Missing deeds

Land_Registry wrote: »

First thing to point out is that the registered extent won't be changed without an actual application being submitted along with supporting evidence.

Second thing is that the consent of each registered owner and probably any mortgage lender would be required as well.

The third thing is that there's a lot of information here and the advice we appear to have given is not what I would have expected. But that often depends on what is asked and what details are shared/available. So I'll try and pick off what I can in general terms as I don't have any specifics.

Two properties first registered in 2000 and 2005 - we don't map a title based solely on the OS detail. We use the OS detail as a base map but would rely on the deeds lodged with any application to then decide on the registered extent.
If there was any uncertainty we might do a site visit to see for our own eyes.
Clearly where you have an already registered title 'fitting' the next one may be easy on paper but the same criteria apply, namely Deeds have to show title and if everything matches then great.
But remember no deed plan and no title plan will show you the exact legal boundary and the latter shows the general boundaries only (Yes some titles can have a Determined Boundary with strict measurements but they remain very rare indeed)

We are not a deeds repository so as others have mentioned we don't retain copies if all the deeds. We register a title for the first time based on the deeds and return them to the applicant.

Where a deed includes details such as rights, covenants, provisions etc that need to appear on the register then we may retain a copy on file - hence some entries will say 'copy filed'. But we may also set out the key extracts on the register and no copy is kept.

The old deeds will very rarely solve such issues though unless of course you both read them and agree on what they tell you.

Interestingly you refer to a building plot now and a previously marked but presumably open boundary. So no fence, wall or hedge say. As such there's always the possibility if some uncertainty as to where the boundary line is but if nothing has ever physically fixed the whole boundary in place uncertainty will always exist, especially where one party wants it to.

7x50x2 is a big chunk of land. Your title plans woukd be your first port if call so it might be prudent to get a surveyor to interpret them and the land and report on where they think the boundary line is.

However if you aren't go to agree or accept that or don't want that then the sole arbiter woukd be a court of law. And in my experience judges look very dimly on such matters coming before them as it should be something neighbour's resolve between themselves.

So no one piece of information is going to trump another BUT the starting point is now your 19 and 14 year old title plans. They are your state guaranteed general boundaries.

You want to build so I assume where you want to build up to is key re this boundary.
The neighbour, for whatever reason(s), believes the boundary is in another place but that appears to mean you are on a big chunk of their land if so.
So next steps would be to try and discuss it further and agree where the boundary lies and fix it.
If that's unlikely then get some legal advice as to what your and their options are as in my experience such things can be a bit like a tennis match and very to and fro until someone decides not to hit the ball back.