was registered?

• How serious is it legally if the wrong plan was lodged?

• Is a Deed of Rectification the right way to deal with this?

• And does this situation warrant a formal complaint to the conveyancer

We made it clear to our solicitor that we purchased the property based on the fact that we were lead to believe the road was adopted by the council. The estate does have some areas of private road, but our road was specifically shown as adopted on the plans we signed. Any advice or similar experiences would be hugely appreciated. 

Both solicitors who dealt with our purchase have since left the firm and the latest advice re 'registration “can not be completed” until we sign a Deed of Rectification with the new plan' has come from one of the partners at the firm, upon escalation by ourselves due to a lack of response.

user1977

Not sure why the road adoption status would make a difference to the registered title? Is there a difference in the plot being conveyed to you?

moneysavvy2328

Our real issue isn’t the road status itself but the fact there are different TP1s with different plans for the same plot

There should only ever be one identical version of the TP1, signed by both parties with the same plan attached. The buyer and developer should each have an identical counterpart — not different versions with different plans.

 The fact that ours don’t match means something’s gone wrong in the execution or registration process, and that’s what we’re trying to get clarified. 

We also don’t understand why a deed of rectification is needed and why our solicitor is saying registration can’t go ahead without one….When our property has been registered. 

singhini

moneysavvy2328 said:

We completed on a new-build house in December 2024. 

i would be surprised if the road infront of a new build house had been adopted this soon.

i thought more like 12-24 months (wouldn't the council want some sort of time period to assess the quality of the road before committing to adopting it)?

1. Contact Your Local Council’s Highways/Development Team

Most councils have a Highways or Development Control department that handles new roads. Ask specifically: “Has the road in this development been adopted yet, or is it under a Section 38 agreement?”

2. Check the Section 38 Agreement

In England & Wales, adoption usually happens under a Section 38 agreement. You can ask the council if the Section 38 agreement has been signed and whether the maintenance period is ongoing.

3. Ask the Developer
Ask the developer if they have submitted the adoption paperwork to the council *and if so when).