Land Registry is incorrect and everyone wants me to ignore it

[GreenFork321]

I'm buying "Monkey House" in a cul de sac with postcode "XYZ". The developer kept ownership of the common areas around the houses in the cul de sac. The common areas are under Folio "1A" in the land registry with map showing only the common areas. I know that Monkey House is registered under Folio "2B" and I have that title deed. However, when I put in correct postcode XYZ into the land registry and select "Monkey House", I get Folio 1A with title deeds for the common area (its clear that Monkey House is not included if you look in the map). The correct folio does not appear as an option anywhere under the postcode or under name and address. I have to enter Folio 2B into the seach box to get the correct folio to appear. My "conveyancer" says "that's just the way it is" and it can't be changed on the Land Registry. Her supervising solicitor agrees as does the seller's solicitor. No one will budge. I can't get through to the land registry and anyway I don't own the land yet. Anyone have similar happen? What would you do?

Continue to pursue the Land Registry. They are very helpful and will correct the record.
The solicitors involved just can't be arsed dealing with it.

Not sure if its the same sort of thing but we bought a house of a developer and the parcel of landat tge bottom of the garden showed on LR as belonging to house next door - developer had put 2 houses on site of one previous bungalow. We insisted it was updated on LR as belonging to our half before exchange. Developer had given our house to his ex wife in divorce settlement and she refused to pay for it. In the end we paid half and the estate agent paid the other half.

Im glad we did now as house next door turned out to be massive entitled dickheads and would have tried to fence off the bottom of our garden, im sure.

We just refused to exchange until it got sorted, dont see why you couldn't do the same.

Yes, I would do the same.

The thing is, MY solicitor is being intransigent. She says there's nothing to fix. I instructed her to require the seller to amend. She refuses. Says there's nothing to fix!

Is there a more senior partner??

Yep, same happened when I bought my small office. The land registry record was wrong - I checked it myself to discover that, my solicitor either hadn't noticed or didn't care. Solicitor just shrugged it off. I knew the seller as I'd been previously renting the office from him, so I got him to talk to his solicitor about it - he too got the brush off. I simply refused to progress with the purchase until they sorted themselves out and got it rectified. Luckily the seller was in agreement as he was also wanting to sell the rest of the property subsequently so wanted it right for that.

Bit of a stand off, but the solicitors finally relented and stopped being so damn lazy and corrected it.

Funnily, my solicitor wrote to me to blame blaming the seller for being awkward. His solicitor wrote to him blaming me for being awkward - as we often spoke, we showed each other our letters! Then we both gave our respective solicitors a bollocking for lying about it!

I would take your conveyancers' advice. There's no advantage to them in pretending it can't be fixed, and every incentive to tell you it can if it can be (and not fixing would cause problems - they would be very clearly liable). It's the seller's advisors who would need to fix it at their expense. You could take it up with the Land Registry after you've completed it you want to.

I wouldn't buy something where there is an issue with the legal title - if it doesn't reflect what you think it should, then it needs fixing. I imagine conveyancers are saying they don't see an issue because the Land Registry has become so appallingly slow nowadays, it's easier to say it's fine and not worth worrying about in order to get contracts completed. ( At the very least, I would be looking to secure indemnity insurance or having a clause in the contract that the vendor will rectify any title defects at their expense.....)

With my cynical hat on, I'd say they don't want to do it now because they'd rather have a second bite of the cherry in a few months time so that they can charge you for "additional work", whereas if they did it now as part of the conveyance they'd have to spend the time without additional charge as it would be part of their fixed charge as agreed.

Exactly @taxguru - they just don't want the hassle...!

This.

Get a better solicitor. They should be the ones dealing and sorting this.

She incompetent.

Seriously. Change solicitor.

Within your engagement letter will be your firms' complaints procedure. I suggest you start following it and escalate the issue within the firm.

I would contact Land Registry, as a pp said they are very reasonable.

At the same time email your solicitor and ask them to confirm in writing that if there are any issues in the future they will be responsible for all costs to rectify the Land Register.

So the plots and boundaries are show correctly on the plans? They are just not searchable by postcode? I’d be inclined to agree there is nothing to fix.