Land Registry questions

Land_Registry · 20 July 2018 at 9:56AM

acidstrato wrote: »

No problem thanks so much for the response, just so I'm clear will I need to complete all three forms for each person (including myself) so nine forms in total?

thank you

There would only be one AP1 and one TR1. You would need separate ID1s though

wanderer2426 · 20 July 2018 at 7:28PM

Not sure if I have posted in the correct place or whether I should start a new thread, but I did want advice from Land registry rep which is why I posted here.

I was nearing exchange on the sale of my property when my buyer noticed the title plan didn't show the current garden boundary wall correctly. It's hard to explain but the current title plan shows I own a small amount of yard which my neighbour is occupying as the garden wall is in the middle of my kitchen extension rather than in line with the extension and property wall, it comes in slightly suggesting it was moved back some time in the past. My neighbour has occupied this land ever since I bought the property in 2005, and the discrepancy wasn't noticed then. I am not bothered about this land as I've never occupied it, and my buyer is happy with the current boundary so long as the correct boundary is shown on the title plan and it gets updated prior to sale so nobody is challenging ownership, we just want the boundary reflecting as it currently is for the mortgage purposes. My solicitor put in an application to the land registry to correct the title plan 2 weeks ago and asked for it to be expedited, and I'm just trying to ascertain how long this may take and whether it is straightforward or not. I've done so much reading but can't envisage the process and what still needs to be done to get this changed. It's in my neighbours favour as I am effectively giving up land on the title plan, but it's land I have never had access to anyway.

Can you advise on what will happen next and what will need to be done to get this changed. I am in danger of losing the property I am purchasing as my seller is getting impatient since there is no chain at his end.

I'm just finding it impossible to plan the move and timescales without knowing what's involved, my solicitor already stated it wouldn't be a quick job, but since there is no dispute I don't understand why it can't be corrected asap to reflect the correct boundary? We just need the title plan to be right to proceed with exchange.

Can you offer any advice on what will happen from here?

Ashleigh_rhianne · 20 July 2018 at 7:40PM

How would I find out who has ownership and to what boundary of a road?
One house in my street has taken it upon themselves to block a whole road leading up the side of their house which is also the back access of an adjoining road with their scrap cars full of wood claiming they own the land. It has caused no end of problems over the last 30 years and is time something is done about it. Is there a way I can find out if they actually do own this road and to where the boundary is and possibly get their scrap removed from the lane as I don't understand how they would be able to block this as a fire engine would never pass if needed &is denying the adjoining road from having garages for their cars as he has blocked all access

Land_Registry · 21 July 2018 at 9:32AM

wanderer2426 wrote: »

Not sure if I have posted in the correct place or whether I should start a new thread, but I did want advice from Land registry rep which is why I posted here.

I was nearing exchange on the sale of my property when my buyer noticed the title plan didn't show the current garden boundary wall correctly. It's hard to explain but the current title plan shows I own a small amount of yard which my neighbour is occupying as the garden wall is in the middle of my kitchen extension rather than in line with the extension and property wall, it comes in slightly suggesting it was moved back some time in the past. My neighbour has occupied this land ever since I bought the property in 2005, and the discrepancy wasn't noticed then. I am not bothered about this land as I've never occupied it, and my buyer is happy with the current boundary so long as the correct boundary is shown on the title plan and it gets updated prior to sale so nobody is challenging ownership, we just want the boundary reflecting as it currently is for the mortgage purposes. My solicitor put in an application to the land registry to correct the title plan 2 weeks ago and asked for it to be expedited, and I'm just trying to ascertain how long this may take and whether it is straightforward or not. I've done so much reading but can't envisage the process and what still needs to be done to get this changed. It's in my neighbours favour as I am effectively giving up land on the title plan, but it's land I have never had access to anyway.

Can you advise on what will happen next and what will need to be done to get this changed. I am in danger of losing the property I am purchasing as my seller is getting impatient since there is no chain at his end.

I'm just finding it impossible to plan the move and timescales without knowing what's involved, my solicitor already stated it wouldn't be a quick job, but since there is no dispute I don't understand why it can't be corrected asap to reflect the correct boundary? We just need the title plan to be right to proceed with exchange.

Can you offer any advice on what will happen from here?

Very difficult to give anything but general advice re such matters as unfortunately making such changes are not as simple legally as just changing it to fit which seems to be what is being asked for.

If there was an error made in the registration and everyone agrees then it can be straightforward but still take time especially if a survey is needed, neighbour's/lenders need to be contacted to confirm etc

My concern here is mention of the extension so has the neighbour in effect taken some land to do this. If so do they then have to claim it as their own which triggers a similar scenario as above albeit they have to claim it under adverse possession

Expedition shortens the wait time between receipt and consideration. So everything then hangs in the specifics involved as to what happens next. Your solicitor should be aware soon as to what those steps are hopefully or if it really us as simple as hoped

Land_Registry · 21 July 2018 at 9:37AM

Ashleigh_rhianne wrote: »

How would I find out who has ownership and to what boundary of a road?
One house in my street has taken it upon themselves to block a whole road leading up the side of their house which is also the back access of an adjoining road with their scrap cars full of wood claiming they own the land. It has caused no end of problems over the last 30 years and is time something is done about it. Is there a way I can find out if they actually do own this road and to where the boundary is and possibly get their scrap removed from the lane as I don't understand how they would be able to block this as a fire engine would never pass if needed &is denying the adjoining road from having garages for their cars as he has blocked all access

Start by checking online or by post as appropriate. Online using Map Enquiry will work if it's registered. If you can't get the info online then make a postal search of the index map instead. Do read the full guidance before searching or buying details.

Once you know what's registered and to whom I'd recommend legal advice especially if use/access has been denied for 30 years to establish the legal rights for both you and the 'blockers'

Kelbabez1980 · 21 July 2018 at 12:06PM

Can anyone tells me what this means please?

The Transfer dated 5 October 1987 referred to in the Charges Register
was made pursuant to Part V of the Housing Act 1985 and the land has
the benefit of and is subject to such easements as are granted and
reserved in the said Deed and the easements and rights specified in
paragraph 2 of Schedule 6 of the said Act.
4 The Transfer dated 5 October 1987 referred to above contains provisions
as to light or air and boundary structures.

It a on the title register obtained from the land registry and only reference to shared access but it means nothing to me I'm.so.confused

Many thanks x

pauljrog · 21 July 2018 at 3:34PM

Question about Adverse Possession-

Our solicitor is in the process of getting the forms completed to apply to the land registery for adverse possession and we are currently getting evidence to support our claim.

My question is -- if the application is declined as there is not enough evidence to prove the land has been in adverse possession for the last 10 years but then we receive additional evidence can we reapply??

The reason behind the question is that we could do with the previous owner of our house to complete an ST1 form, we have written to them explaining our position but we don't know if they will cooperate with us.

It was them who first occupied the land, fenced it and had factual exclusive use of it. We just purchased the house a few years ago not knowing anything about this until last week.

Would you advise to wait to see if they will cooperate with us before we apply as their ST1 is the evidence we need to claim adverse possession to the land.

Thanks for your help

da_rule · 21 July 2018 at 4:22PM

pauljrog wrote: »

Question about Adverse Possession-

Our solicitor is in the process of getting the forms completed to apply to the land registery for adverse possession and we are currently getting evidence to support our claim.

My question is -- if the application is declined as there is not enough evidence to prove the land has been in adverse possession for the last 10 years but then we receive additional evidence can we reapply??

The reason behind the question is that we could do with the previous owner of our house to complete an ST1 form, we have written to them explaining our position but we don't know if they will cooperate with us.

It was them who first occupied the land, fenced it and had factual exclusive use of it. We just purchased the house a few years ago not knowing anything about this until last week.

Would you advise to wait to see if they will cooperate with us before we apply as their ST1 is the evidence we need to claim adverse possession to the land.

Thanks for your help

Does your ST1 evidence 10 years of adverse possession based on your own ownership? If not, without the evidence of the former owner you could face problems.

As you mention 10 years, I am assuming that the land you are in adverse possession of is registered.

If your application is rejected, you would have to wait 2 years before you can reapply. There is therefore a risk, if you cannot evidence the 10 years now as the landowner will be served with notice of your claim, therefore they may commence possession proceedings in those 2 years which would prevent you reapplying.

If however, after this 2 years the landowner hasn't taken any action, then your application will be accepted.

wanderer2426 · 21 July 2018 at 5:38PM

The extension mentioned is my extension not the neighbours, it is a terraced house so you would expect the garden boundary wall to be in line with the house and extension but it comes in slightly into my yard. This wall has been where it is since both me and my neighbours owned our properties, so it looks like the wall was moved back slightly over 20 years ago and this isn't reflected on the title plan.

Are you able to look at the details if I provide the title plan number via email and if so where do I email it to?

My solicitor has not mentioned the neighbours having to apply for adverse possession. She sent an email to land registry asking what needed to be done and they said an AP1 application needed completing which she did.

sevenhills · 21 July 2018 at 7:20PM

How does the online system work? I paid £3+£3 but I havnt received anything in the post, no email, nothing.

a title register where you can find out who owns the property, price paid/value stated information if sold since April 2000 and any rights of way or restrictions on the land noted on the register for only £3 (view title register example )
a title plan defining the property for only £3 (view title plan example

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