Seller has incorrect Land Register Map

c00114110

Hi. I am on process of buying a property. The property is built on side of previous property garden (e.g. 70, 70a. 70 is original property, and 70a is new built on side garden).I am actually buying 70. Seller solicitor sent folio and land register map. However the land register map includes entire property(70 and 70a). Which has been confirmed is up to date document. That means there is no clear boundary between them in land register map.

Did anyone come across this? How to update Land Register Map and how long does it will take?

If seller solicitor can't provide the land register map only for the property I am purchasing, does it mean I cannot buy it?

sydthebeat

c00114110 wrote: »

Hi. I am on process of buying a property. The property is built on side of previous property garden (e.g. 70, 70a. 70 is original property, and 70a is new built on side garden).I am actually buying 70. Seller solicitor sent folio and land register map. However the land register map includes entire property(70 and 70a). Which has been confirmed is up to date document. That means there is no clear boundary between them in land register map.

Did anyone come across this? How to update Land Register Map and how long does it will take?

If seller solicitor can't provide the land register map only for the property I am purchasing, does it mean I cannot buy it?

no problem at all

properties are split all the time.

vicM

Recently bought a property
Strangely it was 70 and 71 and they had the same folio
Got it split, requires a surveyor to send to the lands registry the revised maps

c00114110

Thanks to share your experience.

Did you do the request before or after you buy your property?
How long the revised maps process take?

Rabbo

If the division line between plans 70 and 70a is correct, you won't need to get any additional mapping done. A new folio will have to be opened for your plan but your solicitor will take care of this. If there is a mortgage for the adjoining property, your solicitor will have to check that the house you are buying isn't included in it.

c00114110

The division line is very clearly, a wall to split them entirely. But not sure adjoining property has mortgage or not.

My solicitor sent a query to seller solicitor to asking a land registry map identifying the property in sale only. I am waiting seller solicitor's reply.

Zzippy

We have a similar situation at the moment, buying a house on a bit of land, but the folio map shows a separate much larger bit of land as part of the same folio - we're definitely not buying that! Solicitor is doing as yours is, query sent back to vendor's solicitor, but she says it's common enough and a formality to amend/split the folio, so nothing to get too worried about.

Supertech

Zzippy wrote: »

We have a similar situation at the moment, buying a house on a bit of land, but the folio map shows a separate much larger bit of land as part of the same folio - we're definitely not buying that! Solicitor is doing as yours is, query sent back to vendor's solicitor, but she says it's common enough and a formality to amend/split the folio, so nothing to get too worried about.

Might be the case that a subdivision of the original folio is already underway but has not yet been reflected on the current mapping. Land Registry can sometimes be slow. Check for outstanding dealings on the Land Direct website. As has been said previously it's not a big deal to subdivide (normally) but important to get it right before closing a contract to purchase. It's also important to make sure that all necessary services connections are catered for in any subdivision situation - wayleaves for sewage and water connections aren't uncommon, particularly in a rural situation. Make sure not to get caught out on this.

Zzippy

Supertech wrote: »

Might be the case that a subdivision of the original folio is already underway but has not yet been reflected on the current mapping. Land Registry can sometimes be slow. Check for outstanding dealings on the Land Direct website. As has been said previously it's not a big deal to subdivide (normally) but important to get it right before closing a contract to purchase. It's also important to make sure that all necessary services connections are catered for in any subdivision situation - wayleaves for seage and water connections aren't uncommon, particularly in a rural situation. Make sure not to get caught out on this.

Cheers, yeah solicitor is on top of all that and we won't be closing til everything is legally 100%. Already checked and there are no wayleaves in existence.

c00114110

Zzippy wrote: »

We have a similar situation at the moment, buying a house on a bit of land, but the folio map shows a separate much larger bit of land as part of the same folio - we're definitely not buying that! Solicitor is doing as yours is, query sent back to vendor's solicitor, but she says it's common enough and a formality to amend/split the folio, so nothing to get too worried about.

Thanks to share your experience. I got few questions, have you been far enough to answer them?

Does the new folio have to furnish before signing contract or only requires on closing?
Will it be slow down purchasing progress?
Who should take care about splitting the folio, seller or you?

Zzippy

c00114110 wrote: »

Thanks to share your experience. I got few questions, have you been far enough to answer them?

Does the new folio have to furnish before signing contract or only requires on closing?
Will it be slow down purchasing progress?
Who should take care about splitting the folio, seller or you?

Sorry, we're in the early stages, sale agreed and this has just come up, so it may slow down progress slightly, but our solicitor doesn't think it's a serious matter. I don't know the answer to you first or third question, but I would think the vendor's solicitor bears the responsibility to split the folio... I stand to be corrected though, if anyone else comes along who knows better.

c00114110

Zzippy wrote: »

Sorry, we're in the early stages, sale agreed and this has just come up, so it may slow down progress slightly, but our solicitor doesn't think it's a serious matter. I don't know the answer to you first or third question, but I would think the vendor's solicitor bears the responsibility to split the folio... I stand to be corrected though, if anyone else comes along who knows better.

Hopefully you can fix it as soon as possible.
I will see how my seller solicitor reply this. and keep update what I get.

Rabbo

Around my parts it would be nearly more uncommon not to find a mapping issue at conveyancing. They ususally dont delay things too much and are easily dealt with by a good solicitor. The new folio does not have to issue before the sale closes as it can take the PRA 12 months to issue a new folio.

Supertech

Rabbo wrote: »

Around my parts it would be nearly more uncommon not to find a mapping issue at conveyancing. They ususally dont delay things too much and are easily dealt with by a good solicitor. The new folio does not have to issue before the sale closes as it can take the PRA 12 months to issue a new folio.

+1 on this. There are a lot of issues with PRA Mapping at the moment. The most important thing is that the contract map matches the property on the ground before the sale is complete, and that if any rectification of the PRA Map is necessary, that this is reflected in the details of the contract at the time of purchase.