Is all land registered?
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Discussion

Greenmantle

Original Poster:

1,718 posts

124 months

Monday 25th November 2024
quotequote all
Dealing with my parents home.
They have two parcels of land which I always assumed had their boundaries joined to each other on one side. Glancing at both title deeds I see that is not the case and that there is a strip of land between the two. This is the family (my childhood) home which I have known for 50+ years. How do I find out if there is a title? The two parcels have always been enclosed in a single fence around the whole two pieces and there are no rights of way.

BTW The Land registry Website is Rubbish and I am of the assumption trying to speak to them will be useless.
Thanks.

Panamax

6,645 posts

50 months

Monday 25th November 2024
quotequote all
Greenmantle said:
BTW The Land registry Website is Rubbish.
No it's not. It's remarkably effective.

Most, but not all, land is registered. Populated areas of the country are subject to "compulsory registration" which means that when unregistered land is transferred (conveyed) it must be registered by the purchaser. If your folks land hasn't changed hands for a very long time it's entirely possible that one or both pieces are unregistered. If it's unregistered there's no point blaming the Land Registry - they only know what they've been told.

What you need to do is a "Map Search" on the Land Registry website. It's a remarkably straightforward process where you identify on their map the land and surroundings in which you are interested and as you zoom in all the registered bits and their Title Numbers will be visible. you can then search against any such numbers for the Title itself and the Filed Plan.

In old days it was common for maps and plans used for conveyancing to be inaccurate. Just because your two plans don't meet at a common boundary line doesn't mean there's necessarily anything in between.

The bottom line is check it out yourself if you want to and then a decent solicitor/conveyancer on the job.


Panamax

6,645 posts

50 months

Monday 25th November 2024
quotequote all
Here's a specific link to the Map Search facility,
https://search-property-information.service.gov.uk...


Greenmantle

Original Poster:

1,718 posts

124 months

Monday 25th November 2024
quotequote all
Thanks for your replies.
The gap piece of land (between the two that I have title deeds for) only shows up in an older much bigger title which was prior to the purchase by my parents.
Basically this large piece of land was a buffer zone and was owned by a company which was made up of the 5 neighbours backing on to the houses.
Just before my parents bought the house that large field was broken down into 5 pieces and was individually owned by the owners of the houses.
So now we have a piece of land which isn't on any title and I am now assuming that its a mistake when the land was broken up.
It isn't possible for it to be owned by someone else since it is surrounded by my parents two titles.
Could I be correct that this was a mistake?
How do I go about correcting it?

blueg33

42,047 posts

240 months

Monday 25th November 2024
quotequote all
Merge the two parts. Ideally via a solicitor. Land reg will register as one title.

Rufus Stone

10,585 posts

72 months

Monday 25th November 2024
quotequote all
Might be hard to prove a mistake if it was decades ago.

If you have used land as your own for a certain period, 15 years I think, without challenge you can claim possessory title of it. Consult a property solicitor.

Panamax

6,645 posts

50 months

Monday 25th November 2024
quotequote all
Greenmantle said:
How do I go about correcting it?
You'll need to get a professional on the case if you're not familiar with these things.

A Map Search should done to make sure the land isn't already in someone else's registered title. Either way, you (or someone else with direct knowledge) will then need to swear a statement saying it's been enclosed as a single plot for an appropriate number of years without any lease/licence and without any challenge.

blueg33

42,047 posts

240 months

Monday 25th November 2024
quotequote all
Panamax said:
Greenmantle said:
How do I go about correcting it?
You'll need to get a professional on the case if you're not familiar with these things.

A Map Search should done to make sure the land isn't already in someone else's registered title. Either way, you (or someone else with direct knowledge) will then need to swear a statement saying it's been enclosed as a single plot for an appropriate number of years without any lease/licence and without any challenge.
You don't need sworn Stat Decs any more. Best evidence will be photos showing it enclosed as one. Google earth will help, you can also look back in time with that

Lotobear

8,049 posts

144 months

Monday 25th November 2024
quotequote all
blueg33 said:
Panamax said:
Greenmantle said:
How do I go about correcting it?
You'll need to get a professional on the case if you're not familiar with these things.

A Map Search should done to make sure the land isn't already in someone else's registered title. Either way, you (or someone else with direct knowledge) will then need to swear a statement saying it's been enclosed as a single plot for an appropriate number of years without any lease/licence and without any challenge.
You don't need sworn Stat Decs any more. Best evidence will be photos showing it enclosed as one. Google earth will help, you can also look back in time with that
...really?

blueg33

42,047 posts

240 months

Monday 25th November 2024
quotequote all
Its now a "Statement of Truth" which IIRC isn't a sworn document.

Its probably a moot point though. From the description the LR are likely to recognise the land has been used as one parcel, and a gap on old drawings is as likely to be a drawing error as anything.

Edited by blueg33 on Monday 25th November 13:51

Lotobear

8,049 posts

144 months

Monday 25th November 2024
quotequote all
You can still use a sworn Stat Dec which, I'm informed, carries greater legal weight. I've just done one when we sold our property and discovered 2 parcels of unregistered land which were not included in our first registration app when we bought the property 28 years ago. Our buyers insisted on a SD, presumably to make a future application more forceful even though I could prove unequivocal use of the land for well over the statutory time limit.

...I don't understand quite why the two options co exist though.

Lotobear

8,049 posts

144 months

Monday 25th November 2024
quotequote all
PS: I may be wrong but I don't think you can merge titles until the possessory titled land has been registered as such for 15 years and then qualifies for title absolute.

blueg33

42,047 posts

240 months

Monday 25th November 2024
quotequote all
Lotobear said:
PS: I may be wrong but I don't think you can merge titles until the possessory titled land has been registered as such for 15 years and then qualifies for title absolute.
Forgot that, you could be right. Just trying to remember of any of mine have merged on transfer.

C4ME

1,586 posts

227 months

Monday 25th November 2024
quotequote all
Greenmantle said:
Thanks for your replies.
The gap piece of land (between the two that I have title deeds for) only shows up in an older much bigger title which was prior to the purchase by my parents.
Basically this large piece of land was a buffer zone and was owned by a company which was made up of the 5 neighbours backing on to the houses.
Just before my parents bought the house that large field was broken down into 5 pieces and was individually owned by the owners of the houses.
So now we have a piece of land which isn't on any title and I am now assuming that its a mistake when the land was broken up.
It isn't possible for it to be owned by someone else since it is surrounded by my parents two titles.
Could I be correct that this was a mistake?
How do I go about correcting it?
Bolded bit ... I don't think that is true.

TheK1981

261 posts

91 months

Monday 25th November 2024
quotequote all
Panamax said:
Here's a specific link to the Map Search facility,
https://search-property-information.service.gov.uk...
How accurate is that search? I have the copy from when I bought my house 10 years ago, just seems like theres a slight difference, or is that just for reference and you need to get actual copies?

Panamax

6,645 posts

50 months

Monday 25th November 2024
quotequote all
Land Registry has been transitioning to digital mapping and you may get apparent discrepancies if your particular plan hasn't been digitised. Where there's uncertainty they send out a survey team who do a physical walk around and map the actual boundaries by satellite.

The history of conveyancing leaves the Land Registry with a jigsaw puzzle whose pieces don't necessarily fit exactly together. When unregistered land suddenly comes up for registration it's like finding a missing piece of that jigsaw - which may or may not fit.