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Hi,
I'm looking for some help. I am buying a house (project) and selling my flat. My solicitor emailed me the title plan to see if the boundary was to what I thought, I said no and raised an inquiry about a small 1.5x1.5m courtyard space that the utility door open into. Turns out the seller even thought he owned this space. The said space has a manhole cover on it so now the seller thinks it's water boards. From me raising this inquiry I have opened a can of worms. An old boundary plan is now showing the courtyard space and the utility room is on a right of way space!? Please see 2 images one is the title plan from the land registry with a blue arrow showing you where the utility room is and one old plan which shows you the courtyard space and utility room in a purple area.
The seller has lived there for 35years with no problems, he did not build the utility room it was already there so it's over 35years old. My solicitor has now asked the seller to apply for adverse possession... I have been told this can take "months and months" Can this old plan really take precedence over the title plan from the land registry?
I am now 4 months into buying this house and this has only just come up around 2 weeks ago. My solicitor completely ignores me and I'm now in contact with her manager who actually replies to emails and answers his phone!!! He mentioned a special insurance cover.... but I would never be allowed to apply for possession as the cover would be void as it could uncover an owner, which I doubt there even is! I want to own this space not have insurance cover.
The seller and his solicitor are finally meeting tomorrow to discuss as he's confused... I really hope a document appears showing the utility space was bought by the previous owner 40 years ago.. or a new deed showing the seller owns the space
I have also attached an image of the house, the courtyard space is where the seller keeps his bins, behind the bins is the utility.
I asked the question to my solicitor's manager why they are taking the old plans precedence over the new one and he said the new one is "updated ordinance surveys over time" If this was correct why is the small courtyard space not within the red boundary in title plan. Below is what I will email tomorrow to him
"How do we know the utility space was not bought by the previous owner over 35years ago. Do we have all the deeds and old paperwork linked to the house or does only the seller's solicitor have those records? It comes to my mind that the old plan shows the utility and the small courtyard space is not owned by no2, but when we look at the new plan it shows the utility is a part of no2 but not the courtyard space! This makes me feel there has been some negotiation to the utility space and courtyard. That's why I asked about do we have all the records. As the ordinance surveys would not pick up on this tiny courtyard space (the utility door opens into this space) and would show in the title plan being a full square-shaped boundary rather than the C shaped boundary that it is. I hope that makes sense."
Also, can I ask for a discount for the sheer lack of communication and slowness from my solicitors?
Does anyone have any experience in this?
Sorry, this is a long one and I appreciate your time.
Thank you.
I'm looking for some help. I am buying a house (project) and selling my flat. My solicitor emailed me the title plan to see if the boundary was to what I thought, I said no and raised an inquiry about a small 1.5x1.5m courtyard space that the utility door open into. Turns out the seller even thought he owned this space. The said space has a manhole cover on it so now the seller thinks it's water boards. From me raising this inquiry I have opened a can of worms. An old boundary plan is now showing the courtyard space and the utility room is on a right of way space!? Please see 2 images one is the title plan from the land registry with a blue arrow showing you where the utility room is and one old plan which shows you the courtyard space and utility room in a purple area.
The seller has lived there for 35years with no problems, he did not build the utility room it was already there so it's over 35years old. My solicitor has now asked the seller to apply for adverse possession... I have been told this can take "months and months" Can this old plan really take precedence over the title plan from the land registry?
I am now 4 months into buying this house and this has only just come up around 2 weeks ago. My solicitor completely ignores me and I'm now in contact with her manager who actually replies to emails and answers his phone!!! He mentioned a special insurance cover.... but I would never be allowed to apply for possession as the cover would be void as it could uncover an owner, which I doubt there even is! I want to own this space not have insurance cover.
The seller and his solicitor are finally meeting tomorrow to discuss as he's confused... I really hope a document appears showing the utility space was bought by the previous owner 40 years ago.. or a new deed showing the seller owns the space
I have also attached an image of the house, the courtyard space is where the seller keeps his bins, behind the bins is the utility.
I asked the question to my solicitor's manager why they are taking the old plans precedence over the new one and he said the new one is "updated ordinance surveys over time" If this was correct why is the small courtyard space not within the red boundary in title plan. Below is what I will email tomorrow to him
"How do we know the utility space was not bought by the previous owner over 35years ago. Do we have all the deeds and old paperwork linked to the house or does only the seller's solicitor have those records? It comes to my mind that the old plan shows the utility and the small courtyard space is not owned by no2, but when we look at the new plan it shows the utility is a part of no2 but not the courtyard space! This makes me feel there has been some negotiation to the utility space and courtyard. That's why I asked about do we have all the records. As the ordinance surveys would not pick up on this tiny courtyard space (the utility door opens into this space) and would show in the title plan being a full square-shaped boundary rather than the C shaped boundary that it is. I hope that makes sense."
Also, can I ask for a discount for the sheer lack of communication and slowness from my solicitors?
Does anyone have any experience in this?
Sorry, this is a long one and I appreciate your time.
Thank you.
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