Unregistered land in shared garden

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  • Goatrote

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  • Goatrote
    started a topic Unregistered land in shared garden

    Unregistered land in shared garden

    Hello, bit of complicated one, this, so I would be very grateful for any advice.

    Six years ago I purchased a leasehold maisonette with a share of a communal garden. There are two flats. Flat A (mine) and Flat B (downstairs neighbour).

    The complication is that the actual extent of the garden is not reflected in the freehold title plan. The red box does not extend to the boundary. This may be because there was a path through to the main road at some point, which has now been blocked off. You can see this in the first attached image.

    Flat A's title plan shows that it owns a small rectangle of garden on the left hand side, approximately half of the land included in the freehold title plan (see second image).

    Flat B's title show shows it's red box extending past what is included in the freehold title up to the boundary (see third image: as I can't have more than two images in a post, I will put this in a reply). Also, on the freehold title there is note to say that "the lease also comprises other land".

    So there is a quarter of the garden that is unregistered land as far as I can tell, but it is within the physical boundary and there is a shed on it that is used my me and was used by my predecessors.

    My question is how can get the land registry to alter my title plan so that my red box extends to the boundary, which would reflect how the space is actually used (see fourth image in reply)

    What is the worst that could happen if I write to ask them to amend my plan and the application is rejected? Could they force me to fence off this parcel of land, even though no one can say where the fence should go?

    Do I have to wait 12 years and apply for adverse possession? And would I need to have that area fenced off from my neighbour in order for that that application to be successful?

    I would be grateful for any advice, because the issue is causing a problem on sale.

    Many thanks

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