Title register and plan error

Hi,
The title plan of a property we are trying to purchase is incorrect (a house split into 2 flats), the boundary includes the downstairs flat garden and driveway. Their title plan only shows their share of the garden and driveway.

Title register: The seller is registered as the owner of 18-20 Marlborough Gardens, not as 18 Marlborough Gardens the flat we are purchasing.

Is this something that can be corrected?
My solicitor will not proceed unless this issues are corrected and the seller's solicitor seems to think this is not an issue.
Any advice will be appreciated.

Thank you
Viki

Hi Viki - if it needs correcting then they need to apply to correct it either as a request to amend (our error for example) or an actual application with supporting evidence to show that it is 'wrong' and this evidence confirms that
The address point is a moot one normally although a lender may see that as a 'risk' and say No
The registered extent issue is a deal-breaker but the details shared don't make it 100% clear to me what the issue is. But there is clearly an issue so down to the solicitors to make a request/apply to get it sorted asap - nothing I can say on here that will dissuade them from that view sadly

Hi Adam,
Thank you for your response.
The lease refers to ''The premises 18-20 Marlborough Gardens'', not as 18 Marlborough Gardens the flat we are purchasing. Title no. is AGL321744. It also says:

“the parcel of land …together with the 48 flats … shown for the purposes of identification only … on the plan drawn hereon and coloured pink”

There is clearly an issue with the lease which the seller's solicitor needs to sort out, perhaps draft and register a new lease.
How long does it take to register a new lease?

Hi Vicky - ok so a few things to note here with regards where the issues may lie. Your second post doesn't quite match what was suggested in your first but I can see why as you are dealing with a 'new' lease (2014) that relies in part on an original one from 1936. A lot has probably changed re property descriptions etc between the two.
I imagine the 2014 was a first attempt to 'sort things out' 
The property description is perhaps a minor amendment as the register could and should probably refer to 18 on it's own to match the 2014 lease and property description as now is. That's just a case of contacting us to explain the property description should be just 18 instead to 18-20. Number 20 is the other part and has it's own leasehold title AGL321426  
As far as the title plans are concerned there's a bit more of an issue to consider as in the case of your flat the title plan was mapped slightly differently to the lower maisonette (lower flat as you refer) as the way we mapped leasehold titles changed in 2014 so one was done in the old way and one in the new way.
The old way was to try and reflect the outline of the actual demise (read the lease for that) and any floor level note/colour reference. The new way has been to simply add the footprint of the building so no attempt to define the actual demised extent
The key though re a leasehold title isn't so much the title plan on it's own but the actual lease itself, or in this case the two leases, old and new. The lease defines the demise/extent and the 2014 new lease relies on and refers to the 1936 and old lease for the defined demise. IF that's where the issue lies as per your original post then as you state another new lease may well be required.
All of that is based solely on what you have shared and what I suspect maybe the issue. Only the conveyancers can confirm/resolve what it is that is the issue and what's needed to remove that hurdle also.
Totally understand that this is probably too much information and may only blur the lines of understanding for you - sorry
My advice would be for the conveyancer, perhaps the seller's, to contact us with your conveyancer's concerns re the property description and leased/mapped extents - they can then put it in their own words of explanation and hopefully get a response that helps move the matter forward re the sale/purchase

Hi Adam,
It is much clearer to me now the way you explained, thank you.
New lease is what i believe the seller's solicitor is trying to avoid, don't understand why.

One last questions: can my conveyancer contact Land registry to clarify/try to sort out the issue or it must come from the sellers conveyancer? 

Hi Vicky - a second new lease will take time and to be honest I'd have thought the 2014 would have covered it re the issues raised. The property description is a separate and resolvable issue without a new lease
Your conveyancer can contact us but do remember it's an issue between the two conveyancers so whilst we can answer their Qs the answers may not resolve the issues they feel exist.
My advice would be to work back from what the reality is on the ground so to speak and ensure the registered information matches - that's essentially what you/your conveyancer would be doing so it maybe something the 2014 lease failed to resolve and it was in fact created for different reason(s)

Hi Adam,
We've heard back from the seller's solicitor, unfortunately the have not done the needful.
We are trying to purchase No. 18
1. We've received the attached this morning. The title still refers to 18-20 Marlborough Gardens - is this something that can easily be corrected by land registry and can i request this change?

2. The title plan is incorrect, showing the extent of 20 Marlborough Gardens which is not even shown edged green with a separate title number to indicate it has been removed from this title as is standard - is this something that can easily be corrected by land registry or what needs to be done for the plan to be corrected. Can i request this changes?

3. The attached Land registry title (and Lease extension) refer to a Lease dated 25 December 1935 which has not been produced to us and the seller's solicitor advised it does not exist and never has. Could this be a typo referring to the lease dated 1936, how can this be remedied? 

i hope you can help with the above 3 points.
Many thanks in advance