Title Plan Confusion

Hi! We are in the process of buying a house but the official title plan is very confusing/not clear as to what is owned/being sold in regards to the wrapping driveway, the garage and garden. The mapsearch outline is clear and good (attached).
We asked a surveyor to go and redraw the land plan (see other attached image which also includes neighbours rights to parking spaces on our driveway) and want to know if the official title plan needs to be updated or if it is already correct in its own confusing way?
p.s our conveyancer is also not sure.
Thanks for any advice you can give as this is really holding up our house purchase!

 

Hi Jack - what happens next as a buyer is very much a matter for you and your conveyancer to discuss and agree upon although I do appreciate the uncertainty you refer to.
Generally speaking if there is an uncertainty then you bounce that Q into the seller's court to consider and provide answers that hopefully provide the certainty you want.
From a registration perspective there is no uncertainty and perhaps the following helps to explain why.
The title plan, which we map and create, is our certainty re the registered extent/general boundaries. It's not intended to be definitive for example re the precise position of the legal boundaries - see our PG 40 supplements 3 and 5 for guidance - Land registration: Practice guides - GOV.UK 
MapSearch is an online tool provided to business users to enable them to locate a property and identify quickly the title number(s) for that property. It's not meant to be used for anything else as it's the title plan that matters/provides the certainty for actual land registration
And a surveyor's map/report is simply that - a professionals view/interpretation of matters on any plan with the lie of the land and more as appropriate to what their remit, skills etc are
Taking all of that into your considerations the key Q asked of you as a buyer is 'does the property you are buying broadly match what's shown on the title plan or are their any discrepancies you wish to raise?' - if there are, and clearly there are some concerns otherwise why have a survey that provides the plan (and report?) you have, then those concerns are as mentioned for the seller to resolve for you
And if they can't then they need to decide what the issues are and whether an application to amend the registered extent/title plan is warranted bearing in mind the limitations as explained and highlighted in the PGs as mentioned

Thanks for your quick reply Adam!

Just wondering if you could help clarify what is meant by the attached title plan.  As the red outline seems to encompass quite a lot, and also not sure what the blue shading means. And finally, most importantly, the document says the green shaded area is not included (but that should be the garage which IS included).

If you're able to help clarify it would be a huge help, as there is no 'key' in the document as is.

See also attached as to what we have been told is included (crosshatched crudely in purple :))

Thanks again!

Jack

Jack - the title plan shows the original registered extent outlined in red but excluding the part tinted green
Parts have been transferred/removed out of the title and those areas are shown by the areas edged and numbered green 
The register will include entries to confirm the green and blue tints and removal of the parts edged and numbered in green
If the seller is including the part tinted in green in the sale then they presumably have a second title for that land/part and if not you should query that with them/your conveyancer

Thats awesome. Thanks for confirming that! I understand completely.
Last question from me then... From the Official title plan, it only shows that 2 garages exist (the one shaded green and the one above it belonging to SF531391). But in reality, there are 3 garage there (see attached images) and we supposedly will own the middle one (not shown but  I have added an orange box to show where our garage should be).
Is this something which will have to be updated on Land registry in order to move forward?  I am assuming the sellers dont have a second title as they havn't supplied anything.
Thanks again, appreciate your help!
Jack

Jack - it's certainly something the seller will need to resolve before you can move forward, especially if you are buying with a mortgage
You should respond to your conveyancer to clarify that the property being sold does not match the registered extent for the title shared. They will then raise the issue with the seller. The green tinted land is registered under it's own title and in a different legal ownership but again something the seller may be aware of and able to explain/resolve
All your concerns/issues are ones only your legal rep and the seller can resolve for you as a buyer. They are all standard conveyancing Qs to find answers to

Hi Jack - you should always follow your legal advice in such cases and we provide the PG 40 supplements to help conveyancers with regards the registration advice around title plans/boundaries and more
Everything will depend on what is being applied for and whether the supporting evidence enables us to make the registration changes requested. 
The key starting point for us will be how the titles were registered in the first place and whether the requested amendments can be made in the way suggested. If the original registrations were correct based on the deeds/documents lodged at the time, and things have then altered on the ground, you may find that a boundary agreement does not work and actual land has to be transferred 
Your conveyancer will have looked at everything and chosen the route taken and the neighbours should be seeking their own legal advice as well before consenting to anything. If mortgages are involved then lenders may also need to be advised. 
Best advice we can offer is to follow your legal advice and make the application as appropriate. As you are waiting to buy they should request expedition once submitted to at least start the process asap - Request an expedite - GOV.UK 
NOTE - you may wish to remove the attachments from your posts for privacy reasons and because we wouldn't offer a view on whether the application would be successful until it is actually submitted and considered 

Morning Adam
Just to confirm -
The house we are buying originally owned everything, then, converted and split their outbuilding in to 3 garages. Sold the 2 end garages off to the neighbours and kept the middle one for themselves.  For some reason the lines were not drawn properly on the land plan. 
So nothing has been altered since and the same walls and doors have been in place since the beginning. It is literally just the lines on the official land plan which are incorrect and need amending.
Does this change anything/make thing easier?

Glad to hear it can be expedited! Thats perfect.
Thanks again for all your help
Jack

p.s I cant seem to be able to remove old attachments from my messages, is this something you can do from your end? Thanks!

Jack - it's so important to understand the context of what's being dealt with from a registration perspective. I'm unsure what the 'land plan' is you are referring to but that doesn't really matter as for us it all starts with the registered information (title plan) and the deed (transfer) plans used when the land/garages were sold off for example
If the latter were not drawn properly then a new deed might be needed. If the title plans were wrong then we can correct them but that wouldn't need a new deed.
If I can't remove the attachments I'll remove the thread in time - if you need to come back to check later we can start a new thread 
 

Hey Adam

We finally got everything in line and submitted to Land Registry, our case number is  SF708381

Are you able to give us any kind of update on it? Was it expedited ok?

Thanks in advance!

Hi Jack - I have responded to your further post in my colleague's absence. 

The application has been expedited and we have started to look at it.  We will require a survey to be carried out on our behalf and so have written to the parties affected. 

Hi Nimish

Thanks for your quick response, great to hear its moving forward. Hopefully the survey can be carried out soon. If that all comes back ok any idea how long it might take for everything to get sorted? (days/weeks?)

Thanks again for all your help :)

Hi Jack - The time taken will depend on consideration of the survey findings and the application by one of our lawyers.  If all is satisfactory then they would need to consider if we need to serve notices on any parties affected which would mean giving them time to object to the application, if the wish to do so.   
At this stage it would not be possible to say how long it may take. 

Heya
Just wondering if there has been any progress with this, did the survey go ok?
Sorry to keep asking, just hoping to complete on the house asap.
Thanks!
Jack

Hello, I hope you can offer some guidance.

I own an end of terrace house with private parking area on the side for my property plus three other properties.

There is a fence at the back of the car parking area which is damaged and needs replacing. My two parking spaces are just in front of this fence, and the third space that backs onto the fence is owned by my neighbour. The other spaces used by the other two properties do not back onto the fence. 

The area behind the fence is land owned by network rail, who havent looked after the vegitation behind it which is a significant reason for the damage to the fence, that vegitation situation has now improved.

My two parking spaces have a blue rectangle (which is not shaded in) around them which is just inside a black line which presumably represents the fence in question. Can you tell me if this gives any indication that I am solely responsible for replacement of this damaged fence, or would it be network rail, or all those who use the parking area?

I have attached a picture of the parking area including the damaged fence, and the title deeds diagram.

Any help much appreciated.
Simon
15 Penfold Road, Crawley RH10 7HU.

Simon - the plan does not appear to offer any indication re boundary responsibilities. It's a deed plan and I assume that the blue edging relates to wording within the Deed itself re the parking spaces and how they are to be used etc
Have a read of our blog article on boundaries for ideas as to how you might establish who is going to take responsibility for the fencing - Drawing the line on boundaries – HM Land Registry