Lease / title deeds show different boundaries

Lease / title deeds show different boundaries

Postby al » Fri Mar 25, 2005 5:33 pm

I own a flat converted from a large house (4 flats in total). Each flat has its own garden and plans are included on the lease as to where the boundariesfor each garden lie. There is a small strip of land that has a little brick wall which separates our garden from the communal carpark. However, on the lease, the boundary line is drawn a little too far to the left, chopping off 1.7metres worth of garden and demarcating it as a communal area. (we think someone made a mistake because its difficult to tell from the plan where the wall is). So, I checked the title deeds plan and the lease plan on the land registry website and it clearly shows on both of them that the land is part of our garden. Our lease plan is different to the one with land registry. However, which plans would take precidence? I am assuming that the land reg version takes priority here, but as we have technically signed the lease to say that we accept the plans as they are shown(which miss out the strip of land), I am not sure where we stand with regard to ownership? The land has always been assumed to belong to the flat and we bought it having been told as much. As far as i know, no-one has really spotted this error in 20 years, and being an honest guy I told the freeholder - but now he is wanting to sell it to us. Im not sure we could even buy it because i think we already own it!?

any advice appreciated
al
 
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Postby Danny » Fri Mar 25, 2005 8:14 pm

Which plans are the most recent?

Is there a Title to the strip of Land reg at the Land Reg office?

You could contact your local Land Reg office and ask for advice.

What does the Title/Plans of the other tennants in your block show the strip of land to be / belong too?
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Postby al » Sat Mar 26, 2005 1:30 am

THanks for your reply. i think i will have to try the local land reg office, but to answer your q's..

Which plans are the most recent?
I dont know. i guess the lang reg title deeds for the entire building were submitted in 1982 when the house was converted to flats. I have no idea how old the plan on the lease is. It is a copy of the lease plan on the land reg site, but a solictor has annoyingly misinterpreted the boundary and drawn it with a big marker pen.

Is there a Title to the strip of Land reg at the Land Reg office?
well, the land definately belongs to us as shown on the title deed for the whole building, and the lease for our flat held on the land registry website, so i would assume we did own it. i mean, if we were to 'buy' it from our freeholder, when we submitted it to land reg there would be absolutely no change to what they have on record!

You could contact your local Land Reg office and ask for advice.
yep - will do

What does the Title/Plans of the other tennants in your block show the strip of land to be / belong too?
from the versions on the land registry site, the other flats' boundaries or communal areas are not shown. Im sure the physical leases would show where the communal area ends, but if the same solicitor marked out the boundaries the same error would be there, and also we arent easily able to view the other flats/leases as all the other flats are owned by the freeholder!
al
 
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Postby Danny » Sat Mar 26, 2005 4:17 am

Title deeds / plans have the misfortune of being lost, altered, torn, written over, damaged with big marker pens or just not issued etc, etc. If I had a copy of my Title / Plans that had been drawn over, I would ignore them and apply to the Land Registry office for original copies which I belive have written on them something like, Original copies, admissable as evidence. I am not sure if Title deeds or Plans downloaded from the Land Reg web site are classed as Original copies or admissable as evidence.
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Postby Angelisle » Sat Mar 26, 2005 10:59 am

Al,
Title and Plans downloaded from the Land Registry are not admissable. They are a condensed version and state for information only, as they only contain a proportion of the original information. I hope this helps.
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