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Posted Mon, 23 Dec 2024 10:59:23 GMT by S Boudjabeur
I am in the process of buying a property, however, we have discovered a discrepancy in the transfer plan and title plan. For info, there were two transfers, one in 2015 and another in 2016. The transfer plan (2016) we are purchasing includes a land that was previously transferred to another title in the previous year (2015) and it was not mean to be part of the 2016 transfer plan. The solicitor contacted the Land Registry asking requesting a note to be added saying the 2016 transfer plan is incorrect. The Land Registry confirmed that such discrepancy has no impact on the title plans of the properties and therefore are not willing to add a note.
Would such a discrepancy have any impact in the future when it comes to selling the house or getting a mortgage? Also, am I right in understanding that the Land Registry Tile Plans take precedent and therefore the transfer plans have no impact or do they need to be corrected. Thank you.
Posted Mon, 23 Dec 2024 11:55:27 GMT by Adam Hookway
S Boudjabeur - we don't add notes re the accuracy or otherwise of Transfer plans so it reads as if the discrepancy was 'too small' to show up on a title plan that shows the general boundaries and is not intended to be definitive re the exact legal boundary.
Whether such a discrepancy has an impact in the future is impossible to answer as that will come down to the buyer, conveyancer and/or lender involved at the time and whether they investigate to such lengths that the issue is raised.
As you state a buyer will look at the title plan and be asked, by their conveyancer, to compare that with the reality on the ground and flag any issues. 
If the Transfer has been registered you can't then change the plan. THe usual way to resolve any issues is to Transfer the part in error and register that.
Posted Mon, 23 Dec 2024 12:25:23 GMT by S Boudjabeur
Dear Adam,
Thank you for the swift reply.
actually, it is not a small patch. Land Registry informed us that the discrepancy has no impact on the title plans concerned by the 2015 and 2016 transfers. 
The property we are interested in purchasing is the one a title plan that does not include the said land as it was transferred the previous year. We are not disputing or interested in reclaiming the land just that we are concerned if this becomes an issue down the line. 
I thought if the title plan are correct this is fine and more important than the transfer plans. Is this case?
you have mentioned that there could be an issue with future buyers or lenders. What could be the issue if the title plans are correct.
thank you
Posted Mon, 23 Dec 2024 12:39:58 GMT by S Boudjabeur

Also - I understand that the land registry won’t add a note but was wondering if there is any other way to address this situation where a note is add somewhere confirming that the transfer plan is incorrect. In fact, it will not be possible to “re” transfer the part of the land and then re register because the land in question belongs to another party when it was transferred correctly in 2015. The 2016 transfers plans are incorrect as they included mistakenly part of a land that didn’t belong to the transferee at that time.

regards

Posted Mon, 23 Dec 2024 12:46:52 GMT by Adam Hookway
Dear S Boudjabeur - it's only an issue if a buyer/lender spots it and queries it in exactly the same way you have.
The title plan is what a buyer/lender would rely upon re the registered extent/general boundaries for what they are buying
We don't make Notes of the type you refer to.
I would suggest going back to what was originally asked of us and our reply. If that reply is now insufficient ask again with specifics and it can be explained. Something may have been considered/communicated back ion 2015/16 for example to explain why the registration was completed as is despite the apparent discrepancy.
The devil will always be in the detail and not something explained away in general terms in my experience
As you are the buyer such Qs should be asked of the conveyancers involved and if they then need specific answers the issue can be queried in more detail with HMLR. We are guaranteeing that the title plan shows the general boundaries/registered extent

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