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my property uses a communal drive which is registered in the

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my property uses a communal drive which is registered in the name of the house at the end of the drive. The land registry title deed for my property has the boundary to this drive in the incorrect place and has been wrong for atleast ten years with no objections. I am now selling my house and the solicitor has identified this error. Can I get an insurance policy to cover this ground were the registered owner to consider this is now his? I think its a case of inaccurate title plans but time is of the essence with the conveyance.

Help gratefully received?
Submitted: 3 years ago.
Category: Law
Expert:  joannem1965 replied 3 years ago.

joannem1965 :

Hello. Could you please explain in what way the boundary is wrong?

JACUSTOMER-jgwpkac2- :

hello. Yes of course. The title deed at land registry identifies that the boundary of my property (the bottom of my garden) stops probably 1 metre short of where it actually stops, so the title deed makes it look like my garden is smaller than it currently is as the additional metre of missing boundary is ncluded in the communal driveway which is registered to the title deed of the house at the very end of the track.

JACUSTOMER-jgwpkac2- :

The metre of land which is part of my garden but looks to be part of the track has my gas mains box on it and there is a picket fence following the edge of the track differentiating my garden from the track. This has been like that since I moved in 8 years ago and looking at the mature hedge line behind the pickett fence, some considerable time before that. The telephone cables to the house at the end of the track also follow the line of the track and not the line of the title deed plan. My opinion is that the title deed boundary has been incorrectly drawn between where the end of my garden stops and here the track begins. Of course the track is registered to the person at the end of the track which makes sence, but typically this metre of ground has been included in that registration by land registry.

JACUSTOMER-jgwpkac2- :

Problem is time is of the essence (my conveyance chain will fall through) as am looking to move so was hoping there was some sort of insurance I could take out to protect my potential purchasers rather than going through the whole land ownership thing with land registry and possibly bringing the problem to the attention of the owner of the track who could then hold me to ransom over a small strip of land he doesn't know is incorrectly registered to him. The very same piece of land which he drives past on the track everyday which is fenced off from the track with mature hedges and trees (with my gas mains box on) and certainly never considered it to be his. Please let me know if I can provide any further information, thanks Matt

Expert:  joannem1965 replied 3 years ago.

Just let me get this correct. Part of the land which you use and have always used is actually registered in the name of an adjoining property.
If that is the situation, how long has it been like this for?
Why don’t you simply get the neighbours to agree to amend the deeds to reflect the situation as it is on the ground?
Presumably the neighbours are not aware of this and therefore cannot have objected. Please confirm
do you have the neighbours title deeds to see whether this piece of land is indeed registered to them? You can get the neighbours deeds here for just 3 pounds

https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/
Customer: replied 3 years ago.

It must have been like this for atleast 25 years looking at the mature trees in the boundary. I've lived here for 7.5 years and its always been like it. I'm confident that the neighbours are not aware as you say I'm sure they would have objected. I would get the neighbours to agree to amend the deeds as a last resort but knowing what there like there is the option that they will hold me to ransom over the strip. If there was another way, i.e insurance to be put in place then I'd rather go down that route as any further delays to the conveyance and I think the chain will crash?

Customer: replied 3 years ago.


Just had a look on land registry as per your suggestion about deeds and it says that no information is kept for the property in question so I cannot check to the extent of there boundaries. I am working on info that my buyers solicitor has identified

Expert:  joannem1965 replied 3 years ago.
Thank you.
It seems that the neighbouring property has not changed hands for at least 20 years and therefore is not registered… BUT…
I’m a bit confused as to how you say it can be registered to the house at the end of the drive which is the one that causes all the problem but then you say that there is no information for the property at the land registry.
So how can you know if the land is registered in the land registry have no details?
You can do a search of the index map at the land registry with a plan and form SIM highlighting the piece of land in question to find out if it is registered to anyone.

You can try to get an indemnity policy in respect of lack of easement was in actual fact this isn’t a lack of easement, this is a boundary dispute and I think it’s highly unlikely that, firstly, you will be able to get an indemnity policy I think it’s also highly unlikely that the buyer’s solicitor would accept it.
I’m sorry, I appreciate that this is not the answer you wanted but there is no point in me giving you anything other than a straight answer. I imagine this is what your solicitor has told you also.
The only alternative is that the buyer buys the property if they are really keen and assumes that they will not get that piece of land or will end up with an argument over it. They will be advised not to buy the property until this is resolved in all probability
Does that answer the question?
Can I answer any specific points?
Please bear with me over weekend because I will be online and off-line from time to time
Customer: replied 3 years ago.


Thank-you. I can see why you are confused. Its my buyers solicitor who apparently has identified that the strip of land belongs to the neighbouring house, I have not seen the title deeds to his house, only my own. So after you suggested running a search at land registry, I did which is when it returned 'no information' relating to his property. I will try to do an index search of his property as you suggest. So your suggestion is that I write to the neighbour and just say that during the conveyance of my house it has been identified that the title deeds identify incorrect boundaries to both our properties and we need to rectify this with land registry? Or do I speak with land registry about this first? What would you suggest is the best procedure to move forward?

Expert:  joannem1965 replied 3 years ago.
You have to look at what the solicitor has and then speak to the neighbour. Land registry is last
Expert:  Nicola-mod replied 3 years ago.
Hello,

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Thank you,
Nicola

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