Hi so yesterday I sent the whole sorry mess in my first post Boundary Dispute and think I may have over done it a tad so my main point is really based on if not the registered owner and in the registration gap so no real legal power and HMLR will revert to the registered proprietor does that not work in reverse once you are no longer the registered proprietor by way of transfer to the new registered owners ???
Two purchasers on neighbouring properties
Registered proprietors of properties A & B put a determined boundary application in to HMLR 6 weeks before both purchasers complete on respective houses
The determined boundary application is declined by HMLR with requisition points and then for the agreement to be re-signed by both parties
Proprietor of A has taken land registered to Proprietor of property B over a number of years
Proprietor of A has attempted to register said land on a number of occasions previously and all times declined by HMLR as being part of land already registered to Proprietor B's title
The purchaser of Proprietor B's property is unaware of any agreement throughout purchase and for a number of years after the fact
Purchaser of property A is registered at HMLR within 2 weeks of completing on property A
Purchaser of property B is not registered until after this time but is living in property B so falls into the registration gap
2 months later the declined boundary agreement is registered at HMLR no change to the document at all so states "we the registered proprieties of Properties A and B confirm this agreement" it even has the original date of 2 months previous although HMLR state there is no other document on record just the original one, no letters out to property B owner or registered proprietor as confirmed by HMLR to agree this change.
At that point the registered proprietor of property A has also changed to the purchaser surely this means that they no longer have legal recourse to agree a boundary or anything in terms of this property? and the new purchaser now the Registered owner would have to make their own application for the boundary change.
Registered proprietor and owner of Property B are not notified of the changes going through on the original document and they had not resigned a new boundary agreement document they were long gone again confirmed by HMLR.
In essence the new owner and yes registered proprietor of Property A agreed the boundary changes all on their own without even having their names on the agreement in question
Any help would be much appreciated
Thank you
Two purchasers on neighbouring properties
Registered proprietors of properties A & B put a determined boundary application in to HMLR 6 weeks before both purchasers complete on respective houses
The determined boundary application is declined by HMLR with requisition points and then for the agreement to be re-signed by both parties
Proprietor of A has taken land registered to Proprietor of property B over a number of years
Proprietor of A has attempted to register said land on a number of occasions previously and all times declined by HMLR as being part of land already registered to Proprietor B's title
The purchaser of Proprietor B's property is unaware of any agreement throughout purchase and for a number of years after the fact
Purchaser of property A is registered at HMLR within 2 weeks of completing on property A
Purchaser of property B is not registered until after this time but is living in property B so falls into the registration gap
2 months later the declined boundary agreement is registered at HMLR no change to the document at all so states "we the registered proprieties of Properties A and B confirm this agreement" it even has the original date of 2 months previous although HMLR state there is no other document on record just the original one, no letters out to property B owner or registered proprietor as confirmed by HMLR to agree this change.
At that point the registered proprietor of property A has also changed to the purchaser surely this means that they no longer have legal recourse to agree a boundary or anything in terms of this property? and the new purchaser now the Registered owner would have to make their own application for the boundary change.
Registered proprietor and owner of Property B are not notified of the changes going through on the original document and they had not resigned a new boundary agreement document they were long gone again confirmed by HMLR.
In essence the new owner and yes registered proprietor of Property A agreed the boundary changes all on their own without even having their names on the agreement in question
Any help would be much appreciated
Thank you