Unregistered Land

We are currently selling our house Title Plan K526244 (1:2500 scale). Our buyers solicitor maintains that there is an area of unregistered land within our rear and side boundary and is asking for an ST1 to be submitted for adverse possession. The plot was originally part of a larger area of land that was owned by one person, in approximately 1981 it was divided up into several smaller building plots, this was when my in laws bought it and subsequently built on it. They died and we now own it.&#160;<br> We do not believe we have adversely possessed land but the solicitor says our title deeds apparently to do not marry up with the property at the rear, title plan K519480 (1:1250 scale enlarged from 1:2500), indicating there is an area of unregistered land. There is also a query about the front boundary wall not matching the title plan as the title plan shows a curve where it joins K650326 (1:2500 scale)<br> Our own solicitor is unresponsive and not giving us any guidance on how to progress. The first time buyers at the beginning of the chain have a mortgage offer that expires in 4 weeks. Please would you advise how we move on from this stalemate before to whole chain collapses. The situation is making my husband and I physically and mentally unwell. 

Sally - I'm sorry to read of the issues you are facing and the impact they are having.
The stalemate in my experience is between the buyer/their conveyancer and you/your conveyancer so the resolution is in your combined hands.
If they think that you are selling more land/property than is registered to you then that thought needs to be resolved. If that means claiming ownership of the 'extra' land through adverse possession/ST1 then that is one option
If you think that the scaling of the title plans means the land is included then you need to convince them as appropriate
Either way if they won't accept that the title plan does match what's being sold you need to find a solution to satisfy them.
And if that's an application to claim the land then you should apply and then request expedition to hasten the process.
Unfortunately any claim won't be processed within the 4 weeks you refer to as the application would require a survey of the site by Ordnance Survey and wider checks completed re the adjoining landowner(s) as appropriate. That will all take time 
I would strongly recommend pursuing the matter with your conveyancer and if they are unresponsive escalate the matter within the firm. They are the ones best placed to resolve the issue for you with the buyer's conveyancer
 

Morning Adam,

Thank you so much for your fast response, I guess the ST/1 is the way forward, as costs and time dictate.

kind regards

Sally

Sally - if that's what they are suggesting then I suspect so yes.

Hi again Adam,
1. Can our buyers solicitor expedite and submit an ST/1 that we have completed?
2. can we expedite and submit our own ST/1
3. Or is it quicker (if we can get her to reply) for our own solicitor to submit it?
4. If we submit an ST/1 today can our solicitor submit it again when she gets around to it?
Thank you in advance

Hi Sally - they can but again their choice

Yes you can and that's generally what a buyer would expect

It's less about 'speed' whether it's you or your solicitor who submits it. Whilst you can I would always recommend using a solicitor who is aware of the process, the registration requirements and crucially the legal aspect of such claims and what needs to be confirmed in the ST1

Yes but zero point in duplicating the process. You can submit your own application and then, when 'she gets round to it', notify us that your solicitor is now acting for you and will deal with any issues that might arise for example

I would encourage you to rely on your solicitor here to help you get it right re your claim and the facts presented. Getting it 'wrong' legally will usually cause the registration process to be delayed, even with expedition

Hi Adam,

Thank you again, for your prompt reply. 

kind regards

Sally

Hi Adam,
My original message was incorrect, we do not want to use the ST/1 for adverse possession, we need to submit a statement of truth, ST/1 with supporting evidence to show that we own a piece of land within our boundary that appears to be unregistered, as map search is showing gaps. The land in question has been in the family since 1981 and we have proof. As I said yesterday my in laws purchased the land from its original owner when the larger piece was split and divided. As the title plan is so tiny, the buyers solicitor is questioning our boundary

Hi Sally - all noted and appreciated 
All I will add is that the screenshot/MapSearch is not definitive with regards the registered extents of any titles revealed. The service is solely there to enable users to identify registered titles. From there they should be relying on the title plan(s) as appropriate to confirm the registered extent/general boundaries
I'm sure the conveyancers involved are aware and have decided that the actual property on the ground does not match the registered extent and as such have decided that the application you refer to is the way to go here.
K526244

Hi Adam, thank you for your reply, my husband and I have done so much work on this before I even asked LR. We have read your posts, watched your you tube about title plans and much much more. We totally get what you say, just a shame conveyancers make more work and cause more stress. All because of an artefact that originates from the early 1980’s. Hand drawn plans are not an exact science, we can only hope they submit what they need to via their portal and it can be expedited in a timely manner!

kind regards
Sally

Hi Sally - again noted and appreciated. Conveyancers are in many ways like us all in that they are 'risk managers'. And they will approach such risks in a myriad of ways and with their own solutions. I=And if there's a new mortgage involved then the lender's risk management take precedence also
Everything crossed that it will all get ironed out and resolved in the way you wish for

Many thanks😊

Hi Adam,

On 5th March our solicitor finally submitted an application for amendment of title plan along with my husband’s statement of truth to support our application. We know the submission was expedited but we have heard nothing more.

Would you be able to check to see if there is any further update please? The Land Registry reference for the application is P087NTT

Many thanks

Sally 

Hi Sally - I'll check with the casework team for an update
K526244

Hi Adam,

most kind, thank you 

Hi Sally - the complexities involved mean the casework team need to share and discuss the request made with one of our lawyers. That will happen asap and I'll post again tomorrow once I have an idea of next steps 
Please bear with me and wait for that update
K526244

Thank you Adam. 
 

Good morning Adam,

I know you asked me to wait until I heard from you, but we received an email from our solicitor on Friday that included correspondence from Susan Wild at Land Registry, I believe this may have been as a direct result of my raising the enquiry with you on the 25th March, as she refers to that in her letter. So many thanks for your help in that.

In it she states the following :-

Due to the nature of the application it has been considered by a senior technician, who has requested an inspection of the property and the surrounding properties by the Ordnance Survey. This is due to the differing location of the physical boundary features and the registered title plans, it is therefore necessary to ensure that the boundary features are in the correct position on the Ordnance Survey Map and the detail on which we base our title plans. 

Are we right in thinking this may mean other properties around us may be recorded incorrectly?  She will apparently contact us again next this week, I assume that is about Ordnance Survey inspection, does inspection mean they will come and do a GPS survey? 

Do you have any idea what else may be involved, we have grave concerns for our whole chain as we’re all ready to exchange and we are trying to keep everyone informed.

kind regards

Sally

Good Morning Sally - any application of this type, namely based on a statement of truth, requires a site visit/survey to be completed. We need OS to check and confirm what the reality is on the ground and their report can then be matched with what is being claimed to be factual by the applicant
No other assumptions should be made so all focus should be on making the arrangements re a survey as per the instructions to be issued. OS will usually visit within 2 weeks of the request being made
After they have reported back the case will need to be reviewed again alongside their report. And a decision made as to what more, if anything, is required. The more generally includes ore from the conveyancer or wider checks with adjoining/affected land/property owners
Each stage is reliant on the previous one so at this point all we can advise is that a site visit is required and that will happen asap as explained 
K526244

Hi Adam,

Many thanks for the explanation. Hopefully it will all go smoothly.

I remember the original Land Registry building in Forest Road, Tunbridge Wells, as my family lived around the corner from 1963 to 2003. As a child, I always wondered what went on in that building, now I understand a lot more 😊

kind regards 

Sally