Garden partly owned by council and the title plan boundary is rather confusing.

<p data-end=185 data-start=42>We are in the process of purchasing a house and have come across an issue with the rear garden boundaries which we are struggling to clarify.</p> <p data-end=701 data-start=187>During the viewing, the seller verbally indicated that the Freehold extends up to the garden shed and the end of the path (red line), with the remainder being land licensed from the Council. However, according to the Land Registry Title Plan, the Freehold garden appears to cover only around 40% of the depth of the rear garden (dashed line). We understand that the Title Plan may not precisely reflect the proportions on the ground, but this leaves us very confused about the true boundaries of the rear garden.</p> <p data-end=910 data-start=703>The discrepancy amounts to roughly 20 sqm of land, which is a substantial portion for such a small property. It also affects how much we can extend our house and the right of building a garden office in the further as well.&#160;As the garden is one of the key reasons we chose this house, this issue is very important to us, we dont want to pay all of saving to buy something unknown.&#160;</p> <p data-end=1086 data-start=912>We have attached a Google aerial screenshot and the Title Plan for comparison, which show the difference between what is marked as Freehold and what the seller has claimed.</p> <p data-end=1319 data-start=1088>Has anyone dealt with a similar situation where part of the garden is Freehold and the rest is held under a Council Garden Licence? And how best can we obtain written confirmation of the exact boundary (Freehold vs Licence land)?</p> <p data-end=1385 data-start=1321>Any advice or shared experiences would be greatly appreciated.</p>

Yuk Yip - the title plan will show the registered extent/general boundaries for that title. It's not precise but it wouldn't 'miss' 40% or 20 sqm.&#160;<br> I would suggest you check to see if the missing land is also registered and if so under what title and in whose ownership. Most buyers would ask the sellers to do that for them<br> I've not heard of a Council Licence re such land but again something to query with the seller/Council after checking if it's actually registered&#160;<br> Note - whilst this is a public forum you won't get others posting their experiences.&#160;

Hello Adam,&#160; <p data-end=291 data-start=72>Thanks for your reply. Just to clarify, the whole garden depth is about 25m, and the “confused area” is only around 15% of that not 40% – roughly 3–4m in depth. With the garden width being 7m, this equates to just over 20sqm.</p> <p data-end=548 data-start=293>We are 100% certain that the back part of the garden belongs to the Council. The issue is simply where the exact Freehold boundary is drawn, as the Title Plan and registered documents are not precise and leave this 3–4m discrepancy out of the total 25m.</p> <p data-end=666 data-start=550>Could you advise if there is any way to establish this line more accurately? Because 20sqm discrepancy for a small home garden. Many thanks in advance for your help.</p>

Hello Yuk - still a significant parcel of 'missing' land. My advice still stands and if you confirm whether land to the back is registered you then have the option of using a surveyor to interpret the plans alongside the council, if involved.<br> See PG 40 sups 3 and 5 for guidance re plans, boundaries and more -&#160;<a href="https://www.gov.uk/government/collections/land-registration-practice-guides#guides-40-to-49">Land registration: Practice guides - GOV.UK</a>&#160;<br> But very much Qs to raise with your sellers and have them provide you with answers&#160;<br> &#160;

Cool thanks you the helpful advices&#160;