application for alteration

Good evening<br> <br> We are in the process of selling our house and the buyers solicitor raised an issue stating that our garage is not on our title deeds which came as a bit of a surprise to us. Our solicitor is now saying that we need to submit an application for alteration but is a very lengthy process and will also require a surveyor to attend with costs of £1000 to&#160;<br> <br> Essentially looking at it, there a red line around the house and garden but where the small drive and garage is, it is yellow lines.&#160;<br> <br> On the original title which we have it states the following;<br> The Company has entered into an Agreement with the Purchase for the sale to the Purchaser of the land shown coloured red and yellow on the plan annexed hereto known as Plot no.205.<br> <br> It then goes on and talks about rights of way and passage and running of water and soil gas electricity and other services and other easements.<br> <br> The house was built back in 1976 and has been sold on a few times, we purchased it in 2010 and this has never been an issue raised.<br> <br> We are now extremely worried as our solicitor is saying there is a huge back log and this could take several months to a year to resolve. This will mean losing the house we want to purchase as well as losing the current buyers.<br> <br> I am hoping to gain some advice on here as to if this is an issue because the estate agents is saying the buyers mortgage company wont release funds, yet we never had an issue, and what realistic time scales we could be looking at for the application. I do appreciate that not all the information is here, but hopefully I given sufficient info.<br> <br> my thanks in advance<br> <br> Darren<br> &#160;

Morning Darren - sorry to read of the issues you refer to.<br> The plan you have attached is a 'deed plan' so not the registered title plan for the land/property or garage - what's the title number please?<br> If the garage was to be included but wasn't and/or if it's been registered to someone else it isn't always a simple task to resolve as others may need to be involved.<br> Such applications can take time but not months as an application can be expedited and a request to amend escalated if there's an onward sale/purchase for example.<br> The key is how the error occurred, who owns what now and how the conveyancer tries to resolve it and with whom&#160;

Good morning<br> Is this the title number&#160;EX186469?<br> Thank you

Good Morning Darren - that is the title number, yes<br> The key bit of detail will be your title plan and the plot transfer from 1976 - these show the originally transferred extent and what was as a result registered.<br> Looking at current OS detail it appears the garage is to the rear and part of it falls outside your title and is registered to the original builder under title&#160;EX143479<br> I'm unsure how your solicitor plans to rectify it when the Transfer plan confirms the registered extent<br> The most likely way forward in my experience would be to claim the land as your own now - known as adverse possession -&#160;<a href="https://www.gov.uk/government/publications/adverse-possession-of-registered-land">Adverse possession of registered land (PG4) - GOV.UK</a>&#160;<br> Essentially you claim legal ownership of the extra land based on what's happened since 2010 when you bought the property.<br> The issue should have been realised back in 2010 when you bought. Your conveyancer at the time may have asked you to check the title plan against the actual property on the ground being sold. That's when the issue should have emerged but sometimes these things don't always happen but it may not be something to focus on some 15 years on

Thank you so very much for your time. Hopefully we can get it sorted sooner or later, preferably sooner.

Hello<br> My solicitor has been in contact with the original builders who own the the title EX143479. They have confirmed that their records show that they hold no interest in the title and was transferred when the original buyers purchased the house.<br> <br> My solicitor has initially spoken to Land Registry and as a result submitted an application for lost deeds. We have provided a statement of truth, and I understand the builders have also provided confirmation.<br> <br> The application was submitted a couple of weeks ago now and expedited as this is the only point holding up the house sale. The stress and anxiety is also affecting my health and we just want to get this resolved.<br> <br> Is there a way to find out any timescales please, I would be so grateful.<br> <br> Thank you

Hello Darren - I'll check with the casework team for an update<br> EX143479

Thank you, I really appreciate it.

Hi Adam, did you manage to find out anything? Thank you.

Hi Darren - I did but not worth sharing just yet. I will do so when I have something that's a more helpful update<br> EX143479

Thank you Adam

Morning Darren - the application has been completed and the registered information updated as appropriate&#160;<br> EX143479

<p>Thank you so much for your time.</p>