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This publication is available at https: Introduction Customers tell us that preparing plans for registration purposes is not an easy task and we accept that it can sometimes be a tricky process, particularly when dealing with unregistered properties that have not changed hands for many years.
However, deed plans are an essential element of buying and selling land. The title plan and register cannot describe the land in a title any more accurately than the pre-registration deeds allow. The pre-registration deeds can play a crucial role in resolving any future issues or questions regarding the extent of the land in a registered title; good quality deed plans are a key aspect of this.
Any plan that needs to be lodged with an application for registration or for a search must be such that the land concerned can be identified clearly on the Ordnance Survey map. To ensure the plan meets this standard, it should comply with the guidelines in Guidelines for preparing plans for HM Land Registry applications.
This is not to say that a failure to comply with one or more of the guidelines will always prevent an application from proceeding. If the land cannot be clearly identified on the Ordnance Survey map, it may mean that the application is rejected on delivery or cancelled some time afterwards.
This supplement contains two tables: Table 1 provides guidelines for preparing plans for lodging with HM Land Registry applications with examples of plans that meet all the criteria. Table 2 lists some of the reasons why a plan would not meet the criteria with examples of deficient plans.
Why good quality plans are important As stated above, the pre-registration deeds and their plans could play a crucial part in resolving any future boundary issues or questions regarding the extent of the land in a registered title. Plans that fulfill the guidelines set out in Table 1 below will: In most cases the best way to achieve this is to provide a plan showing the extent of the land together with any rights that go with it or to which it has been made subject.
There are a few situations where just a verbal description will be sufficient and those situations are covered later. See Use of verbal descriptions. Plans for specific application types or situations The guidelines for a plan, even for an unusual application for registration, are fundamentally the same as for any other applications but with variations.
Subject to our advisory policy, we are always prepared to offer advice on the preparation of plans for a specific application.
Plans for first registrations A first registration is, as the name suggests, the application that puts land on the register for the first time. For that reason an application for first registration must be accompanied by sufficient details for the land to be clearly identified on the Ordnance Survey map and in most cases a plan will be necessary.
Occasionally a verbal description may be adequate, for example, in the case of a house with a clear postal description which is shown on the Ordnance Survey map with well established, fully defined boundary features.
In circumstances where the plan to the deed inducing registration is not sufficient to allow clear identification of the land, we may ask for an additional plan to be substituted or the existing plan amended. Any substituted or amended plan will need to be signed by the parties.
Where an approved estate plan exists, any plan used in the transfer or lease must be based on the current approved version of the estate plan. A verbal description by reference to plot numbers on the approved estate plan or the postal address is not acceptable. See also practice guide The officers of the company whose signatures appear in the form of execution at the end of the transfer or lease can be taken to have the necessary authority.
See practice guide Plans for unusual extents of land HM Land Registry increasingly receives applications to register airspace, roof-space, tunnels and so on.
Registrations of strata, either airspace or subsoil, can be freehold or leasehold and may be registrations in their own right or form part of the registration of another structure, typically commercial premises such as an office block, an industrial unit or a unit within a shopping complex.
As with any application, it is important that we have a clear understanding of what it is that you want us to register. Invariably a plan will be required in these types of application.
Like other types of application, we will need to know where the land falls in relation to existing ground surface detail so that we can identify the land on the Ordnance Survey map.
In addition to this we need to know what depth or height is specifically included or excluded from your application. Where there is uncertainty we will ask you for clarification.
The register and title plan will reflect the description contained in the deed regarding specified inclusions or exclusions. Ordnance Survey datum, which is a national reference for heights, can be used to define height to fine tolerances.
Guidance notes for preparing plans for floor levels, flats and maisonettes are included in Table 2. Use of verbal descriptions In examples 1 and 2 below, the properties shown would not be capable of registration by verbal description only as there would be uncertainty about the land sought to be registered.
Example 1 Example 1 shows properties with open plan frontages - the divisions between each would be impossible to describe unambiguously.
Example 2 Example 2 shows an older development where properties may also include areas of land such as access ways and outbuildings that make a verbal description impossible to determine.
Example 3 In example 3 below, the majority of properties are fully defined by Ordnance Survey detail and therefore may be capable of being accepted for first registration based on a postal address.Nov 12, · How to Write a Business Plan.
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