01 Mar 2016

A question about : property deeds

Hello
I recently paid off my mortgage and while going through that process it was spotted that as I had purchased in 1986 it wasn't registered. Since 1990 it is a requirement that property be registered.

My Problem:- after doing the registry and agreeing the property boundaries someone looking at different maps in their office has come back and asked for another deed of purchase, there should be 2 with this property.
In the early 70's British rail closed and sold a single track line that ran behind the houses. All the houses on either side of this track purchased this extra land so that each garden back butted up to each other. The agreement was BR would only sell to one home owner who would then split it up the middle sharing it to each house for a cost then of Ј20 each and if all didn't agree there would be no sale.

Although some neighbours have this 2nd deed and purchase invoice it was never mentioned to me by my solicitor probably as the property boundaries fence the complete site along with all the neighbours in fact you would never know it wasn't always like that.
My house deeds were held in the Bank for safe keeping and have only just been released to the Land Registry to enable its registry.

My present solicitor say not a problem as you have had it for that period since 1986 I have ownership but they will have to do the legal bit costing some Ј700 - Ј900.

What options do I have as it is explained that on house sale this could issues. The solicitors who did the original conveying no longer exist. The original sole purchaser who apportioned the land has died and BR can't find their records of the original sale.
I suspect the BR route is of no use as they sold the whole piece of land as one piece.

Any one got any suggestions or do I just have to pay up and shut up.

Best
Thanks for reading.

Best answers:

  • Seems as if there are two options available.
    The adverse possession route which your solicitor appears to be suggesting whereby you claim ownership after some 19 years of occupation or you try to identify the original sale to a neighbour and try to get the land transferred to you now.
    I assume that the first registration recently lodged is applying to simply register the extent to which you have title to as far as the original deeds are concerned.
    As you already appreciate trying to unearth what happened back in the 70s might be quite tricky although I would suggest, seeing as some neighbour's have title to the land, that it may not be too tricky if you are able to identify a neighbouring title and then trace the details back for an insight into who did transfer each piece and which property they owned. The current owner(s) of that property may be able to help instead?
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