Complain to Solicitor about Private Road?

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    Complain to Solicitor about Private Road?

    We purchased our property - number 7 of an estate of 7 new build houses two years ago. A year ago, going through the title plans of the purchase agreement, we noticed that the plan did not show our back garden as it is in reality. There was a large chunk missing.

    After threatening our solicitor to go to the Ombudsman, the solicitor arranged for a transfer deed from the Developer of this estate to ours. I have attached a title plan to show our back garden, which is a separate chunk of land. We have finally obtained it.

    Moving forward to today - The estate benefits from a private road. The solicitor had also told us that this private road was 'jointly' owned by all 7 houses, and its maintenance and repair was our responsibility. We were similarly liable for any accidents occurring due to it. Hence, we took out home insurance that covered us for private road.

    The Developer, who is a very dishonest man, had retained the back of our garden originally to create access to the house on our left - number 6. Although this matter is now resolved (as above), he has now obtained planning and begun to develop a garden where the visitors parking is marked, and a private drive on half of the private road (drawn out on the picture) for a new house he is building to our east. This particular piece of private road was being used as a turning circle. However, as he has opened up the fences and is building a road next to it, this turning circle is redundant.

    We had originally intended to approach the owners of the remainder of 6 houses of the Estate, asking if everybody was happy to de-designate this as a turning circle as it is a nuisance to us, and transfer this piece of land to us for an agreed sum.

    Having seen the developer start building on it, when he had sold this to us as visitors parking and private road, we are thoroughly confused as to what has happened.

    Did our solicitor not advise us correctly? Do we not own 1/7th of this land, and therefore have been paying to maintain it?

    I downloaded the title plans for 'land on the east of number 7' as this is the strip in question, and it shows a third party as the owner - neither the Estate, nor the Developer.

    And to make matters worse, our front drive is also not fully shown as ours, but this was correctly drawn out with frontage and sold to us in the plans A and B as part of the purchase agreement (also attached). Why is this discrepancy between two title plans?

    I can attach the wordings of the plans here, as I simply do not understand what it really means. There are some 6 pages talking about this road and the visitor parking.

    Essentially, what I am trying to understand is:

    1. Should we complain to our solicitor due to the discrepancy in the plans?
    2. Do we, or do we not own the private road and visitors parking in conjunction with the rest of the Estate?
    3. Can the developer build another property on it?
    4. Is it possible to have this strip of land purchased from the remainder of the Estate and transferred to us?

    Thank you very much.

    #2
    Can anybody help?

    Comment


      #3
      I suggest you check with Land Registry Records for
      ( 1) your freehold house no. 7 and the site plan for showing the position of boundary line matches the boundary fencing you have on site .

      ( 2) the site plan for your private road owned by the 7 houses is registered correctly. . .

      Comment

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      • Title plan incorrect
        by northsouth
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        by northsouth
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      • Reply to Title plan incorrect
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      • Reply to Title plan incorrect
        by royw
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      • Reply to Title plan incorrect
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      • Reply to Title plan incorrect
        by northsouth
        Thanks for replies, the highlighted area is the piece of land that I need access over in order to access the house. The red line boundary shows the drive in the wrong place. Hope this makes it clearer.
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      • Reply to Title plan incorrect
        by northsouth
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      • Reply to Title plan incorrect
        by royw
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      • Reply to Title plan incorrect
        by Lawcruncher
        Whilst I get the general idea of the problem, it is a little difficult to envisage precisely what the problem is. However, I think there is enough to suggest that this a problem which the seller needs to sort out before you buy.
        27-02-2021, 13:43 PM
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