Multiple Title Numbers on the same property

We are going through conveyancing for the sale of a property that my wife and I bought in 2009. We received an enquiry from the buyers solicitor to confirm that the title plan matches that which is on the ground. The red lines on the plan did not go up to the rear fence of the property, leaving strip of land outside of the red lines. Further investigation revealed that the Title Register included a second Title Number entitled Land at the back of (address of Property). The registered owners are the couple who originally purchased the property from the developer back in 1988. The strip of land was registered 2001-12-11. The property has had at least two other owners before we purchased it and this strip of land was not identified in the conveyancing process when we purchased the property.

How do we get the title of this strip of land transferred to ourselves? Our buyer is reluctant the exchange/complete on the sale until this issue is resolved. Any delay could result in the buyer's house sale falling through.

David - you have two choices really. The first is to trace the still registered owner(s) and have them transfer the land to you OR you consider claiming the land through adverse possession 
Before doing either please do speak to your conveyancer to clarify and to confirm which is the best way forward. 

Hi Adam,

We have traced the registered owners of the small strip of land (NK271871 - Title Possessory dated 2001-12-11) at the back of our property (NK267581 - Title Absolute dated 07-09-2009). 
My conveyancer has written to them on the 20-09-2024 to request that they transfer ownership of the strip of land to us.

As of today 30-09-2024 we have had no response from them. This is delaying the sale, as the title enquiry from the buyers solicitor remains open. I would like to understand our position if the owners of the strip of land decide not to agree with our transfer request.

In your original response it stated that we could consider claiming the land through adverse possession. Is this approach still valid if the current registered owners hold Title possessory. The small strip of land sits within the fenced back garden of the property with no other access to it.

I don't understand how this was missed by the conveyancing process when we purchased the property back in 2009. I also don't understand how there can be two registered titles held by different people against a property at the same address?

Hi David - if they won't involve themselves then the second option, adverse possession, remains and you should discuss with your conveyancer the legal requirements for making such a claim. 
When a purchase completes the conveyancer usually asks the buyer, their client, to check and confirm that the registered title matches what the reality is on the ground. If they did that and the extra land was 'missed' then I suspect the conveyancer will suggest it was the fault of the client for not spotting the 'missing' land and querying it. 

Hi Adam,

I have just had a meeting with the registered owners of the strip of land within the fence boundary of the property (but outside the red line boundary in the title plan). They have agreed to transfer the ownership of this land (NK271871) to my wife and myself. When they received the letter from my solicitor they called him three times and left messages but he has failed to return their calls. I will be taking this up with him on Monday.

Where can I find the forms that we need to complete and submit to HMLR to get the transfer of ownership made?

Kind regards David

Hi Adam,

I forgot to ask the following question: Is it possible for the title plan to be amended to include this strip of land within the redline boundaries to match the fence lines of the property to prevent future issues with the Title Plan?

Hi David - see our online guidance on how to transfer land/property. 
Whilst you can ask us to amalgamate the land with your existing title we may refuse to do so but that should not really matter from a registration perspective.

Hi Adam,

I have run into complications with the transfer of the strip of land (NK271871) at the back of our property (NK267581. The owners are willing to transfer the land to me however my conveyancer suggested that they need to engage their own conveyancer/solicitor and provide ID verification prior to returning the completed TR1 forms. The cost of doing this will be in the region of £200 - £300. Which the current owners of the land are stating that they are not prepared to pay. Taking into consideration that they sold the property 20 years ago they do not see this as their problem. 

The TR1 form section 8 puts the consideration paid at £1.00 therefore under the £6000 value that HMLR set the requirement for identity verification requirement. Would HMLR accept the Completed TR1 without a completed ID3 verification?

Hi David - if the value of the land (not the £1 consideration) is less than £6K then identity verification is not required on submission. We can still ask for it if we feel it is necessary but that is fairly rare

Hi Adam,

I am in close communication with the registered owners of the piece of land (NK271871) at the back of our property. My solicitor has sent them a TR1 form to transfer the property to myself and my wife. They have signed the document in the presence of a witness who has signed and added their address. The TR1 forms have also been signed by myself and my wife and witnessed by our next door neighbour.

The signed forms are being sent by our solicitor to our buyers solicitor to resolve the boundary enquiry that they raised.

The registered owners of the piece of land are using the ID3 form to support the TR1. They are currently experiencing problems getting their ID3 forms verified. Their GP practice have stated that they do not provide this type of service for their patiences and heir dentist has only treated the wife but not the husband. They do not know anyone from the remaining list of verifiers.

No money (other than the £1 "one GB Pound Stirling") is exchanging hand for this transfer. The land is, and has for the last 36 years been part of the back garden of 22 Manor Chase, Taverham, Norwich NR8 6UB.  It hold no commercial value or right of access  to anyone other than the owners of the property (NK267581). If the piece of land does have a value how can this be established? I therefore question if identity verification is required.

The registered owners of the piece of land (NK271871) are also the current registered owners of 4 Arnfield Lane, Norwich, Norfolk, NR5 0EB which they purchased in December 2016. Does this fact not verify their identity for this transaction.

This current situation is causing lots of unnecessary stress to four families (ourselves the sellers, our buyers, their buyer and the current owners of the piece of land) Can common sense prevail in this matter.

I would value your guidance.

David

Hi David - as previously stated if the value of the land is less than £6K then identity verification is not required on submission of the application.
A local land/estate agent can value the land if that's what's required
Conveyancers may still require verification for their own needs however
And if ID3 cannot be used for any reason then form ID1/conveyancer must be 
 

Hi Adam,

ID1's completed by an independent solicitor and being hand delivered to our conveyancer tomorrow morning. These along with the TR1 for the transfer of the piece of land will be sent to our buyers solicitor to close out the boundary enquiry that they raised on the Title Plan. This is the last hurdle so contract exchange should now be possible. 

I would like to thank to for all of the guidance that you have provided.

Hi Adam,

I was informed by my solicitor that the TR1 & ID1's were submitted to HMLR on 30/10/2024 and that they had agreed to expedite the transfer application within 10 working days (by end of play 13/11/2024). If nothing is forthcoming today then what is the process for requesting a status update on the application?

Hi David - I'll check with the casework team for an update 
Expedition was approved and processing started but the 10 days quoted is the time between expedition and processing generally starting. Processing has started but clearly something has then delayed it being completed.
NK271871

Morning David - the application has been completed and the register updated I am told. Apologies for the delay
NK271871