Discrepancy on the title plans

Hi,

We are purchasing a land on the auction (expected to complete the purchase ASAP) and we have encountered with a discrepancy on the the provided title plan of land (both issued by Land registry). On one of the title plans for the small land (HD617240) it shows that the land doesn't abut public highway as there is a strip of land remaining in between which is owned privately. Now bear mind that our existing seller has acquired part of the bigger plot from the same private company to ensure that their land abuts public highway.  

To ensure that the sellers claims are right, we have requested a hard copy of title plan for the original lands (HD513538) owned by the previous owner of the plot. This general title plan of the whole area (owned by the original private company) however confirms that the later acquired land abuts public highway, unlike the title plan issued for the current sellers.

Due to this issue, we are unable to complete the purchase as it has some legality issues. It's surprising that land registry has issued title plans with different road footprint. Highway authorities also confirmed that the land doesnt abut public highway. However when we reviewed the TR1 form exchanged between the previous owner of land and the current sellers to us, it clearly shows that one the map that the sold land will abut public highway.

Can you please help us to understand where the issue is and how Land registry can fix this error on the title plan ASAP.

Thanks,
Ben 

Hi Ben - title HD617240 was created after being transferred out of title HD513538 and that title remains in the same seller's name.
You can see what land was transferred at the time in the Transfer dated 1st July 2022 and filed under title HD617240
I suspect that will clarify how and why the new title was mapped in the way that it was and creating the issue you now see. 
However you might be referring to that TP1 (not TR1) in your post and I would suggest that it doesn't show that the transferred land abuts the road but the transferred extent runs at a straight tangent off the mapped garages thus creating the issue you are referring to.
Now the caveat to add here is that OS detail can and does differ over time so the detail that existed in 2022 may then alter as an when the area is surveyed again by OS. But we register the general boundaries at the time that a title is created and mapped so the registered extent is not designed to show the precise legal boundary
In the circumstances and if you believe an error has been made re the registered extent of HD617240 then you should use our contact form to report the error and our support team can take a look and offer an official response
The purpose of my post is an effort to try to explain how the titles might have been ,mapped in the way they have been and to clarify the TR1/TP1 point made.
 

Hi Adam

Thanks for your immediate response, really appreciate it !

I wanted to elaborate more regarding the issue that we have. Please find attached a pdf file (PLAN) which has been approved by Highway authorities that the highlighted area in Blue is still owned by the original owners of the title (HD513538), however the highlighted area is not exactly matching the latest issue of Title plan (HD513538), hence we are unsure whether the small land (HD617240) really abuts the public highway.

Please also check the attached TP1 dated back to July 2022 which was signed and agreed between the original owner of the whole plot (Dovedale street) and the new owner of the small land which clearly shows on the map that the intention of purchase of this small land was to ensure that the bigger land has access to the public highway and it abuts.

For your reference, the previous owner, still owns the remainder of the land on the whole street and it's confusing to understand how they were unaware of their original maps and boundaries, if the strip of land (part of the slim line highlighted in blue in PLAN.pdf) was to exist in between the small land (HD617240) and the public highway.

Please advise ASAP

Thanks

Ben

Ben - many thanks but there's nothing more I can advise you on. As you state the original seller still owns the adjoining land and whilst the Highways authorities will be aware of and can confirm where the road is the key is the Transfer from 2022 and whether that was accurate and/or whether the titles were then mapped as required.
If the Transfer was as intended and mapped correctly then the resolution lies n the strip of land being transferred in it's own right.
Impossible to know how 'aware' the previous parties were but it all comes back to the 2022 Transfer executed by both parties and the plan also signed by them. The title was then registered as submitted and based on the OS detail available at the time
So if you are asserting that the registration was completed in error then you have the contact form option and reporting the error as explained earlier. This forum can't solve such an 'error' for you and is limited to offering guidance and advise as best we can by sign-posting the TP1 and plan as mentioned..