Conveyancing massive error

[Chris222110]

Hello, I bought a house four years ago with a flying freehold. The deeds and title documents show my boundary. I have finished renovating imy house and have tried to put it on the market - but buyers are pulling out because of the lack of clarity over access and responsibility of the flying freehold over the rear of the property, which has been derelict for over a decade.

I contacted the Land Registry to find out why this is an issue given it wasn't one when I bought the place. I paid for a search on it - and they emailed me to say it has never been registered, they have no information of its existence and a historic search shows no record of any sale or purchase of the land either. So I called the Land Registry and a forty minute call and three people looking couldn't find any record at all, of the property behind me existing, let alone registered. As far as my title documents show, my land finishes where it's back garden (and my next door neighbour's garden) used to be - but that land apparently still belongs to us... !

How did my searches not reveal this, and what recourse do I have?

The Land Registry says I could go for Adverse Possession but that could cause major issues if it turns out someone has a legal claim to it (Al l've been able to ascertain is the previous owner died in a road traffic accident, possibly in the late 2000s. The Council won't get involved not even to do an internal search for any next of kin "because of GDPR", which apparently is nonsense (it's a legitimate request).

Any help or advice would be greatly appreciated.

[Pezza54]

Hi
Welcome to LB
You may want to consider Flying Freehold Indemnity Insurance after you have read the article at:
http://www.kww.co.uk/2019/03/28/inde...ies-explained/

The insurance can be transferred to the new owner

The insured party is indemnified by the insurer against any specified costs or losses which may occur in the future.

[atticus]

Have you taken advice of your conveyancing solicitor?

[Chris222110]

Hi quick update. The Land Registry does not have any record of that other property. Not at that address, not on that side street, and there is a diagram showing it as a rear yard to my property (not a desperate dwelling).

My conveyancing solicitor is still trying to investigate it - and to be fair, I feel for them. My Title Documents for my property include a flying freehold for a property that, on paper, doesn't exist! (According to the diagram of the street at the Land Registry - and the LR's map search - should be my back garden).

The Council has also looked into it (because it's an abandoned property) but they can find no record of planning permission to build a dwelling there, and have no contact name or address for anyone who owns (or owned) that building.

In terms of Indemnity Insurance, I'll mention this to the solicitors next week when we have our weekly call.