There is no limit to the quantity of land that can fall within the scope of the general boundaries rule: Drake v Fripp [2011] EWCA Civ 1279.

Basically the Land Registry has come up with a new map search tool that helps you identify a property and the relevant title numbers, etc. but it seems that the mapping of titles on it is not entirely accurate and throws up some small apparently unregistered areas between titles.  Has anyone done a formal index map search to see if there are actually unregistered areas?

If that still comes up with some unregistered bits then offer them a stat dec confirming that you've occupied and used those areas and they can then apply for adverse possession as part of their Land Registry application.

thank you sails

The land reg application and statement of truth the sol has sent over includes the plan and a doc called Mapsearch Snapshot.

The other side adamantly refuse to exchange until we have not only made the appl but also get it back. AND a fvcking indemnity as well!!! in case some chancer comes up with a deed further down the line. tbf this might be the lender's sol being arsey rather than the buyer.

We are v p1$$ed off. It's like they have no common sense.

It is definitely worth asking if anyone has actually done a formal index map search as Sails said. 

I can't see them accepting a stat dec unless the land in question doesn't have anything on it and isn't necessary for access etc.

Yes the mapsearch snapshot is not entirely reliable and someone should do an index map to be sure.  I assume we're talking about some small bit of garden sandwiched between a load of other registered titles?

Yep

a slither down one boundary fence with next door and a bit at the far end that half the shed is on.

So, no, no access impact whatsoever. This aint no ransome strip.

Just looked up a proper index map search - seems you still have to send a cheque and a form to land reg, wont that take weeks and weeks as well??

Your solicitor should be able to submit it via a search provider or the LR portal and it comes back in a couple of days.

That application will take years. They must know this. During that time their mortgage will no doubt lapse. Casually mention this fact to the estate agent. 

An index map search costs £4. The buyer should have done one - ask them to send you the results.  

Thankfully I did an index map recently as it turned out that the LR had given the same title plan to two properties in the same street.

and yes, the buyer should have done an index map search but I am not sure if people always do these days. 

So we did an index search ourselves which came back identical to the standard one (huh) and we just had a surveyor round today sent by Land Registry to look at this “unregistered” sliver. He said he didnt think Land Reg would bother changing anything because the discrepancy is so “trivial” (his words) and well within their 0.5m margin error.

Which is exactly what our sol said at the outset.

So it looks like after all this plavaer nothing will change and our buyers’ lender’s sol will stil refuse to lend. All on the basis of a badly drawn plan. 
 

Is there a roffer on here who acts for lenders in resi transactions?

is this a case of lenders just trying anything to avoid lending??

the buyer could get title indemnity insurance for the benefit of the lender (which they would expect to be at your cost). 

Or you could offer to give a statement of truth as to the use of the unregistered sliver of land - essentially let them make an application for adverse possession of the land at the same time as registering the transfer. Then the charge could be granted over the whole property (registered main part and the unregistered small part). 

Usually the lender’s solicitor is the buyer’s solicitor…

Also what Kimmy said.  I’ve just done a statement of truth for a seller in relation to little bits of unregistered land either side of their drive.

This calls out for title insurance. Policies are pretty cheap.

sounds like buyers’/lenders’ solicitor doesn’t know ass from elbow: indemnity insurance for a few hundred quid (may well be useless but lenders and pedestrian conveyancers love them) plus a statement of truth and “problem” solved. or there’s something going on which is nothing to do with boundaries. 

We have already agreed to pay indemnity insurance as well as acquiring the title for this “unreg” land. The buyers sol insisted on both.

I am just worried that land reg wont issue a new second title for the “unreg” part because they will say its too small and falls within the mrgin of error of what we already have as title. 

When you say s/thing going on nothing to do with boundaries - yes this has occurred to me, but if thats the case then just say and fvck off and not waste our time (and costs of wild goose chase trying to get title on imaginary land).

if you use thicker crayons on your map, you can extinguish any unregistered gap lands.  It is known.

Well, quite jelly. Who draws these plans?

restart marketing the place and tell the buyers that their solicitor is a khunt? 

We used to colour in the plans at my dad's office after school. The secretaries would let us use their crayons. Never was much good at that. 

So this sale finally completed today. The offer was accepted back in early June, five bl00dy months!

Five months is about par for the course these days for a rural property isn’t it? 

Is it? Seems a very long time, esp as there was only 1 week between exchnge and completion. Five months to exchange seems ridic.

I believe the average transaction time is now over six months but that's because some people take on so much work it takes them an eternity to get round to everything.  I've got one where two weeks in they've still only sent me the title plan.

This was nearly 2 months before the problem with the plan came to light and we had to apply to Land Reg, I presume this was a delay from the buyers sol. Then several weeks were lost in July when our sol went on hol and her locum didnt respond to anything.

Whilst we were going demented with the delay, worry about losing the sale altogether and the burden of keeping the place going when we were no longer living there, the buyers suffered too, longer in rented accom and also, remarkably, no pressure at the last minute to reduce the price in what had become a falling market. I guess we got off lightly.