Title plan incorrect

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    Title plan incorrect

    Hello all, I am hoping one of you knowledgeable people may be able help.
    I am in the process of buying a property, built in 1830. The original title plan shows the driveway in the wrong position ( the driveway has never been moved as it sits to the side of a steep bank - it's the only possible place for it) the original title shows the driveway where the steep bank is and not at the top of the bank. Part of the garden was sold off 15 years ago and a new red line boundary was created. This red line boundary starts beyond the driveway as marked on the title plan. The problem is that the actual driveway falls within the red line boundary of the land which was sold, therefore in order to access the property by car, one needs to cross about 10 yards of the land which was sold off. I believe I am correct is saying that an implied easement can't be given as the plot of land was transferred from the " parent" title and therefore could/ should have been done to allow access. A prescriptive easement can only be given after 20 years of use so I can't get that. It seems obvious to me that the red line boundary was drawn using the original title plan and not using to actual layout of the land. Just wondering if anybody had any thoughts on whether I might be able to get the red line boundary changed. As a side note, the only access to the land which has sold off is via my drive ( my red line boundary) but the driveway then continues past "my" house to access the land. I am assuming that they have an implied easement over my part of the driveway.
    thanks for and advice

    #2
    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.

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      #3
      It might be worth getting the title plan from the neighboring land. If that's correct it will be easier.

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        #4

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          #5
          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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            #6
            It is not so very unusual in the countryside for the land of a house not to abut the public highway. However this would alarm a possible lender. I have known of cases where the verge of Village Greens was owned by the National Trust and they have asked a few thousand pounds for easements, when asked.

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              #7
              It may also be in the neighbour's deeds that you have a right of access over it. We have a similar situation with water, our right is in the neighbour's deeds but not in our own.

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                #8
                Unfortunately, I think it was just a mistake in defining the red line boundary when they split the title. Was wondering if it's possible to change the boundary by proving a " mistake" I believe the current owner took out indemnity insurance when he bought it. I just want to try and cover myself incase I want to sell .

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                  #9
                  These days indemnity insurance has become an alternative to sorting out title problems which are capable of being sorted out. Whilst insurance may compensate you for something you lose and pay the legal costs, it cannot guarantee that you will not lose the thing you have insured against losing.

                  This sounds like a problem which is capable of being resolved. Being pragmatic though, in some cases, especially where it seems that the neighbour is blissfully unaware that there is a problem, the best policy may be to let sleeping dogs lie. If you wake the dog up it may set the cash registers ringing.

                  Your conveyancer has all the documents and facts and is the best person to advise.

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                    #10
                    Thanks for the advice. Will hepefully get my conveyancer's thoughts next week. Will report back incase anybody is interested

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