Author Topic: Title deeds issue  (Read 209 times)

0 Members and 1 Guest are viewing this topic.

Lowercase2

  • New Member
  • *
  • Posts: 1
Title deeds issue
« on: September 24, 2020, 07:32:20 pm »
Just a quick query and hopefully someone can help.
I currently have a dispute with a developer in which they are claiming the boundaries are in the incorrect location.
Looking at my Title deed plan the red line boundary relates to physical features on the ground and therefore looks to be correct. The developer is now producing the TP1 plan which does not line through with the Title deed plan (i.e Fence lines, House Location, Garage size)  But they are claiming that the measurements from the TP1 plan will be used to correct the boundary issue.

Does anyone have any guidance or documentation which shows whether the title deed plan supersedes the TP1 plan?

Thanks,


New Home Expert

  • Global Moderator
  • Guru member
  • *****
  • Posts: 1333
  • Country: england
  • Expert advice for new home buyers
    • New Home Blog
Re: Title deeds issue
« Reply #1 on: September 26, 2020, 09:23:44 am »
My opinion on this is:
The TP1 is a form for the Transfer of Part of Registered Title.
TP1 is the official Land Registry form used to transfer land from seller to buyer. It should be used where the seller is transferring part of the land comprised in a registered title.

The Title Deeds are documents that show who has owned land and property since it was registered. They record any mortgages secured on the property and are used to legally prove the ownership of a property or piece of land.

If you are living in the property and as such have legally completed the purchase, the title deeds as they are show what you have bought and own and cannot be altered by the developer without your agreement.

Since the developer has admitted the boundaries are in the wrong location (their error!)  they will need to financially compensate you if your ownership changes to your detriment ie less land owned, assuming of course you would agree to it.

You should however seek professional legal advice whatever you decide. 
New Home Blog - New Home Expert is committed to providing help and advice for people having issues with their new homes and difficulties with house builders as well as helping potential buyers reduce the risk of possible problems if they do buy.