Unregistered Land

Hi Sally - hopefully there will be an update to share tomorrow. I'm waiting on the casework team to confirm what's to happen next
K526244

Hi Adam,
Thank you. We are just praying for the best and quickest possible result rather than a long drawn out process. I’m sure you will understand why.
Have a nice evening.
Sally  

Morning Sally - understood and of course appreciated. The casework team have confirmed that the referral process means we won't have an update until next week at the very earliest. If we do make the amendments requested there will be a knock-on effect for adjoining registered titles/owners and that may add to the delay. But at this stage I can't be any more definitive than that - sorry
K526244

Hi Adam,

Thank you for the update. I guess we can only wait and hope that the chain holds up, when I started this forum back in January we had a complete chain, the buyer at the bottom of that chain pulled out and a property had to be remarketed, luckily it sold again quickly, everyone is now waiting for this situation to be resolved as all are ready to exchange. 

We understand there is a process to follow, but we are struggling with the whole situation as the boundaries have been the same since the 1980’s. 

Have a nice easter.

kind regards 

Sally 

Sally - understood and appreciated. I suspect, based solely on your comments to date, that whilst the boundaries on the ground have been the same for many years they don't align with the deeds/registered information. As a result amending the latter to match the former is a complex process and the right 'new' deeds/paperwork need to exist/be created to enable the match you require to be made. 
It's both the beauty and complexity of land law in England & Wales and rich history that makes it so but which also can make it very frustrating when such issues arise and a quick resolution is wanted
As someone spotted the issue and raised it they can't complete until it's resolved. 
K526244

Hi Adam

I have attached a photograph of our title plan as shown on map search, to try and explain. It appears the problem is around an area of unregistered land (the white area) that falls within our actual fenced off boundary. All the buyer’s solicitor needs to know is if that area will be included in the new plan when it is drawn up. Nothing else is a problem to her.

We have provided a significant amount of photographic and documentary evidence to show it has been in my husband’s family since 1981.

Would the case worker be able to confirm just that query rather than us having to wait for the whole situation to be sorted out?

Hi Adam

I realise I’m pushing my luck by asking if there is any further progress with our application. Particularly with the easter break in the middle (I hope you managed a few quiet days away from the rock face) but I have various Sales progression people pushing for updates.

I have been informed that our buyers mortgage offer ends 1/5/25 and I understand that nothing will be resolved in time for that, so they will need to re-apply.

Having read several other forums on here I understand there is a procedure to follow, I had to ring Land registry on Tuesday this week as we received an identical letter dated 1/4/25 (ironic really) on Saturday 19/4 asking us to complete the online survey for OS, I explained that OS had already attended and was advised to ignore the letter - duly done.

As you will see from my previous post, the only thing the buyers solicitor is concerned with is the piece of unregistered land that is within  our physical boundary and has been since original purchase by my  husbands parents back in 1981 when they bought it as a paddock. The boundaries with the neighbours either side of us are not in question as they are following the generally boundary rule. As OS have attended are those boundaries also taken into account, as on HMLR map search it appears we own part of each neighbours house. 

Any further updates you are able to provide would be gratefully received.

Sally (24/4)

Hi Sally - nothing further to update on but I will ask the casework team to see if more can be done and sooner.
We do appreciate the frustrations such matters can cause especially where a chain/new buyer is in play but the registration process is a complex one re such claims/applications. The process is there to protect everyone involved/affected, including ourselves, to ensure that where we do give a guarantee as to legal ownership we can do so from a solid foundation.
I'll post again when I have something to share
K526244

Hi Adam, 

Yes we totally understand that it is what it is. I guess what the chain is looking for, none of whom seem to understand the intricacies of Land registration and ownership, is some indication if it will be weeks or months before it’s resolved. Regardless of what happens to our chain, we know the land issue needs to be sorted, if not for now, for the future.

 We can only hope the casework team may be able to give at least some update on where we are in the process.

Many thanks

 

Hi Adam,

Sorry to pester you again, it’s been a week since I last posted, I just wondered if there is any update at all? It’s 3 weeks tomorrow that the OS surveyor submitted his report to LR.

kind regards

Sally(1/5)

Hi Sally - matters have progressed and I understand that the casework team are about to right out to the conveyancer with a full response shortly. I have asked the team to do that asap so that the conveyancer/you/others can move forward as appropriate
I'll let you know once that has been done but I can't share specifics 
K526244

Hi Adam,

Thank you for the update.

Kind regards 

Sally 

Hi Adam,

 Our solicitor has managed to access the letter written by Donna Harrison, in the letter it refers to an illustrative plan, but the plan is not on the portal. Are they sending that out via the post? Are you able to tell us which title plan the unregistered land is attached to? We are still so confused by all of this, is the illustrative plan is going to be uploaded to the business portal?

kind regards 

Sally

Hi Sally - the details are issued via portal. I'll ask the casework team to check and reissue as appropriate
K526244

Hi Adam, 

Thank you for that.

Hi Adam,
sorry to be so impatient, we are very much in the dark here, do you know or are you able to see if they have added the illustrative plan yet? 

Regards 
Sally 

HI Sally - the casework team advise that the plan won't issue via the portal and as such they also posted the letter and plan ion the 6th May so that should arrive with the conveyancer shortly.
K526244

Hi Adam,

Thank you for that. 

I will advise her accordingly

regards 

Sally

Hi Adam,

We have seen the illustrative plan this morning and we are now even more confused. It appears on the face of it we own half Norelands garage (K650326) and half our other neighbours garage Mio Castello (K763238).

Our own original title plan (K526244 dated 1/82) shows a gap between us and Norelands garage . Does this mean that general boundary rules apply on all of them, including our boundary with The Grange (K519480) because all the boundary discrepancies appear to vary between nothing at all and at its worst, the boundary with Norelands, showing that we now appear to own (which my in-laws owned originally and actually divided the land when they built Martlets) being roughly 6 metres. If Martlets north boundary with Norelands was actually not dissecting Norelands garage (as in our title plan) it seems to indicate that the whole boundary is set too close to Norelands on the illustrative plan.

We just really need some sort of explanation as to how this illustrative plan shows what it does. We understand about mapping and nothing being perfect, but how much imperfection is ok?

i hope this makes sense.

kind regards 

Sally 

Hi Sally - it does make sense and general boundaries are a key part of understanding how titles are registered 
We have a series of PGs on plans and more that may assist in understanding the basics - Land registration: Practice guides - GOV.UK 
Remember also that Ordnance Survey detail, such as the buildings on site, is added by OS 
Specific issues re the pending application and the illustrative plan are best raised with and explained by the casework team as appropriate