Boundary on title plan totally wrong

Boundary on title plan totally wrong

Postby PDGibson » Thu Oct 06, 2016 6:20 pm

Hi,

The boundary drawn on my registered title plan at Land Registry is totally wrong! This is because the plan that accompanied the original conveyance with the original owners (and all subsequent owners thereafter) also had the boundary drawn wrong. And when I say totally wrong, I mean... totally wrong. The boundary drawn on the title plan shows my plot around 600 square feet, but the conveyance itself says it the plot should be 1200 square feet. So the boundary on the title plan is cutting 600 square feet off. The conveyance says the plan drawing is for identification only.

So how can I get the Land Registry title plan changed to show the correct boundary? Is it a simple case of sending an AP1 form to Land Registry with a copy of the conveyance and a plan with the correct area edged in red or is it not that simple?

TIA.
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Re: Boundary on title plan totally wrong

Postby COGGY » Thu Oct 06, 2016 8:18 pm

Hi

This seems a big difference. Is it possible that part of the property was sold at some time in the past and the plan was overlooked? Have you checked with the Land Registry? Regards Coggy
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Re: Boundary on title plan totally wrong

Postby Collaborate » Thu Oct 06, 2016 9:04 pm

what do you actually physically possess on the ground? 1200 or 600 ft?
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Re: Boundary on title plan totally wrong

Postby PDGibson » Thu Oct 06, 2016 9:16 pm

Hi,

The property was unregistered until I registered it. Before then it was owned by my parents who always assumed it was 600sq yards hence their garden stopped at that point so what is 'actually' possessed is 600 sq yards (so no chance of claiming via adverse possession at this stage but I don't see why I should have to if the conveyance says it's my land?). They never had the deeds because their mortgage lender kept them. But now I have them and I've been going through the deeds and all the previous conveyances clearly state in black and white that the amount conveyed was 1200sq yards, but their plan maps show the boundary as being 600sq yards (even the very first conveyance has this discrepancy). The text of the conveyance says the plan is for identification purposes only.

The "missing" land remains unregistered and no part of the property was ever sold off.
Last edited by PDGibson on Thu Oct 06, 2016 9:44 pm, edited 4 times in total.
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Re: Boundary on title plan totally wrong

Postby PDGibson » Thu Oct 06, 2016 9:22 pm

Sorry, in my first post, where I wrote feet, I meant yards :oops: I'm metric, I'm not used to these old fashioned imperial units used in the conveyances :oops:
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Re: Boundary on title plan totally wrong

Postby COGGY » Thu Oct 06, 2016 9:46 pm

Hi
What is the land which you believe should be yours used for? Is it a garden for another property, or is it just left unused? Regards Coggy
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Re: Boundary on title plan totally wrong

Postby PDGibson » Thu Oct 06, 2016 10:21 pm

Hi,

It forms part of about an acre or so of unused and abandoned land which has become overgrown, full of brambles and 2 metre high impenetrable grass. I'd like to have the full 1200 square yards on the conveyance recognised on the title plan so I can cut down my plot and fence it off and use it to extend my garden (not the whole acre, just the bit that should be mine according to the conveyance). I don't want to go down the route of adverse possession because of the principle of the fact that the conveyance says the land should be mine anyway (and I don't want to have to wait 12 years for the recognition of what should be mine anyway), and my neighbours are the sort of people to accuse me of land theft - at least I could tell them to check the title plan with the L/R if it were properly represented on the plan. At the moment if they check the title plan with the L/R (and they're the sort of people who would do that) it looks like I would indeed be stealing the land.
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Re: Boundary on title plan totally wrong

Postby MacadamB53 » Thu Oct 06, 2016 11:20 pm

Hi PDGibson,

call HMLR to discuss.

on a separate matter, you will need planning permission for the change of use should you wish to use some of vacant land as garden.

Kind regards, Mac
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Re: Boundary on title plan totally wrong

Postby PDGibson » Fri Oct 07, 2016 12:11 am

Thanks Mac, I e-mailed HMLR this afternoon and I am waiting for a reply. I'm the impatient sort (partly why I don't want to do adverse possession, the 12 year wait would kill me) so I thought I'd see if any of you knowledgeable lot had any advice in the meantime :)

re: planning permission - understood. I will do that if and when the land is registered in my name. I wouldn't want the hassle of the fees etc until such a time.
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Re: Boundary on title plan totally wrong

Postby Collaborate » Fri Oct 07, 2016 7:18 am

Getting the evidence of title presented to HMLR will give you all you need to work out whether the title plan is correct or not.
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Re: Boundary on title plan totally wrong

Postby ukmicky » Fri Oct 07, 2016 11:18 pm

If a sim search has this land as not being part of your title your only chance of getting this land is to take it and hope no one comes along and says get off my land.

To get you title changed you will need to

Prove the dimensions written on the plan were correct. Just because you got it written on there doesn't mean it is.

Prove exactly which boundaries need expanding in which directions . I take it there are no measurements from any fixed positions or ground markers .

I also take it you don't have anything which could be considered to be a determined boundary and therefore would carry some legal weight.


.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Boundary on title plan totally wrong

Postby PDGibson » Sat Oct 08, 2016 2:09 pm

ukmicky wrote:To get you title changed you will need to

Prove the dimensions written on the plan were correct. Just because you got it written on there doesn't mean it is.

Prove exactly which boundaries need expanding in which directions .

How can I prove these things?
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Re: Boundary on title plan totally wrong

Postby arborlad » Mon Oct 10, 2016 6:53 am

PDGibson wrote:.......... and my neighbours are the sort of people to accuse me of land theft - at least I could tell them to check the title plan with the L/R if it were properly represented on the plan. At the moment if they check the title plan with the L/R (and they're the sort of people who would do that) it looks like I would indeed be stealing the land.




Have you checked with Land Registry how their properties are described?

How is the acre of ground related to yours, are you a row of properties with the acre running along the rear of them or do you enclose it?
arborlad

smile...it confuses people
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