Land transfer question
Discussion
Hi all. I'm in the process of purchasing my neighbouring garden. It has not been a smooth process but we eventually got the contract through to sign last week. When reviewing them it was obvious that although the Land Registry plans show the correct plot the written documents showed the wrong address.
For context the land we're after is adjacent our garden but over the back street. As such all emails have referred to 'the land to the rear of 20 John Street, Sheply, Consett, DH8 7NP' (not real address). However the contact refers only to 'Land at Front Street, Sunniside, Consett'. This is about two miles away on the same road as my house. I've contacted solicitor who say this is normal and simply the address the plot was first registered as. Can this be right? Is it normal for a plot to have such a wildly different address?. Does it matter? I'm concerned that if I have to prove I own the land for some reason it would be needlessly complicated. If anyone can advise I'd be grateful. Thanks.
For context the land we're after is adjacent our garden but over the back street. As such all emails have referred to 'the land to the rear of 20 John Street, Sheply, Consett, DH8 7NP' (not real address). However the contact refers only to 'Land at Front Street, Sunniside, Consett'. This is about two miles away on the same road as my house. I've contacted solicitor who say this is normal and simply the address the plot was first registered as. Can this be right? Is it normal for a plot to have such a wildly different address?. Does it matter? I'm concerned that if I have to prove I own the land for some reason it would be needlessly complicated. If anyone can advise I'd be grateful. Thanks.
Sorry I’ve just seen this.
You say the land is adjacent but then say it is over a road…
That is unclear.
Your solicitor is human and therefore can make a mistake- granted, there will be insurance but the whole process might be avoidable if you clearly state in an email what you say here - you say you’ve spoken to your solicitor but an email is valuable proof of you raising the point - it might bring a further enquiry. Better to hit this all head on now than try to fix any mistakes.
You say the land is adjacent but then say it is over a road…
That is unclear.
Your solicitor is human and therefore can make a mistake- granted, there will be insurance but the whole process might be avoidable if you clearly state in an email what you say here - you say you’ve spoken to your solicitor but an email is valuable proof of you raising the point - it might bring a further enquiry. Better to hit this all head on now than try to fix any mistakes.
To clarify. My current garden and garage is over a back street from my house. My neighbours garden is also over the back street. Essentially it is a row of terraced houses with rear yards leading onto back street. Then over the street is a row of plots with gardens and garages on. I’ve raised it with the solicitor via email who says it’s fine but I’ve no experience of this. Thanks
I’ve not actually met the sellers. The plot belonged to a neighbour who died 10 years ago. The plot went to his for surviving children who left it unattended for 10 years. They eventually decided to sell it last year we put in an offer immediately which was accepted. They weren’t exactly motivated sellers, and then one of them died unexpectedly, so the whole thing went into probate.
autumnsum said:
Why are you using a solicitor at all? Get yourself down to the land registry in Durham with your neighbour, and they will do it for you for free. That's literally what they are there for.
No, they won't. What on earth gave you the idea that HMLR would draw up a contract?autumnsum said:
Why are you using a solicitor at all? Get yourself down to the land registry in Durham with your neighbour, and they will do it for you for free. That's literally what they are there for.
Terrible advice. That’s really not what the Land Registry are there for. They are there to process applications lodged with them, and maintain the register.
DIY conveyancing is, at the best of times, a very bad idea. But that’s especially the case when the transaction is a transfer of part of a registered title (as opposed to the whole of one), which this probably will be. That’s because appropriate easements for the two plots (once separated) need to be considered and created in the transfer deed, and potentially other matters too such as creation of new covenants.
On that point, wannabe DIY conveyancers seem to think of a TR1/TP1 as ‘just a Land Registry form’. Like a form you fill in to register with a GP. It’s not - it’s much more. It’s the transfer deed that transfers ownership of land from one person to another, and needs to contain all the appropriate provisions, whatever those might be in the circumstances. That’s one of the reasons why preparing one is a reserved legal activity - i.e. one that only legally qualified people are permitted to carry out (unless you’re attempting to do it for yourself).
To answer the OP’s question, it might well be that the description of the land in the documents is correct, even if it’s wrong in a practical sense. It should match the description on the title register, which quite often doesn’t get updated as matters on the ground change. So as someone else said, raise it with your conveyancer and ask them to check it, then listen to what they say on the point.
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