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    • mudmane
    • By mudmane 13th Jun 17, 6:49 PM
    • 2Posts
    • 1Thanks
    Land registry garden first registration issues!
    • #1
    • 13th Jun 17, 6:49 PM
    Land registry garden first registration issues! 13th Jun 17 at 6:49 PM
    Hello all,
    A brief(ish) summary of the situation with my first house purchase:

    Nearly 4 months ago now i had an offer accepted on a victorian terraced house with a detached garden. After viewing the property we fell in love with it, especially the garden that we believed belonged to the house at the time. The garden is a bit of a strange set up, The 4 adjoined houses have their own detached gardens and so does the house I bought, except my garden has 4 'pig sheds' that are owned the 3 neighbours and my house, all of which have a right of way over my garden to their shed. The right of way is not fenced off and it has been mutually agreed between the neighbours that they do not cross the invisible boundary.

    About a month into the sale process it was discovered that my garden is not on the title plan and had never been registered with land registry. Later it was discovered it was not registered at the time of the house 'because of the way it was described in the deeds at the time of first registration'. The current owner apparently has deeds proving the garden is owned by the house and also some old conveyancing from the 50's proving this too.

    Anyhow, the garden has to be first registered for our sale to complete, forms were filled in and sent to land registry, the case has been expedited and the surveyor has now also been to the property. It felt like we were very close for the first registration to complete and also our sale to complete.

    I spoke to land registry today who have been very helpful in updating me, although i am not the applicant, and they gave me this update: "Im afraid the matter has been referred up to one of our in house lawyers as the land is 'open' and not fenced on all sides. So i am still not in a position to confirm wether the application will proceed and if it does what class of title"

    Now I'm very concerned that i have wasted 4 months of my time and potentially going to lose my dream house because the detached garden cannot be registered because it is not fenced next to the right of way!!

    Has anyone had a similar situation happen?
    Am i overly worrying?
    This may sound stupid, but would a solution to this be as simple as erecting a fence between the garden and the right of way to neighbours pig sheds?

    Thanks for any responses in advance!
Page 1
    • G_M
    • By G_M 14th Jun 17, 4:54 AM
    • 44,068 Posts
    • 52,200 Thanks
    • #2
    • 14th Jun 17, 4:54 AM
    • #2
    • 14th Jun 17, 4:54 AM

    Has anyone had a similar situation happen?
    Am i overly worrying?
    This may sound stupid, but would a solution to this be as simple as erecting a fence between the garden and the right of way to neighbours pig sheds?
    Originally posted by mudmane
    Doubtful: it's unusual.

    Yes.... and no: The LR clearly have doubts/concerns relating to the ownership of the land and hence are doing further investigation before registering. Understandably they don't register land in someone's name unless it is clear that person owns it! I'm no expert but wonder if the lack of fence raises questions regarding whether it might be Common Land? A fence is certainly not normally required to guarantee ownership.

    I doubt if erecting a fence now would make a difference - it's probably the last 50 years they are concerned with.

    You either wait and se, or start looking again.
  • Land Registry
    • #3
    • 14th Jun 17, 6:28 AM
    • #3
    • 14th Jun 17, 6:28 AM
    Erecting a fence now would make no difference to the current claim/registration. It might if the application is rejected and you apply again in 10 years time though.

    Such applications will be referred to a lawyer where appropriate but that is quite routine in cases like this.

    I imagine we don't agree that the 'proof' you refer to is not as clear cut as suggested. A survey is always undertaken.

    The advice given is quite correct in that we can't say what the decision will be until it is made by our lawyer. I would not, based solely on what you have posted here, see that as meaning you now need to do something else.

    If the application is rejected then you/your solicitor clearly have a choice to make re next steps. But hopefully the decision will be to register, perhaps with possessory title, and you go from there.

    In cases where adjoining land is registered we may serve notice on the owners to see if they consent/object to the what is being claimed. I mention that not to cast any additional doubt but simply to flag the possibility of additional waiting time. If the situation is as you have subscribed, and if notices are served, it seems unlikely they would object

    So, my advice would be to wait a little longer and hopefully the title will be registered to the seller and you can proceed.
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    • mudmane
    • By mudmane 14th Jun 17, 9:49 AM
    • 2 Posts
    • 1 Thanks
    • #4
    • 14th Jun 17, 9:49 AM
    • #4
    • 14th Jun 17, 9:49 AM
    Thanks for the replys. We have been told that notices may have to served but the vendor tells us that the neighbours know about the current situation and have all agreed their boundary so I would be very surprised if it was contested by anybody.

    I shall hang tight and keep all my fingers crossed then for a favourable outcome then!
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