TP1 Error

[dotto]

I am re-posting this under ‘conveyancing issues’. I would be very grateful for any guidance as to how I go about rectifying this issue.

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 (approximately 25 metres wide) 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.

Any help appreciated. Thanks.

[dslippy]

The use of a TP1 is itself in indication of intent not to transfer the entire title and the request to you (If made) to sign a plan both suggest that you were being warned of what was happening.

[dotto]

Hi - thanks for your comments. The TP1 was required because the original plot was split down the middle and two new houses built, one on each plot. We just bought one of them. The missing piece at the end of our plot has arisen as a result of the dimensions on the TP1 being different from the actual dimensions. The shape looked right and the boundary fence that was always present appeared to be shown on the plan. As the dimensions were clearly wrong, the Land Registry have added a new dotted-line rear boundary part way down the garden of the plot we bought.