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Conveyancing massive error
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.
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.
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