land registry - our own garden?

ogsplatterthethird

I am helping to sell a house that was purchased as a new build in about 1972, and has not sold since. There used to be a footpath (not a right of way) at the rear of the properties, left over by the developer. A few years after purchase, the developer offered the land to the adjoining houses, for the legal fee, and I have an unsigned copy of that contract from 1978. The contract states that it is up to each owner to arrange the transfer of title.

The original owner died some years ago, and his widow (now sole owner) is not sure what happened, legally. However each house extended their garden. I think the most likely scenario is that the contract was completed by all the houses and the developer, but that no actual registration of title took place.

The land registry search shows 3 of the houses have additional titles, called ‘land at the rear of no {their number}’. I live some distance away, so I can’t knock on their doors, and I have no contact details. The additional titles date from the time each house was last sold.

As well as the 3 ‘land at the back of number’ titles there are two titles that are simply ‘land to the north of {road name}. I don’t know which, if either, contains the land in question. The map search does not allow me to pinpoint. Is there a method of searching for a title at an exact latitude/longitude?

If we wanted to sell the house with the benefit of the additional land, properly registered, what is the best way to proceed? What sort of timescales are involved? We hope to sell in the next 3 months.

Section62

https://forums.moneysavingexpert.com/discussion/6682189/land-registry-our-own-garden

Probably one for @Land_Registry

Can you confirm the additional land was incorporated into the garden, and there is a boundary feature (wall/fence/hedge) which divides the additional land on all sides, except where it adjoins the original plot of land sold with the house?

Are you absolutely sure there is no right of way (of any kind) over the land? Why did the developer originally keep the land for a path?

ogsplatterthethird

Yes the land became part of the garden back in 1978. There is a stream at the back. The sides don't have fences, just bushes & undergrowth, but each house has extended in a line from the original boundary down to the stream.
The other houses have additional titles that are called 'land at the back of (housenumber)'. I don't know how they achieved this. I'm guessing that we are missing a conveyance that shows the land was transferred.
The footpath was never a right of way. I guess the developers kept it until the whole site was complete, and then passed it over.

Section62

https://forums.moneysavingexpert.com/discussion/comment/82127714#Comment_82127714

As this was before compulsory registration it is possible it wasn't registered and all you'll have is a copy of the conveyance tucked away with the original house deeds.

AIUI if you buy additional land adjacent to your property it will usually have a separate title, rather than being added to the first property title. This likely explains the "land at the back of (housenumber)" titles of the neighbours. It is possible to get two titles merged, but AIUI this is something Land Registry generally don't do unless there is something else being done - for example when the whole property is next sold.

If the house is registered but the additional land isn't, then my guess is you'd need to do a first registration of the additional land, assuming the conveyancing paperwork can be found. If not then an alternative route might be adverse possession.

GoogleMeNow

https://forums.moneysavingexpert.com/discussion/6682189/land-registry-our-own-garden

It sounds as though the original owner and widow did buy the land from the developer, but crucially did not arrange the transfer to themselves via a solicitor or directly through HM Land Registry. An unsigned Contract unfortunately won't prove anything, especially since it is nearly 50 years ago.

One way of checking is through the Land Registry's Map Search, though I'm not sure how easy it is for the general public to access it, rather than a business user that has a HMLR account. If you message the Land Registry rep on here with your title number, they can check for you.

Certainly, the reference to the 3 houses that have additional titles, would most likely refer to these properties who have transferred the title via a solicitor or directly through HMLR. HMLR don't always 'merge' the titles so it is indicative of these 3 properties having two titles each, and if the transfers were not carried out in 1978, they will have needed to be completed on any future sale.

I'm sure all the properties would have altered their boundaries to incorporate this land, but if HM Land Registry have never been aware of the transfer, then the title plans will be incorrect and a future buyer's solicitor will very likely make enquiries if the actual garden does not match the official title plan.

sheramber

Does the unsigned contract not raise doubts that the land was bought.

We bought a house in 1972 that had a 20ft strip of land with trees on it behind it. There was a high wall at the bottom of the strip with a 20f sheet drop behind it.

This strip of land extended along 6 houses but was blocked off at each end, so could only be accessed through the back gardens.

The reason it was there was because the estate owner did not sell that strip to the developer. He wanted it retained so that when he looked out of his windows he could see only trees.

Several years later the estate owner offered to sell it to the home owners.

Our neighbours on either side bought their strip and fenced them off so the part behind us was therefore fenced off on either side.

We did not buy our strip although we put a gate in our fence to access it.

We explained the position when we sold.

We did hear that our buyer did buy it.

Land_Registry

It reads like you need to do a search of the index map (postal) to confirm if the land is registered and if so how

Get information about property and land: Search the index map - GOV.UK

The search result will confirm if registered and if so the title number(s) to then check to confirm

If it's unregistered or still registered to the developer it would seem that the original owner did not follow through on the contract and arrange for the land to be registered by way of the transfer you refer to.

Any registration now would either be by way of a transfer by the registered owner or a claim as to ownership by the current property owner. The latter is known as adverse possession - see our PGs 4 and 5 for guidance depending on the specific circumstances

Land registration: Practice guides - GOV.UK

The law re such claims is a complex one so please do seek legal advice/assistance. Any application is going to take time to process so once submitted a request to expedite it should be made to hasten the process

Request an expedite - GOV.UK

If, as I suspect, a claim as to ownership is to be made there will still be a lengthy wait to register even with expedition. The need for a site visit/survey and wider checks can mean the wait time would use up all the 3 months you mention.