TP1 incorrect

[dotto]

We recently bought a new-build property. The developer had bought a piece of land which already had a fence around the boundary and then split it into two plots with a central dividing fence, with each plot having a share of the original rear fence. The TP1 we signed showed a plot that looked the right shape, and on a separate copy of the same plan given to us during the conveyancing process, T-marks indicated that we were responsible for all fences around our plot including the rear fence. When the title plan was registered with the Land Registry we noticed that the rear boundary of our plot on the plan was shown as falling a considerable distance from the rear fence that formed the rear boundary of the original site, at a position where there is no fence. We expressed concern to our solicitor about this, who dismissed our concerns, saying that unless the fences had been moved (they haven’t) the existing rear fence of the plot would now be fixed as our boundary. However, we’ve since measured the plot and compared with the Transfer Plan to find that the rear boundary of our plot denoted on the transfer plan does indeed stop some eight metres from the original rear boundary fence. We can only assume this is a mistake, as no one else has access to the extra eight metres of land and it is entirely enclosed, within the fences mentioned, at the end of our garden. The existing trees on that strip of land at the end of the plot were even shown on the planning application documents, inside the ‘existing boundary treatment’ that remained in place throughout the development and is still there today. There is nothing to indicate that the developer had any intention to retain part of the plot. I have contacted him to explain our concerns and he refused to engage, just referring us back to our solicitor who remains uninterested in the issue.

We signed the TP1 in good faith as there was no reason to request that the exact dimensions be verified but now it appears we do not own the eight-metre strip at the bottom of our garden. I genuinely don’t think the developer had any knowledge that the transfer plans were incorrect and is probably refusing to engage as he just doesn’t want the hassle.

How do I go about getting this situation rectified?

[dslippy]

8 metres long is indeed well beyond the magin of error, but how wide is it? The plan on the TP1 identifies what new plot is being created. I think that you should get it sordted, although you should have been asked to sign te plan on the Tp1 before now.

[dotto]

Thank you for your reply. The width of the strip is around 25 metres, which is the whole width of the entire plot. We did sign the TP1 and the plot outlined in red looked the right shape, so we reasonably assumed that the red line at the rear of the plot was the fence. We can now see on the Land Registry that part of the original plot has been retained at the end, so this is not a question of where the original boundary lies; it is clear that our rear boundary is now around eight metres short of the original rear boundary, which coincides with the fence mentioned. This was just not at all clear to see on the TP1 we signed. I would appreciate any guidance as to how to proceed with this, given that the developer himself has no interest in the matter.

[dslippy]

It is difficult to imagine from here how you can miss such a large area from a title plan. A clue is in the name 'TP1' - it is a transfer of part - the plan identifies just how much of the existing registered title is being carved out into the new title.
Whatever can be done, if anything, needs to be done quickly.

[dotto]

Thanks again for your comments. I appreciate it’s difficult to visualise what’s happened here. Basically the transfer of part is due to the fact that one original piece of land was being split down its length into two plots with a new house built on each. The TP1 we signed merely showed a rectangle with a red border we were told was the fence so it looked to be a correct representation of the plot we were buying. The other plot of the two was also shown with the fence at the rear in the same position. All around it are large fields so no other nearby features were visible on the plan to give any relative sense of scale. It was only when we saw the way the Land Registry carved up the original plot leaving a strip at the end, that we measured our plot and realised the dimensions on the TP1 we signed are wrong and hence the Land Registry have given us a plot that seems to correctly reflect the dimensions on the TP1 but not the actual dimensions on the ground. The new rear ‘boundary’ is shown as a dotted line, presumably because there isn’t actually a boundary fence at that position. The second plot has not been registered yet but they will clearly have the same issue as the rear boundary of their plot is a continuation of ours.
Do you happen to know what the Land Registry will do with the residual piece of land? Will it be given a new title number once plots A and B have been carved out leaving a strip at the end? This would help to prove our case I think.
Also, any guidance as to how to go about resolving this would be helpful. Our solicitor has said he can’t help (we signed the TP1 so not his problem apparently) and the developer is refusing to engage so we have no idea where to start.
Thanks for any help.