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Ask James Mather Your Own Question
James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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I own a plot of land called No.XXXXX No.34 West Street

Customer Question

I own a plot of land called No.XXXXX
No.34 West Street was built in the early 19th century and was historically attached as part of a terrace to No.XXXXX
No.XXXXXwas demolished in 2002 and hoarded off until 2004, when the vacant site was tarmaced over and chained off restricting access, whilst it was used soley for private parking space by the owner, whilst a sucession of planning consents were pursued for the sites future development in the background.
However, having purchased the site, the deeds forXXXXXshow an unregistered strip of land, on the plot of the original building of No. 34 which serves to seperate it from No. 33.
There has been some talk that this strip of land is a 'twitten' (small public passageway) However the local council have confirmed in writing that the strip of land is not owned by the council, it is not recorded as a public right of way or a twitten and according to their own photgraphic archive No. 34 was always attached to No 33. Ive checked the deeds of all the surrounding property and the strip of unregistered land now missing from plot 34's deeds does not appear in any of them. There's no evidence of removal of the strip of land from 34 title deeds either.
Further to this, applicants/(past owners of the site) since 2002 have all signed Certificate A- on various planning application forms, declaring ownership of the entire plot of land, and in fact there is an extent permission from 2011 to rebuild a property on the entire site..including the strip of land missing from the deeds.
I am hoping to build a house for my daughter on this site and she will need to raise a mortgage to pay for it..this will be problematic if we don't legally own all the land.....can we get the title plan adjusted as it looks very much like a simple drafting error...and if so what kind of information needs to be presented..what process involved etc?
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.

Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.
What would you like to achieve?
Customer: replied 4 years ago.


Hello Mr Denning,

I want the title plan for the property atXXXXXadjusting to show the correct boundary eg the entire site of the original, (now demolished) property at No 34, which was terrace attached to no.XXXXX

This would mean incorporating an unregistered slip of land of about 1.5 mtrs wide, that has somehow sprung up between No. 34 and No 33 on plan and which serves to seperate the two properties.



Expert:  James Mather replied 4 years ago.

Have you occupied this land and treated it as your own and if so for how long?

Customer: replied 4 years ago.

I have only just puchased the land. The published auction details illustrated the entire site being for sale, including the unregistered strip of land running between 34 andXXXXX however I noticed that the deeds didn't match the land sale description before we got to auction and the auctioneers made note of this on the day.


With regards XXXXX XXXXX lands treatment, the previous owner since 2006 ( a now liquidated company) resurfaced the entire ground area with tarmac, and has chained off the area, including the unregistered strip of land, restricting general access with signs saying private property. The previous owner has parked several cars over the entire site whilst it has been vacant, so has very much used the entire site as his own.


I am about to put fencing/ Harris railing around the site to prevent people from hopping over the chain and taking a short cut across the land.



I purchased the land at auction from the Trustees in Bankrupcy acting on behalf of the previous owners lender.


However, the scheme designer/ agent who submitted countless planning applications on behalf of the previous company owner is willing to sign a statutory declaration to confirm that the entire plot for No. 34 , including the unregistered slip of land was always deemed to be in the ownership of his client and that he had signed Certificate A - (a declaration of ownership) with regards XXXXX XXXXX planning applications submitted for the site on the owners behalf in the past.


The various planning applications submitted ( once which is extant) have all been subject to public consultation with notice both erected on the site aswell as individual notices posted to immediate neighbours. Each planning application has been for the redevelopment of the entire site including the unregistered slip between No34 and No33.


I hope this is helpful...could send a plan and photo if it would help

Expert:  James Mather replied 4 years ago.

The important thing is whether the unregistered strip of land was included in the sale contract. It is sounding very much like someone has retained a ransome strip at present.

Do you have deeds for the unregd strip?