A property listing and the title deeds do not always tell the same story. A house may be advertised with a large garden, rear access or off-street parking, only for the conveyancing investigation to reveal uncertainty about ownership or the rights needed to use it.
For a buyer, that can change what they are prepared to pay. For a seller, it can mean further enquiries, extra costs and a transaction that stalls. Sometimes the discrepancy first becomes apparent years after the owner bought, when a new buyer’s solicitor examines the documents.
The practical question is straightforward: does the legal position support the feature that helped sell the property?
What does the proposed Conveyancing Protocol say?
The October 2026 draft Conveyancing Protocol addresses this issue expressly. At Step 7, it proposes that the buyer’s conveyancer review the property particulars and consider whether an advertised feature or representation needs clarification.
It also proposes comparing the listing and particulars with the title, the seller’s TA6 answers and search results, flagging material discrepancies to the buyer and raising them with the seller’s conveyancer. On the seller’s side, the draft proposes reviewing the particulars and discussing apparent inconsistencies in the completed TA6.
This is consultation wording, not an adopted replacement Protocol. It should not be treated as creating every relevant duty for the first time, or as the standard by which an older purchase is automatically judged. Its value here is the practical emphasis on bringing the different sources of information together.
A seller’s experience: the garden problem that stopped the sale
In a public account of a garden title problem, a homeowner described discovering during their sale that the garden was apparently included in the title of a neighbouring development.
The owner said the property had been advertised with the garden when they bought. They reported that an indemnity policy was proposed during the later sale, but the buyers refused it and the transaction fell through.
The title documents and original purchase file were not available for examination. This is an unverified personal account, not a finding about ownership or the original conveyancer’s conduct. It nevertheless illustrates the seller’s practical difficulty: a feature enjoyed for years can become an urgent obstacle when the legal basis for it is questioned.
A buyer’s experience: advertised parking that was not legally included
Another public account concerned a flat advertised with an allocated parking space. The buyer reported that the conveyancing checks revealed no legal entitlement to the advertised space.
According to the account, the management company proposed a charge of £10,000 to add the parking entitlement to the deed. While the parties discussed who would pay, the seller’s onward transaction fell through and the purchase collapsed. The buyer reported having incurred legal, broker and valuation costs.
Again, this was a personal account rather than an adjudicated dispute. It shows why the precise meaning of “allocated parking” needs establishing before the transaction becomes dependent on it.
Ownership, access and permission are different things
A feature can exist physically without the seller owning it. Equally, the seller may own land but need a right over somebody else’s land to reach it.
- A garden: the fenced area may extend beyond the land included in the sale, or an additional title may need to be transferred.
- A driveway: ownership of the parking area does not itself establish a vehicular right of access over the route leading to it.
- A parking space: the arrangement may involve ownership, a leasehold right, a right to use a particular space or a permission subject to conditions.
- Rear access: a right to walk along a path may not permit vehicles, parking or the buyer’s intended use.
The wording in the register, transfers, lease and other relevant deeds matters. Longstanding use is evidence to investigate, but should not be treated as an automatic answer to every ownership or access question.
Does the title plan settle the question?
Not on its own. HM Land Registry title plans usually show general boundaries rather than the exact legal boundary. Measuring a red line against a photograph is therefore not a reliable way to decide a precise boundary dispute.
A substantial apparent discrepancy still needs investigation. The conveyancer should read the register and plan with the relevant deeds and, for a leasehold property, the lease. A separate title or a right granted in another document may explain what initially looks like an omission.
HM Land Registry’s guidance on boundaries explains the limits of title plans and the other evidence that may matter.
What should buyers do before exchange?
Send your conveyancer the listing, brochure and any written statement about a feature that matters to your decision. Explain what you expect to own or use, particularly where the answer affects parking, access or the extent of the garden.
- Ask whether the feature is included in the title or supported by an enforceable right.
- Check whether conditions, restrictions or charges affect its use.
- Identify any difference between the property shown at the viewing and the documents supplied.
- Ask what remains unresolved and what solution is proposed.
- Obtain an explanation of the practical implications before deciding whether to exchange.
Restrictions can matter even when the land itself is included. Our article on restrictive covenants affecting a house sale explains how permitted use can influence a buyer’s decision.
What should sellers and conveyancers check?
Sellers should provide the previous purchase documents and explain how parking, access and garden arrangements operate. If the particulars contain a statement they cannot support, they should raise it with their conveyancer and estate agent promptly.
For conveyancers, the useful discipline is to reconcile the information rather than consider each document in isolation. The file should show the discrepancy identified, the enquiries made, the evidence obtained and the advice given.
On a mortgaged purchase, any proposed solution must also be considered against the applicable lender instructions. The buyer’s willingness to accept uncertainty does not resolve the lender’s separate requirements.
Possible solutions depend on the facts. They may include transferring additional land, establishing or documenting a right, correcting an error, varying a deed or considering suitable insurance. None should be assumed to be available or sufficient without investigation.
Our guide to deeds of variation when selling a property explains why changing the documents may require other parties’ agreement. An indemnity policy does not itself transfer ownership or create a missing right.
The discrepancy only appeared when you tried to sell
Start by establishing the present legal position. Then retrieve the original listing, title documents, replies to enquiries, Report on Title and correspondence about the feature.
Ask what the original documents showed, what was investigated and what you were told. Where relevant, the lender instructions applicable at the time may also form part of the evidence.
A failed sale does not by itself establish negligence or misrepresentation. Any assessment needs the relevant documents, circumstances and advice. The proposed 2026 Protocol should not be applied retrospectively as proof of a failure on an earlier purchase.
This article concerns property in England and Wales. When I Bought is a Lexsure service, not a law firm. Advice on an individual title or potential claim requires examination of the relevant documents. Time limits may apply.
