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Transfer of Part ERROR

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  • Transfer of Part ERROR

    Good day all, I have a conundrum.
    I sold a piece of land, from a larger plot.
    I still own the larger plot.
    The Charges Register gives me the right to lay new pipes on the 'Retained Land'.
    So far , so good.

    BUT it appears the the plan showing the retained land, still includes the piece I sold!
    This is clearly an error, but my question is, until it is corrected,
    do I have the right to lay new services under it?

    Thanks in advance

    Simon
    Tags: None

  • #2
    This may help? ...

    SImon
    Attached Files

    Comment


    • #3
      The land is sold and you should obtain the new landowner's consent
      The new underground services you want to lay may conflict with the new landowner's proposals for the land.

      Comment


      • #4
        Agreed. The right thing to do would be to tell the new owner so that he can apply to correct the Land Registry title plan.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Sadly that is not an option,. Since buying, the new owner is insisting that his fence should be 2m over onto my land, and therefore his right of way will be under my new building. We have dealt with his threats of injunction (based on nonsense) and now need to get water/electric supply across his land.
          Yes Surveyors and solicitors are involved, but my need for services is urgent.

          I am trying to think outside the box.....

          I know the Plan is a mistake, but can we act on that mistake until such time it is corrected?

          Simon

          Comment


          • #6
            We have asked him, and he is bluntly refusing, although we have proposed it goes along his fence line and will cause little or no inconvenience.
            He is a multi-millionaire who has to have it all his own way ....

            Comment


            • #7
              I see that the question has changed. Did you not identify the boundaries clearly when selling part of your land?
              Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

              Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

              Comment


              • #8
                We originally erected a fence to mark the piece sold. It has remained in place for 22 years, he is now saying it is in the wrong place because the badly drawn transfer deeds 'imply' that. ....the arguments continue. He saw what he was buying, he knew who's boundaries they were........this is all documented.......

                Comment


                • #9
                  What does the transfer deed say?
                  Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                  Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                  Comment

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