Part Of House (Driveway) Not In Title Plan

[tusharkesare]

Hi,
I am purchasing a house. We have come close to completing the process. But after looking at Title Plan that our solicitor gave, driveway land in front of garage is not part of the plan!! It was never part of the property from the first time it was registered in 1975.
I checked with Solicitor and she told it is part of the road. I have asked her to find out exact owner of the driveway land (I hope it should be Council).
My seller has provided option of doing indemnity insurance for driveway land. But I want not sure about this, I want legal right on the driveway land. Even though chances of someone else using it are less, I think having legal right is secure way. Also I will not have problem in future while selling.

I have read about Adverse Possession and Easements. No one other than previous home owners are using this driveway since long time (I believe so). After buying house, is it possible for me to claim this land by Adverse possession? Will it cost me money? Or will I have to buy this driveway land from Council?

[ToraToraTora]

just use it and say nowt.

[atalanta]

If it makes the house less desirable to you, the problem will make the house less desirable when you come to sell it. Either straighten things out before you buy, or don't buy at all.

[The Builder]

Only anecdotal I'm afraid, Tush, but then, every case is different. I bought a layby outside my house once, by Adverse Possession. I bought it from the farmer next door, who had used it for many years without owning it.

The Council and Highways Dept had no record of ownership either. It was a simple transaction.

In your case, there is no current "owner" that you know of, so certainly ask the Local/County Council if they have any record. Adverse Possession is a definite possibility providing no one comes out of the woodwork to claim it.

Indemnity Insurance is a very simple alternative. A one-off payment of maybe £100 or thereabouts. Legal advice may tell you that you don't even need it at all.

In another case, I bought a house where the Land Registry's Title Plan showed the adjacent lane in the wrong place... almost in my sitting room. It was quite straightforward to have The Registry amend the plan.

Again, there were no other parties interested, so it was pretty easy.

Only your own local Solicitor can advise safely. As for costs, mostly legal fees. :o(

[Valmave]

Your solicitor should be able to do a search of the Land Registry index map to see if the area you area concerned about is registered then it is possible to get an official copy of that registered title. You can then see who owns it and also if it is subject to a right of way for you to go over it.

[tusharkesare]

Thanks all for your replies!!

My solicitor has found out the registered proprietor to the driveway land is some construction company. From a Company Search it is apparent that this Company is now dissolved and any land owned by them is likely to have vested in the Crown.
We need to contact the Solicitors acting for the Crown in this matter to see if they would be agreeable to a transfer of this are to you. There is no guarantee they would agree to this and they may require payment for the land and would certainly require their legal fees to be paid.

Any ideas or experiences about dealing with solicitors for the Crown?

[Eve]

If it is Crown property then it is unlikely that it would be done for nothing and no fees paid. Could it not be something that the seller could do to rectify a "defect" in title, worth asking as this is an issue which is likely to come up for any potential buyer.

Indemnity insurance, albeit probably a non-started now as enquiries of the anticipated owner (if bona vacantia) may invalidate it as you are essentially increasing the insurer's risk of an issue arising.

In any event, it is not a fix all for problems which could be significant - it is an insurance policy which may be of little comfort if a vital accessway is compromised. Policies should be clearly explained so you know the risks, rather than just seeing it a sticking plaster to paper over an issue.

Are there no rights of way, either written or likely to have been sufficiently accrued? You should ask your legal advisor on this as the complexities of issues such as accrued rights, adverse possession etc... are not necessarily as straightforward as people think.

[Peter Pedant]

no you get the previous owners to issue an affidavit on their adverse possession.

or dont buy

queries to title allow you to pullout with out penalty


I did had to do this as a seller in 1985

[tusharkesare]

Hi Peter, can you please explain in more detail "issue an affidavit on their adverse possession"?

[Peter Pedant]

I swore an affidavit that was given to the buyer
in front of a notary public
that I had occupied the unlisted driveway for x years
seven I think

they then had only to occupy it for another 5

and the sale went forward...

[Valmave]

Two points come to mind.

Is the dissolved company's registered title subject to rights of way in favour of the garage ?

Adverse possession of an open space is hard to prove - anyone could probably use it. A statement of truth by the seller might be the start of a 20 year prescriptive right though.

[buildersmate]

As others have alluded to, your options are either possessionery title (hard to assure you can get and unlikely for free) or a legal right to pass / repass via a statement of truth that the previous owner has done this for at least 20 years.