discrepanc in transfer plan (TP1) x registered title plan

[dls]

What evidence do you have of the previous position of the fence.

Get very real about the value to you of the land lost.

[celcorjen]

Reply to admin: Evidence about the previous position of the fence: We have photos which show clearly that the general boundary line aligns with the facade of my neighbour's barn and coincides with what shows in the title plan. It's a straight line. This is what we saw when we bought the property and believed to be the extent of our property. Can I post docs (without ID) and photos here?

[atticus]

this is a discussion forum; not a way of obtaining legal advice.

[celcorjen]

Sorry. I'm not a solicitor, nor a native speaker. Am aware though that no one here would be able to give us legal advice without seeing all the docs and in any case it would not be conclusive - no advice is. Some fora allow posting attachments and pictures and that's why I asked about it. Apologies once again for any misunderstanding.

[Bob1977]

Land Registry official plans are not meant to be accurate.

Land Registry Practice Guide 5 states: "The title plans of all registered titles show only the general position of the boundaries, unless they are shown as having been determined as exact boundaries pursuant to s.60, LRA 2002. This means that it is possible for an area of land to be within a registered title, even though it falls outside the red edging on the title plan. Conversely, it is possible for an area of land not to be included within the registered title, even though it is within the red edging on the title plan. In other words, it is not possible for Land Registry to define the precise position of the boundary in question."

Forget the Land Registry plans. You have to go back to the intention of the parties at the time of the transfers.

[theycantdothat]

However, we did notice an existing fence which we believed showed the boundary between the two properties and that coincided with what shows in our title plan.

I think that that is the crucial point. If the line on the title plan coincides with the fence and the fence marked what you thought was the boundary then the title plan shows what you thought you were buying. Up to a point, when you buy "what you see is what you get" and that rule of thumb works both in favour of and against a buyer. It is one of the reasons for the general boundaries rule.