Garden Not Showing On Land Registry Plan To House

[buffymad]

I'm in the middle of selling my house and the buyer's solicitor has come back querying something.

I live in a row of terraced houses. We have a garden but to get to that, you exit the front door and then there's a pathway in between the house and the garden (takes about 2 steps to get into the garden). The plan from the Land Registry doesn't show the garden (actually, it doesn't show anyone's gardens).

Any idea what this would mean or what should happen? We've lived in the property for nearly 20 years and don't think we had any queries or problems when we bought the house in this respect. No one has ever said the gardens don't belong to the owners of each property and certainly the only people ever maintaining the gardens are the owners!

My solicitor is looking into this but thought I'd ask on here in case anyone has good advice. The buyer's solicitor is asking for a statutory declaration and indemnity insurance. What does that entail and what is that for? Sounds costly ...

[buffymad]

I've lived inthe property for nearly 20 years and used the garden for the same amount of time. No idea, why he's asking for absolute title now. Solicitor looked at statutory declaration etc then came back saying this was now required! I wondered that too - surely its a "one or the other" type thing - ie indemnity insurance OR absolute title?

[gness]

Think we need Barmaid, Buffy. I'll ask her to cast an eye over this...she's good.....at law I mean.....know nowt about her personal life..;-) x