Title plans are essential documents for all property transactions, but boundary problems can occur when the accuracy of them is taken as gospel.
Title deeds for a property are made up of two documents: the title register and the title plan. The main content for the title register consists of three parts: the property register, How accurate are Land Registry Title Plans?the proprietorship register and the charges register.
The title plan states the ownership of a freehold property or piece of land (Leasehold properties require a lease plan, rather than a title plan).
The title plan includes the property's unique title number, the Ordnance Survey map reference used to create the plan, and a red line to indicate the general position of the property's determined boundaries.
The Land Registration Rules 2003 state that Land Registry compliant title plans are required to accurately identify and illustrate the boundaries of a freehold property or piece of land. However, the relative accuracy of title plans can cause some confusion when a property owner or their neighbour assumes that the boundary specified on their title plan is intended to be a 100% accurate representation of their home and its adjoining land.
Are Land Registry title plans accurate?
The purpose of a Land Registry title plan is to offer a guide to the general position of the property boundary, rather than a precise line. They are unlikely to show 100% accuracy with regard to the position of the property boundaries.
In some cases, a boundary line determination may have been made, most likely as a result of boundary disputes. However, in general the title plan is considered as a guide only, rather than an exact representation of legal boundaries.
A property litigation solicitor will usually need to be involved to resolve boundary disputes.
There are a number of factors that contribute to the relative accuracy (or not) of a title plan.
The Land Registration Act 2002 only requires that title plans show general boundaries, not the precise positioning of an exact boundary. Within the official text on all title plans, it states: This title plan shows the general position, not the exact line, of the boundaries. It may be subject to distortions in scale. Measurements scaled from this plan may not match measurements between the same points on the ground.
Title plans will generally include some geographical features, such as the position of other buildings, trees, hedges and fences, but they won't give precise distances in relation to the property. Taking note of where these physical features actually are can help you to understand more about the specific accuracy of your title plan.
Dimensions are not usually included anywhere on title plans. Generally, dimensions are only shown on very occasional examples of title plans.
Title plans are based on Ordnance Survey maps, which means that they can only be as accurate as the original map they are based on. Ordnance Survey maps are created for different purposes, including recreation and navigation, and can sometimes use different scales. They are not specifically created to be used as the basis of title deeds, and so we can't assume that the accuracy is the same as it would be if it was intended to be a specific legal document.
Ordnance Survey maps are continuously updated, whereas title plans tend to stay the same for years or even decades. Nowadays, new title plans are computer-generated and are known as vector title plans. But there are still some title plans in use that were originally prepared over 100 years ago, and so the physical features included alongside property boundaries are unlikely to still be the same every time a property is sold.
The precise boundaries for particular parcels of land can only be determined by the landowner who was responsible for dividing up the land in the first place. HM Land Registry holds no responsibility for determining property boundaries.
The red lines used to show the property boundary usually follow the physical features shown on the Ordnance Survey maps, such as fences or hedges. But it's not always obvious whether the boundary runs, for example, through the middle of the hedge or to one side of it.
Can Land Registry title plans be wrong?
In general, no title plan is ever 100% accurate. However, it is possible that a title plan can simply be wrong.
When a title plan is wrong, more often than not it will be for one of two reasons:
The details of the property have been captured incorrectly.
One reason why this can happen is when property developers build and sell properties faster than Ordnance Survey can survey them. In these situations, the title plans have to be created from the developers' transfer plan, which is more likely to be a plan of the design intentions, rather than what was actually built.On other occasions, the Ordnance Survey map that the title plan was based on may have been inaccurate in the first place, or in the case of land being divided and sold, the physical feature used to divide the land (such as a fence or hedge) may not be represented on the Ordnance Survey map, if it has been added later. This is most likely to happen when a new plan is created without a surveyor or Land Registry representative visiting the site in person.
The plan does not meet Land Registry guidelines.
Since title plans are important legal documents, they must adhere to a strict set of guidelines before they can be accepted by the Land Registry. Sometimes, a title plan might be put together using incorrect information, by someone trying to save on costs by putting it together themselves, or through working with a company that does not have the up to date knowledge of the Land Registry guidelines required to get it right.
What do I do if my Land Registry title plan is wrong?
As we've mentioned, there are generally two situations where a title plan might be wrong. How you'll need to go about fixing it depends on which of the following situations your title plan falls into.
The problem: Your title plan has been accepted by the Land Registry, but the details it contains are incorrect.
What to do: If you think there's a boundary mistake on your property's title plan, you'll need to write to HM Land Registry with details of the mistake, including why you think a mistake has been made. You'll also need to include any evidence you have to prove that there has been a mistake with your boundary, such as certified copies of the title deeds for the property.
Send everything to the address found here, and if HM Land Registry agrees that a mistake has been made regarding the boundary of your property, they'll tell you what to do to correct it.
The problem: Your title plan has not been accepted by HM Land Registry.
What to do: If your title plan doesn't meet the Land Registry's criteria, then it can be rejected by them. This is not an uncommon occurrence, as the Land Registry can be very strict in their criteria. It's always worth getting your title plan produced by an expert, since it's unlikely to save much in the long run if your plan is not accepted and you have to spend more time and money getting one drawn up by an expert. It may even cost more if extra work is involved to redo a plan that was produced by someone without the relevant knowledge and expertise.
At Lease Planners, we have many years of experience with producing Land Registry compliant title plans. We're happy to offer any advice on how to make sure this part of your property or land transaction runs smoothly.
Get in touch with us today for any kind of assistance with your Land Registry plans.
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