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Posted Wed, 14 Aug 2024 17:02:27 GMT by Stuart James
Hi<br> <br> We are in the process of buying a property and the boundary on the plan stops short of the boundary in reality. Attached are the title plan, a satellite image marked up with the actual boundaries and the title register of the property.<br> <br> There is a thin wildlife corridor behind the back fence that has a width of 1 foot, but the gap shown on the plan is much wider than that and also not present on neighbouring properties. I noticed that the title plan mentions that it isn't to scale and there may be discrepancies in size, but this seems like a big difference and such wording seems to negate the purpose of the plan as a legal document.<br> <br> Any help much appreciated
Posted Wed, 14 Aug 2024 17:05:21 GMT by Stuart James
Further to my original post, the latest ordnance survey map shows the boundary correctly, as shown here
Posted Thu, 15 Aug 2024 06:05:49 GMT by Adam Hookway
Stuart - if there's a discrepancy between the title plan and the boundaries on the ground then something to query/raise with the seller
The title plan will show the general boundaries and the title plan guarantees the registered extent as shown. It's not intended to show the precise legal boundary as no plan achieves that but it still has a very positive impact as a legal document, otherwise there'd be no issue re the extent being sold against that which is registered.
The land to the rear of the properties in Hazelbank Road is registered so you may wish to compare title plans against the reality on the ground. Ensuring that what you are buying is registered to your seller is a key aspect of the conveyancing process involved
If you need more guidance on title plans/boundaries then our series of PG 40 supplements explain more
Land registration: Practice guides - GOV.UK (www.gov.uk)
Posted Thu, 15 Aug 2024 06:29:06 GMT by Stuart James

Hi, thanks for such a quick response. I’m a little reluctant to appoint a surveyor and go through the process of getting everything reviewed as it will be both costly and time consuming and may jeopardise both our sale and purchase. 
 

I did query with the seller and they ensured us that the section to rear is the wildlife corridor but that it isn’t to scale. And they mentioned that the reason other properties extend fully is because they have extending their gardens into the wildlife corridor. Presumably then claiming this land as their own. 
 

The wildlife corridor is owned by the council (beyond that is a new build development). Does the fact that it is owned by the council have any bearing on how easy it is to claim that land or update the plan? And does the fact that neighbouring properties have extended into this corridor and had their plans updated act as a precedent for us to do the same in future? 
 

Im leaning towards going ahead with the purchase and getting plans updated at a later date. I understand there is some risk with that, but it feels small given the multiple neighbouring properties that seem to have already done this. I downloaded the title plan for next door and there boundary is the full length with no wildlife corridor, which also reflects our title plan. 

Posted Thu, 15 Aug 2024 06:41:00 GMT by Adam Hookway
Stuart - if the land is being claimed then whether it's the council or a private individual has no bearing on the claim being made. 
What's happened next door has no bearing on matters. 

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