There exists a strip of unregistered land between my registered plot and the neighbour's property. It lies within an obvious and clear boundary in my garden and has been used as such for a number of decades. At the time I bought the house no old deeds were available and so the previous owner of several decades issued a statement of truth to the effect that it had always considered to be part of the garden etc etc. After the move, this statement of truth was used on form ST1 to apply for adverse possession and has been an active case for a number of months. Now, some time later, we have uncovered old conveyancing docs which seem to indicate that there is an error on the title plan for my property caused by the fact that the whole plot was split into two in the 1970s (one building plus middle section of garden and second building plus two sections of garden) then amalgamated back into one plot when someone bought both plots a few years later. The deed maps show details of the different sections and rights of way for both owners to access their own bits of the garden along the, what is now, unregistered land). It would appear that the title plan was incorrectly drawn/updated when the house became one plot, leaving the (pathway) strip as unregistered.
The question is, what do I do with this information now? There is an active adv possession application in progress, but the newly found old deeds would surely trump this and potentially prove absolute ownership? Do I cancel the adv application and start again? Or are the new deeds just evidence to back up the adv application?
To complicate matters, I am in the process of selling up (have a buyer), so am conscious that starting again with a new application would probably jeopardise the sale.
Thanks.
