PUZZLED Leasehold - Freehold Adverse Possession Boundaries & Everything in Between

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    PUZZLED Leasehold - Freehold Adverse Possession Boundaries & Everything in Between

    Hi There,
    I've posted on here before a while ago, but the information I had at the time was very sketchy. It still is to some degree, but through obtaining the history/deeds/old OS maps to our property and the house adjoining, we've come to learn they used to be tenanted and in common/single ownership.
    With this being a landlord website, I'm hoping someone has come across something very similar?
    Both properties were tenanted between 1860 - 1960
    In the 1860's both properties A & B have a granted right of way marked red on the plan Ref 1, meaning A & to use the land of property B.

    The pink building you see in Ref 2 did not appear until sometime in the early 1900's. Both properties appear to share the one garden as the land is white is not owned making property A landlocked. I don't know who occupies the pink building but it is evident property A will require access to/in it to use the ROW at the bottom of Property B.

    In the 1930'S when still in common ownership, the pink building now appears as Ref 3 and the owner of the two properties buys the land in white, unlocking property A to the rear and opening up to the highway at the North.

    It is evident to assume this pink building is now solely occupied by property A & any access property B may have had to it would no longer be required. I assume the landlords intention was to make the properties better suited/more independent for their tenants.

    Property A's exit of that pink building is still on the land of property B and Ref 3 shows how they still have to use property B to not only reach the new land in white but still the ROW at the bottom of Property B's garden.

    In 1960 both properties are sold to separate people and are no longer tenanted. Property B is again sold in 1967 and again in the 1990's. The title plan to property B is made according to the deeds of 1967 and the title plan is represented by what is contained in the blue lines.

    Property A is sold in 1960 and once again in the 1990's. Property A's title plan is created according to the deeds of 1960 and that title plan is represented by what is contained in the yellow lines.

    Property A & B are both sold with a garden according to their deeds. Property A is described as a messuage and All That piece or parcel of land.
    All that piece or parcel of land can be referred to the exact wording of the deed when the land in white is purchased in the 1920's. It is also sold with rights, easements & appurtenances.

    Property B is described as a messauge and garden. This is also sold with rights, easements & appurtenances in the deeds.

    When we purchase property B in the 1990's, the only thing we are told is property A occupies the pink building even though it is contained on our plan. Property A appears to have the right to use a washing line in our garden and as there is no documentary evidence our purchase should be subject to this. No other rights/burdens affect property B and none are listed on first registration or thereafter.

    Eventually property A extends their kitchen to Ref 4 and years later there is a problem when Property A realises this whole section is not on their title plan.

    They contact the LR saying there is a mistake with the original title plan/map and have their title plan updated to what you now see contained in the yellow lines on Ref 5. Ours does not change and remains as what is contained in Blue. So now we both own the same section.
    We are in the process of trying to find out why the LR have done this and are in contact with a solicitor. There has been no AP application or determined boundaries.

    Does anybody know what all this means. The properties have sold several times in the past 60 years. There is nothing that explains this whole set up other than what we have been able to piece together above.
    Any insight would be hugely appreciated.

    #2
    You should make appointment to visit the Land Registry Office which holds the old records for your town/city and discuss the problem with Land Registry staff.

    Comment

    Latest Activity

    Collapse

    Working...
    X