Land Registry

[bex401]

Not sure if I have posted this in the right section but here goes. . . .

I am currently in the process of selling my semi-detached house,but my solicitor has hit a problem regarding my garden,on the land search the bottom section of my garden is included as being registered to my property.All the gardens in the street end at the same point & back on to gardens from the street behind(i.e no path or road at back).

My solicitor has written to the Land Registry to request that as I have occupied this piece of land in question & no-one has disputed this that they amend the plans to include this land.That was over 2 weeks ago now and we are still waiting for a reply.

Has anyone else had any experience of this type of problem?Are they likely to amend the plans & what are the implications if they do'nt?

I am worried about the sale breaking down due to this,then there is the costs involved.

Would be grateful for any help as this is really getiing me down,thanks!!

[Buenchico]

As long as you've occupied the land for 10 years without any problems, you should have no need to worry. The claim made on your behalf, for adverse possession, is a fairly standard legal procedure and shouldn't take too long to sort out.

For more information on adverse possession, see here:
http://www.planningsanity.co.uk/forums/ap/ap.h tm

Chris

[bex401]

Thanks Chris,but unfortunately I have only been in this house for 3 years,thus the problem.When I bought the house this piece of land was not questioned & therefore not resolved,if it had I would'nt be as stressed as I am now!!

My solicitor said that if the Land Registry do not agree to add it to the plans,then I will have to pay for an indemnity(?) on it,which may affect my buyers mortgage.This will obviously cause fresh problems & could loose me the sale & subsequent purchase of my new home,resulting in lots of solicitors fees.Is this correct??

[Golden Shred]

The first answer is wrong. An Adverse Possession claim will take 2 years to resolve and involves formalities. Presumably your solicitor has merely written a letter and it stands a chance. If it is a small comparitively valueless and useless piece of land that has simply and obviously just dropped out of precise paperwork and nothing more then the LR will rectify it. If not, you can either accept the indemnity insurance route, or fence along the boundary shown on the Plan attached to your Registration and forget about the land giving problems.

[bex401]

Thanks Golden Shred,it is a small piece of land,as I mentioned,just the bottom of my garden.So fingers crossed they will just add it on to the plans. No news yet,but I've heard they are rather slow!!

I did'nt realise the fencing off was an option,maybe that would be less complicated than the indemnity option??

[Golden Shred]

The Land Registry can seem rather slow in these matters simply because the Registrar (who is a Senior Specialist Solicitor) has to use his personal discretion and this requires him to "ponder" a while so that his decision does not bring criticism on himself or the Registry. Fencing it off and forgetting about it is the simplest, cheapest and best option if it can be done without causing other problems (such as an unsightly bottom of the garden). The next best is to buy it if you know the owner. Indemnity insurance is not totally satisfactory and can be a bit messy and expensive. If the Registrar will not agree, fence it off or buy it.