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Posted Mon, 26 Jun 2023 17:32:29 GMT by Peter Spencer
I have the 1935 conveyance document plan that is helpfully annotated with measurements including those of the brick wall boundary that is still here and measures the same. 

The 2023 land registry plan does not align with either of the above. The wall on the current plan has shrunk by a a metre or two and the corner angle has expanded to match. 

My solicitor is imminently about to exchange contracts and has asked you to look at the evidence for correction. It currently looks like some of the boundary now is in the neighbouring property and some  of the land is unregistered. How can this be?

How long will it take for the query to be replied to? Can errors take place? 
Posted Mon, 26 Jun 2023 20:52:02 GMT by Peter Spencer
On searching the neighbours plan, I see their boundary in red is the one that exists in reality. How can you have a common boundary that does not interlock like a jigsaw piece?
Posted Mon, 26 Jun 2023 21:06:42 GMT by Peter Spencer

LL376375 and LL193855, the former being the correct plan for the boundary with the latter that looks to be wrong. 

Posted Tue, 27 Jun 2023 06:29:11 GMT by Adam Hookway
Peter - several Qs all rolled into a few posts. Firstly it looks like you mean LL276375, which was first registered in 2006
LL193855 was first registered in 2001. Each were registered and mapped using different Ordnance Survey detail 

From a purely registration perspective we register the general boundaries so the plans are not supposed to be definitive or precise re where the legal boundary lies - see PG 40 Sup 5 and indeed each of the other supplements for guidance 

Measurements on a plan are helpful but again not definitive as 90 years on there's no certainty as to how they measured things and where from for example. And as OS detail confirms things can and do change re specific physical features. So whilst land/property can interlock like a jigsaw piece on the ground/in reality it is very rare that they do on deed/OS plans and as a result may not always do so on title plans mapped at different times. The general boundaries rule covers that scenario.

Mistakes can be made both in deed plans, OS plans and title plans and I can see that the solicitor contacted us on the 15th June and that contact is with the processing team for consideration. A response should be issued shortly but I'll flag it with colleagues to see if they can escalate it and trigger a reply asap
Posted Tue, 27 Jun 2023 09:06:00 GMT by Peter Spencer

Thank you Adam. 
Yes , LL3 should have been LL2. 

Have the solicitors expedited the enquiry?


Hunting through records I have found a new registration under the land charges act dated 6/7/1983 with the reference LC/112325/83. What documents can I find online that relate to it?

A plan is referred to, that possibly is just a wall without showing what the land is. Is this something that the land registry refers to? The end of the wall is currently 1.8m into the neighbouring front garden. 

Posted Tue, 27 Jun 2023 09:21:31 GMT by Adam Hookway

Peter - enquiries can't be expedited but I have escalated it as stated to shorten the remaining wait time.

Land charges are interests protected against unregistered land and linked to named individuals and not land. So nothing to search for online. And it wouldn't be something we referred to now 

The support team will consider the enquiry and check what records we have, both paper and electronic, as appropriate. There's nothing I or you can do to add to that at present so a question of waiting for that consideration and a response before deciding if anything 'more' is needed

Posted Tue, 27 Jun 2023 20:52:02 GMT by Peter Spencer

Hi Adam, 

and thank you for all your help. It really is appreciated and your speed of response was quite unexpected. 
Of course we now must wait, which is harder as we have no idea if we are talking a few days, weeks or even months?

In your experience of these matters would you be able to estimate what sort of time these things could take for an opinion? 
 

Unfortunately I am emigrating and my whole life’s possessions are literally on hold until this can be resolved and I can ship/ sell everything in an ever shortening time frame. 

Posted Wed, 28 Jun 2023 07:18:33 GMT by Adam Hookway
Hi Peter - impossible to be definitive but a response should be soon. What that response states and what next steps are needed is the big question though and you/I won;t know that as yet

If there's been an error in the actual registration then that opens the way for trying to put it right but in doing so we are going to have to involve the owners of both properties. Naturally that lengthens any timescale as it's not a case of simply stating we got it wrong and have put it right. I'm sure you can appreciate why that would be.

If there's no error then the ball is back in the title holders court/conveyancer as to what they (want to) do next. 

The enquiry is now in motion so to speak and the paper records being retrieved from storage. Hopefully the solicitor will get a response in the next couple of days but that again relies on things being clear cut re error or not.

Very difficult I know to wait patiently and without stress but we'll have to wait for that crucial consideration to be completed first. 

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