Land registry map error

blis100

Registered User
Messages
15
We are trying to buy a holiday home in a multi unit development and the sale has been delayed due to a boundary issue. There is an error on the land registry map where a corner of the boundary is offset incorrectly and takes a 3' x 10' minor chunk out of the house. There is no issue with any adjoining individual property as such, the land surrounding the house is owned and maintained by the management company.

My solicitor has sent a letter to the bank looking for a qualification on title so we can proceed to draw-down the mortgage. But whose responsibility is it to get this sorted? It was never noticed by the current owner. We have already been waiting a number of months due to another issue that has been resolved and we want to proceed on the basis that the map error can be fixed after the sale is complete. Any advice? According to the PRA "Boundaries and Plan Area are not conclusive. See Section 62(2) of Registration of Title Act 2006 and Rule 8(3) of the Land Registration Rules 2012." I actually have another drawing supplied to the Land Registry from the time the house was built with the correct boundary shown.
 
The land registry digitised its maps some years ago, and now as properties are being sold this issue can arise. The new land registry map is legally effective, even if it goes against common sense, or long established borders.

To have it rectified you will need the agreement of the management company. I doubt you will be able to draw down the mortgage until this is done.

It is of course the sellers responsibility, but if you want to buy then maybe it falls back on you.
 
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A few months back I was looking to buy a house. There was an issue with a right of way showing on the land registry map but no underlying documentation referencing a right of way anywhere. We got the sellers solicitor to write to land registry. We had to chase the sellers solicitor a bit to follow up with land registry but it turned out the right of way was incorrectly added to the map. Once the issue was followed up it was fixed pretty quickly. (a day or so) It was a bit different as it didn't effect the boundary but my solicitor wasn't happy to proceed with an un-clarified right of way on the property. My purchase fell through for other reasons after that but that's a story for another day