I will be grateful for any advice/ input if someone has encountered similar issues or had any suggestions.

 

New built bought in June 2020 and got a 2 year fixed rate mortagage. Due to the pandemic causing LR delays and the property being new built, title wasnt registered till now .
Due to remortgage now due, LR while processing the application noted that builders have put the fence on one side wide by a foot giving me extra strip of land which wasnt included in the submitted plan. There are no houses on that side as its a patch of grass and nothing said by the buidlers who have now left the site. LR have asked the builder's conveyancer in July to submit the amended transfer plan but its now November with no response, my conveyancer have told me that they cannot do anything till the seller's solicitor replies , which I doubt will ever happen in spite of more than 50 reminders.

My remortgage deal will expire in a couple of weeks unless the title get registered, am currently paying variable rate interest which is 80% of my income. I have contacted LR multiple times explaining the situation that boundary fence was put up by the builders and now their solicitor hasnt responded for over 4 months and I am suffering financially for no fault of mine. Builder have moved on and impossible to contact.

 

Any input to resolve the situation will be helpful.

Hmmm, sounds like a grown-up is needed to talk to the registry. Since (I assume) you don’t care about the extra 1ft ask the LR to process as is. Get the conveyancer’s Partner, i.e. boss, to sort it out. How did the LR get the info about the extra 1ft anyway? Also, LR normally state their title plans are only approximate, and title plans are not usually very small scale, so LR shouldn’t really care.

 

Alan

As above, you don’t care about the 1 foot extra strip so move the fence so it matches what the LR has on record. 
 

The LR nearly cost my sale to go through back in March. There was a minor issue with my title and it took 7 months for the land registry to deal with it. 

I don't see how this came about.  What made someone check the boundary plan, rather than just transfer it?

 

When we bought our plot which was "unregistered"  (the deeds were in paper form with a vague hand drawn plan) it went through a process with the land registry to identify it.  But even so that threw up 2 plans showing one of the boundaries in slightly different positions, so it was still a bit vague.  We resolved the stalemate after discussion with our solicitor to agree to buy it "as fenced"  It didn't bother us as the likelihood of a boundary dispute would be minute and the house is nowhere near the boundary so would not matter anyway. 

4 hours ago, Alan Ambrose said:

Hmmm, sounds like a grown-up is needed to talk to the registry. Since (I assume) you don’t care about the extra 1ft ask the LR to process as is. Get the conveyancer’s Partner, i.e. boss, to sort it out. How did the LR get the info about the extra 1ft anyway? Also, LR normally state their title plans are only approximate, and title plans are not usually very small scale, so LR shouldn’t really care.

 

Alan

thanks , as its a new built OS surveyor came to look at the property. LR wont provide an absolute title till the issue is settled, and without that remortgaging is difficult. 

Have contacted the conveyancer's boss today, so lets see.

3 hours ago, Kelvin said:

As above, you don’t care about the 1 foot extra strip so move the fence so it matches what the LR has on record. 
 

The LR nearly cost my sale to go through back in March. There was a minor issue with my title and it took 7 months for the land registry to deal with it. 

thanks, thats the plan if it doesnt get sorted this week. I had planted trees next to the fence so it will be shame to chop them all down for this.

Even if you "accept" the loss of this 1ft of land to enable the remortgage to go ahead, are the "owners" of this 1ft of land going to ask you to move the fence?

ask the solicitor you used to buy the house what he is going to do to sort it out or you report them to the ombudsman.

 

 

Edited November 17, 20223 yr by Dave Jones

22 minutes ago, Dave Jones said:

ask the solicitor you used to buy the house what he is going to do to sort it out or you report them to the ombudsman.

 

 

Why would it be the solicitors fault, I’ve never seen a solicitor come out to check fence positions during a sale

new builds who owns what on the boundries has to be part of the legals pack.

 

pretty standard stuff. 

 

May even have recourse to the warranty company. Code of practice etc etc

 

Either way addressing legals is first step as its a legal issue.

32 minutes ago, Dave Jones said:

new builds who owns what on the boundries has to be part of the legals pack.

 

pretty standard stuff. 

 

May even have recourse to the warranty company. Code of practice etc etc

 

Either way addressing legals is first step as its a legal issue.

True but he’s been trying to do that and it’s taking months and is pressuring him financially. If it was me I’d be looking at the quickest approach to solve the problem and move on. That seems to me to match the boundary to what the LR thinks is the boundary. Hopefully job done, remortgage, and move on. 

The red line, if scaled, measures most of this foot. Boundary lines can be very approximate, unless based on a visible feature. So I, as others, am wondering how the discrepancy has become apparent.

Anyway, the boundary is where it is agreed to be. The fence is a separate matter.

Presumably the discrepancy has become apparent because the fence is marked on a drawing that is outside the boundary line that has been sent to the LR. I’d tell the LR this is a mistake and send them evidence of the fence in the correct position.