Author Topic: Title deeds issue  (Read 1512 times)

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Lowercase2

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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

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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. 
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Pshpp1

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Re: Title deeds issue
« Reply #2 on: May 26, 2021, 10:23:16 pm »
Lowercase2,
I am amazed to find your post. The situation described is exactly what Bovis are currently putting my family through.

Over two years after we completed on the property, and spent money landscaping the garden, building decking in one corner and a shed in the other, they arrived at our door unannounced and told us that they thought the fence was in the wrong place.
(they put it there before we bought the house)  and it would have to move so the borders, shed, decking... All scrap.

I retrieved the Title Plan from Land Registry; it matches perfectly the fence line on the ground. The developer says that their Transfer plan is different, and that this is more important.

Totally lost as to what to do.

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Re: Title deeds issue
« Reply #3 on: June 18, 2021, 11:48:25 am »
Your first action should b to contact your conveyancing solicitor. I really do hope they were not one of the recommended of suggested firms by Bovis Homes.  If this is the case they will probably come down on Bovis' side.

Whatever plan is legally right is a moot pint as you have done nothing wrong and you will be substantially out of pocket considering the expense of the works to your garden.  Secondly, you home may be valued lower and/or be less desirable depending on how great Bovis' potential land grad would be.

IF Bovis are correct and legally the fence has top be moved, then Bovis are at fault and 100% liable for all costs and consequences resultant of their error.

I suggest you claim the full cost of all your landscaping works, the loss of value of your home due to the reduced garden ( a figure you are happy with) and add 15% on top of this for the inconvenience and distress this has,  and is causing you.  Remember whatever Bovis pay you, it will be far less than the bonus the regional MD will be trousering after their year end.

In the first instance, get independent legal advice and add the cost of this to your settlement too.

 
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