Danielle Hemming, one of our Conveyancers in Hailsham, East Sussex has joined us to discuss Title Plans.
So then, what are Title Plans?
Title Plans outline the boundaries of an individual property, typically marked in red. While it gives a general idea of the boundaries, it does not always provide precise positioning or measurements.
Key points to action:
- Make sure Title Plans are accurate and closely reflect the actual boundaries of the property on the ground.
- By doing so, you will prevent potential boundary disputes in the future.
- If the property spans more than one Title Plan, your Conveyancer can ensure all portions of the land are properly transferred to you.
Title Plans: Part of the Conveyancing process
When you’re purchasing a property, Burtons will send you a copy of the current Title Plan to review for accuracy. If you notice any discrepancies with the boundary lines or land extent, let us know right away. We can correct any issues before they delay your purchase.
We provide the Title Plan early in the process to give enough time for any necessary adjustments, ensuring your transaction progresses smoothly.
Already own the Property?
If you already own the property and suspect there’s an issue with the Title Plan, reach out to us. We will investigate and advise you on the available options to resolve the issue.
Case Study 1 – Mr. & Mrs. M’s land discrepancy
Mr. and Mrs. M were buying a house when they discovered that part of their garden had been sold to a neighbour years ago, but the Title Plan didn’t reflect this. They chose not to contest the sale, but they wanted to ensure the Land Registry records were updated correctly for any potential future sale.
We worked with the seller’s solicitors to transfer the main property via a “Transfer of Part,” allowing the seller to retain ownership of the garden land for future transfer to the neighbour. This solution allowed the purchase to proceed without delay.
Case Study 2 – Mrs. J’s Leasehold Property sale
Mrs. J was selling her leasehold property when the buyer discovered that a garage, owned by someone else, had been built on part of her garden. We discussed her options, noting that the garage owner likely had a claim for adverse possession due to the garage’s long-standing presence. While Mrs. J could pursue a court claim, it would likely be costly and lengthy.
We are now working directly with HM Land Registry to update both Mrs. J’s Title Plan and the garage owner’s, ensuring both reflect accurate boundaries and prevent future disputes.
Have you encountered an issue with your Title Plans?
We’ve seen an increase in issues with Title Plans lately. This highlights the importance of having experienced legal professionals on your side. At Burtons, we send the Title Plan to you via email early in the process, giving you more time to review it thoroughly.
If you need assistance with your next property transaction, please do reach out to us at Burtons. We’re here to help ensure everything goes smoothly. Can we help with your next property move?
Find our online contact form here.
