Part of garden missing on deeds

Hello

I’m in the process of selling my house. It’s come to light that part of my garden isn’t on my deeds. 

I’ve lived here for 7 years. Inherited the house from my grandparents- so I know the history. 

my grandparents owned all the land on the street. Sold a large part off many years ago to a house builder. Perhaps 20 years ago they sold part of their garden and a house was built there. On the paperwork it says the patio area isn’t included in the sale. This is the part that’s missing me from my deeds. 

it’s actually classed as unregistered for some reason. With my grandparents once owning all the land I don’t see how this square has become unregistered at some point in time.

The neighbour next door has often said he would like to buy that part from me, but I’ve always said no. 

I’ve only been here for 7 years so not the 10 years needed to show I’ve used it for 10 years. 

If I apply for the land will I have a sign up (like when trying to get planning permission)? I know if the neighbour knew it was unregistered he’d be after it and would probably complicate/ delay my sale. 

Thanks 
 

Hello Katy - land doesn't 'become unregistered' so it seems likely that when the property was first registered whoever applied either didn't include it in the application for some reason. Perhaps because they didn't realise or more likely they didn't have the deeds to prove ownership
The first thing to do would be to look at whatever paperwork you inherited to see if it includes the original deeds/documents. They would have been returned to the applicant at the time of first registration.
It's possible you have already done that though as you then refer to trying to claim the land. Our PG 5 explains more re applying to register such a claim. It's unclear how your neighbour might have a counter-claim based on what you have stated as it's presumably quite clear it's your patio and part of your property. But do seek legal advice as well to clarify/confirm the legal requirements needed to support any future application to register your claim.

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