Land Registry Boundary Wrong/Missing Information

Land Registry Boundary Wrong/Missing Information

Postby cosmarchy » Sat May 13, 2017 7:59 pm

Hi,

Looking to buy a property but I cannot see what the Land Registry is telling me is correct.

The house was built in 1903 and is a mid terrace (was once a shop on a high street). The land registry shows the property outlined in red but the outline does not include the garden which is directly bordering the property. I know that the garden was significantly longer but a while back the council did a compulsory purchase and built some flats but all that did was shorten the garden.

I downloaded a copy of the Title Register and Title Plan and it is rather skimpy on detail to say the least. There is nothing detail prior to 2015 when a charge was put on the property. We believe the neighbours (or at least the current owner believes) they have right of way across but I would have expected to see this mentioned.
In comparison with our current house, which coincidentally was also built on 1903, the Title Plan and Title Register has volumes more detail - rights of way, no pig farming, previous owners etc. but this has practically nothing.

One of the neighbours has applied for planning permission but the Land Registry does not have "record of any titles for this property". We wanted to see whether they 'inherited' any of the garden!!

So my questions are:
1) How do I find out who the garden belongs to?
2) Why would the Land Registry not hold titles for the neighbours property?

Thanks
cosmarchy
 
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Re: Land Registry Boundary Wrong/Missing Information

Postby Collaborate » Sat May 13, 2017 11:12 pm

Do an index map search. Use the land registry plan you have and identify the garden on it. When you know the title number you can get office copy entries.
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Re: Land Registry Boundary Wrong/Missing Information

Postby cosmarchy » Sun May 14, 2017 8:46 am

Thanks for this. I'll take a look.

I've been doing some further digging and see that the Land Registry has the property marked "A Caution" under tenure. If this is what I think it is, the Land Registry definition is:
A Caution against First Registration is a means of protecting a person's interest in an unregistered property and can be registered in respect of charging orders, rent charges and the like.

What strikes me about this is the 'unregistered' bit. It has been there since 1903, and was a shop - surely it had to have been registered to have been built / taxed on? How can the current owner sell it if it is not registered to them??

The Caution Title identifies the Cautioner and provides details of his interest in the property. The Caution is registered separately and is given a title number. In addition to a Caution Title register there is also a Title Plan showing the extent of the property affected by the Caution.


The next two interesting bits here, to me, are the separate title and the extent. If a caution has a separate title, how do you find the original title of the extent of the land boundaries? Why didn't the Land Registry show multiple titles (one for the original and one for the caution) unless there is no original in which case goes back to my unregistered question. Surely no-one would put a caution on unregistered land would they?
Now there is extent. If this is indeed a separate title solely for a caution with the property outlined but not the garden, does this mean the original (if it exists) could include all the house and garden but the caution is in effect only against the house. Essentially subdividing the house and garden?
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Re: Land Registry Boundary Wrong/Missing Information

Postby despair » Sun May 14, 2017 9:12 am

could be a variety of reasons for the caution

i agree it all sounds very odd if the LR will not provide details you might be best to walk away from the property
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Re: Land Registry Boundary Wrong/Missing Information

Postby pilman » Mon May 22, 2017 6:53 pm

Land Registration became compulsory at different times throughout England and Wales.

You have seen the register of title for the old shop that identified the area of land that was first registered when a dealing with that property came after compulsory registration was imposed in your Local Council's area.

The land in the garden behind the building seems not to have been registered, probably because it was not included in the deeds that were provided when that shop was first registered.

There have been no dealing with that garden land since compulsory registration.

Someone has placed a caution on that garden land, which now has a Title number for that caution, although that will not provide any evidence as to who is the current legal owner of that garden land.

You can use the Land Registry web-site and buy a copy of that caution register and title plan to see who made the application for a caution to be registered and why it was made.

It is possible that a neighbour with a right of way over that garden is the applicant for a caution, to ensure that his easement is protected should an application be made to register that garden. The caution will result in a Notice being served on the Cautioner, so that that person can arrange for his rights to be noted.

Are you being told that the Seller of the old shop is selling the garden as well?
If that were to be the case, then you will need to have evidence that the seller has had exclusive possession of that garden for at least 12 years.

That may mean that this would have been adverse possession against a legal owner, but that is all that the Seller could offer to include with the registered title. The possibility that a Possessory Title could be claimed.

That could be a huge complication, rather than a simple sale of land, because currently the Land Registry title and title plan is all that can lawfully be transferred to you without clear evidence of over 12 years adverse possession with the intent to possess by excluding all others including the legal owner.

That will require sworn statements of truth and any other evidence of occupation and possession of the garden together with the house.
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