Land registry.. Part of garden not on deeds

nadmaj · 3 December 2017 at 9:07PM

Hi.

I am buying my forever home and part of the garden which is within the current boundary isnt registered on the deeds . This is one of the major issue that is holding the completion up.. my house is being completed mid this month after weeks of delaying my buyer and having to pay half of her rent ( her rental was ending and for us to delay the completion) also she want us out and we would have to go into rented which you can't do less than 6 months...we are seriously stuck

Now is there any way to hurry the land registry I've hear of expidition by the " land registry bloke on this forum so if you could pop in and help me out is really i would really appreciate it .

Nadia .

Cakeguts · 3 December 2017 at 9:38PM

Who does the bit of garden belong to?

G_M · 3 December 2017 at 9:57PM

Whether the LR can expedite the matter will obviously depend on what the issue is!

* does the seller actually own that land?
* if so, is it registered on a separate Title in his name?
* Or has he perhaps just quietly taken it over, and it now needs a claim for 'Adverse Possession'?
* does someone else own it? Is it registered, either wholly or in part, in someone else's Title? Have you checked (do a 'map enquiry' here)?
* is it perhaps owned, either by the seller or someone else but unregistered?

It can only be expedited if there is a straight-forward process involved.

davidmcn · 3 December 2017 at 11:52PM

How significant is this bit of land? Is it a major chunk of the garden, or an unimportant bit at the bottom of the garden? Obviously it's best to get it sorted out now (and by the seller!), but if it's a relatively minor discrepancy then consider whether you can just buy it as it is and sort out the problem in your own time.

PS I don't think we've ever been told that the Land Registry representative(s) here is a bloke!

moneyistooshorttomention · 4 December 2017 at 7:17AM

davidmcn wrote: »

How significant is this bit of land? Is it a major chunk of the garden, or an unimportant bit at the bottom of the garden? Obviously it's best to get it sorted out now (and by the seller!), but if it's a relatively minor discrepancy then consider whether you can just buy it as it is and sort out the problem in your own time.

PS I don't think we've ever been told that the Land Registry representative(s) here is a bloke!

Agreed.

....and I was thinking that if it's a Land Registry woman she won't be very happy at the assumption she's a man:rotfl:

Land_Registry · 4 December 2017 at 7:32AM

I'm assuming the seller has applied to register the land for the first time. Most likely through claiming it as part of their property.
If so then the seller's solicitir needs to contact us with details of the confirmed sale and a request to expedite.
If the assumption is correct and the land is unregistered then we are likely to need to survey the site.
So you are looking at a minimum of 4/5 weeks before it could be registered if everything is in order and goes to plan. That is very much a guestimate of course and you also have the seasonal factor to consider of course.

As far as gender goes we monitor MSE as a team although it is often the one individual (bloke) who posts, to offer a degree of consistency of tone from a Land Registry (not gender) perspective

nadmaj · 5 December 2017 at 4:27PM

Thanks for getting back to me everyone..

The piece of land is very significant as it forms apart of the garden abd tge reason we went for this house .

The land is apart of the house .."belongs" the home owners but they were not aware if tge unregistered issue always assumed it was theirs when they purchased the house ..obviously didn't have a good soliciter .

Checked with land registry they have not even submitted a " form" yet !!!

Of course die to xmas there will be a further 3 weeks added on ti the wait .

Not intended to offend the land registry person on here .. should have phrased my intention better .

G_M · 5 December 2017 at 4:34PM

Some proof-reading might help too, as your post above levaes some ambiguities. I have the same prob as by keyyboad hth aminnd off it's own!

The Land Reg rep's reply was based on an assumption. but that assumption might be wrong. Answer the Questions in post 3 above!

nadmaj · 5 December 2017 at 5:40PM

I hate my keypad on my phone....

I dont have all the answers to post 3

The seller doesn't " officially "own the land as far as the deeds are concerened
No one can access his garden so no one can be known to claim it unless they specifically search for unclaimed land

realised its not a straighforward case so just going to let the get on with it

Ps please someone suggest a good keyboard for android !

G_M · 5 December 2017 at 5:57PM

nadmaj wrote: »

I dont have all the answers to post 3

The seller doesn't " officially "own the land as far as the deeds are concerened
No one can access his garden so no one can be known to claim it unless they specifically search for unclaimed land

What research have you done to find the answers?

You clearly want to know how long this will take and whether you can 'expedite', or you would not be posting here.

But we can't help unless you follow uur suggestions to help yourself!

Have you done a 'map enquiy' yet? Spoken to neighbours? Spoken to the seller asking specific (not vague) questions?

PLEASE READ BEFORE POSTING

Land registry.. Part of garden not on deeds

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