Hi Adam,
Me again, we are trying as hard as we can to get this sorted, it seems possible that our solicitor/conveyancer’s experience in dealing with sales of rural properties that have come to the market for the first time is little to non existent, she even admitted some time ago in an email to the buyers solicitor that:-
“I can’t remember the last time I made application to LR to determine a boundary line but u see Practice Guide 40 give some information on this. Have you had to do this recently?”
I have attached the written report received from the case worker Donna Harrison and also the illustrative plan that could not be uploaded to the portal. Hopefully you can see them. Please ignore the solicitors comments. We are fully aware that your experience in Land Registry and all its nuances is vast so you will understand what is in the plan. Our boundaries as shown on it are what’s the OS surveyor did when he attended, so as you can see our actual registered plot varies considerably from what is on the ground.
The sticking point is the paragraph in the report that refers to the title plan (K519480 The Grange).
Although Donna Harrison does not say it is owned by the Grange she does write “It does appear that when we created a new edition of the adjoining title plan (K519480) this new edition did not fully reflect the extent of land in that title as this includes part of the access way referred to in the statement of truth and this then caused us to create the impression that the some land in this area was unregistered when in fact it was registered.”
We are trying to get both solicitors to understand the concept of General Boundary rules and that just because the title plan shows one thing it is not an exact reproduction of what is physically on the ground. My husband and I were both trained as plan drawers in our previous profession and we understand It’s a hand drawn document filed in 1982 probably drawn up by a conveyancer or solicitor. You will be able to see that the blue line next to the north north west boundary of the Grange is actually shown within our physical surveyed boundary. We have a scaled ruler and have measured the depth of the area, it appears to be approximately 1.5m at the north north east end and 3.4m at the north west end where the boundary ends at the road. We cannot ring and speak directly to Donna Harrison, the buyers solicitor cannot get any answers from land registry as our solicitor is the person who submitted the application.
Is it possible that Donna Harrison can send out a further communication to our solicitor by email to explain this? We can understand that solicitors are all worried for their profession but surely common sense has to prevail or else your written articles and you tube videos about “general boundary rules” become meaningless?
If we are to take title plans literally none of the properties shown on the illustrative plan adjoining us and further will be able to be sold as we all appear to own part of our neighbours grounds.
Please can you help?
kind regards
Sally
