Thanks for your enquiry.
Could you please just clarify that your TP1 was successfully registered at the Land Registry, showing the original and correct route of the right of way granted to you? (I ask this as you say that your boundary with the Land Registry is wrong).
I look forward to hearing from you.
I see that the previous expert has opted out. I will try to help.
Whereabouts does the right-of-way run on the plan?
Ignoring the land registry plan and the TP1 and leaving the right-of-way aside, is the boundary where it is, where you understood it was going to be when you bought the property or have you now lost a big chunk of your land? You say that after you bought the property a month or so later the potential purchasers of plot three decided they wanted extra garden which seems to conflict with what you purchased.
Was the boundary between 3 and 4 moved before you exchanged contracts or afterwards and if it was before, were you aware that the boundary had moved? Or, is the only issue that the Land Registry plan is not correct?
Correcting the plan is an easy enough job for the solicitor.
However if you thought you were buying this extra piece of land and when you got there, you found out that he had sold it to 3 for an extra £20,000 then you are entitled to the value of the land which is the £20,000.
It is when you say “after we purchased a month or so later the potential purchase of plot 3 decided they want the extra garden so the builder sold them that”.
I need to know whether you are claiming that the dogleg in the land which 3 has, should belong to you.
Thank you. It did appear from what you said that the developer move the boundary after you purchased but, you have now clarified that was not the case.
The Seller should provide you with an amended plan which your solicitor then files at the Land Registry. If the right-of-way is noted in the title and the plan and hence, the location of it is mentioned in the deeds, that also needs amending.
The Land Registry may want a Statutory Declaration from the developer as to why this is wrong and you will probably be required to sign the transfer deed also.
You are not entitled to any compensation if you were never buying the extra land, only if you thought you were buying it and didn’t get it.
You would be entitled to a small amount for actually sticking the signature on the page and your solicitors costs because any work done by your solicitor on this, is not your solicitor fault and he is entitled to be paid for it.
Can I clarify anything for you?
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We can still exchange emails.
I apologise but I don’t understand. You said that you didn’t buy this land and never thought that you bought the land and hence, the boundary would be where it is on the site plan and not the transfer plan. It’s just that the transfer plan is wrong.
If you bought the property based upon the transfer plan and that was how it was represented, then you are entitled to that extra piece of land and if you haven’t had that piece of land, then you are entitled to the cost of it which, in this case would be the £20,000 not the £5000.
That explains it. I see exactly what you’re getting at now, the right-of-way goes around the extra piece of land as opposed to going straight down the original border which is the yellow line on the title plan.
The compensation in respect of the extra small amount of distance at £500 is probably quite reasonable. I think you would not get any more of this went to court plus you would have all the court costs. The reason is that the amount of extra distance that you are required to go is actually negligible. Probably about 10 or 12 feet it seems from the plan.
However, the remedy is the same, the seller provides you with an amended title plan which your solicitor sends to the Land Registry along with an explanation as to the error.