Advice on Land Registry Plans
There remain a large number of unregistered titles which require compulsory first registration at a point of transfer. Historically, Land Registry (LR) plans were based upon paper copies of Ordnance Survey (OS) plan sheets, which were less frequently updated. Quite often the registered plans were prepared by conveyancers drawing a red line around the plot as identified by the OS data, and as a result, this could lead to potential unforeseen errors as to the actual boundary on the ground. When considering this, the tolerances allowed within OS data should also be considered.
One must also remember that Registered Titles only indicate the general boundary and should not be relied upon for accuracy. Here, reference should also be made to conveyance documents which generally detail the geometry of a plot with more accuracy. In recent years LR data and index searches have become more accessible, with a helpful index search map indicating the registered parcels of land. As a result, assessments of unregistered titles and the surrounding registered titles have become easily accessible for property advisers and conveyancers.
Our Building Consultancy team frequently advise clients on the preparation of plans for first registration, transfers of part and leaseholds over 7 years. We will generally start by referring to the LR map search facility, obtaining an overview of the surrounding titles and downloading the relevant ones. In some cases, a site inspection may be required to check plot dimensions and occasionally we will require the services of a land surveyor to undertake a GPS survey of the existing boundaries and site features. We will then obtain a digital version of the most recent OS data and import this into our CAD software along with the relevant LR title sheets to overlay the OS digital data.
When undertaking such an assessment, quite often discrepancies become apparent where an adjacent title is based upon older, less accurate OS data. We will carefully consider if there are any obvious errors in adjoining registered titles, although LR will rarely alter adjacent titles to accommodate a new registration. As highlighted above, LR works on general boundaries which must not overlap and should be abutting, where occasionally gaps between titles exist.
We offer advice on the preparation of LR plans and regularly work with solicitors in this regard. There are strict guidelines to adhere to and when preparing plans, we rarely receive negative feedback from LR and our plans are accepted as compliant.
Should you have any queries regarding Land Registry plans, please contact our Building Consultancy team on 01206 216565 or contact Nigel Berry MRICS.