Foot­print of apart­ment doesn’t match up to the lease plan

Yorkshire Post - Property - - FRONT PAGE - John Rob­son I have pre­vi­ous con­veyanc­ing ex­pe­ri­ence and re­quested a copy of the plan to the lease of the apart­ment. I also re­quested a copy of the Land Reg­istry ti­tle plan. Nei­ther of these plans show the bay win­dow. The wall in ques­tion is shown on bo

Land Reg­istry rules re­lat­ing to boundary plans do not guar­an­tee them to be ac­cu­rate and re­flect ex­actly how the prop­erty or land ap­pears on the ground. This is called the “gen­eral boundary rule”.

Land Reg­istry Prac­tice Guide 40, para­graph 2.3, is most rel­e­vant to your is­sue. This sec­tion pro­vides in­for­ma­tion on how the Ord­nance Sur­vey de­pict cer­tain fea­tures and de­scribes how Land Reg­istry pre­pare ti­tle plans based on Ord­nance Sur­vey in­for­ma­tion.

Para­graph 2.3 states this: “The way fea­tures are shown on an Ord­nance Sur­vey map will de­pend upon the scale of the map.”

For ex­am­ple, a fea­ture such as a small jut or porch of a main build­ing may not be shown at all on a 1:2500 scale map.

If the plans are based on OS scale 1:2500 scale the bay win­dow in the apart­ment may not be shown at all.

The Land Reg­istry plans will be pre­pared upon a first reg­is­tra­tion ap­pli­ca­tion and the plans then sup­plied. Due to the way Ord­nance Sur­vey rep­re­sent fea­tures will re­sult in the bay or jut not be­ing shown.

If the plans had been pre­pared on a larger scale of 1:1250 this may still not be suf­fi­cient for Land Reg­istry to show the bay win­dow or jut fea­ture.

If the orig­i­nal lease plan did not ac­tu­ally show the bay win­dow or jut then the in­for­ma­tion set out in Land Reg­istry Prac­tice Guide 68, Sec­tion 5.2.1.1. may ap­ply to your sit­u­a­tion. Prac­tice Guide 68 deals with the sit­u­a­tion whereby the Trans­fer (Lease) plan dif­fers to the phys­i­cal fea­tures as they ap­pear on the ground.

Sec­tion 5.4. deals with leases and cov­ers the cur­rent sit­u­a­tion and the rem­edy is set out in sec­tion 5.4..2.

If the orig­i­nal lease plan did not in­clude the bay win­dow a Deed of Vari­a­tion is re­quired with the cor­rect plan an­nexed to it.

This Deed is deemed a sur­ren­der and re-grant of the orig­i­nal Lease with the new plan be­ing the amend­ment. The new plan will need to be of a suf­fi­cient scale en­abling Land Reg­istry to cor­rectly de­fine the foot­print of the apart­ment as it ap­pears both on the ground and on the plan.

This is­sue will need to be re­ferred to and dealt with by the seller’s con­veyancer.

KNOW THE SIGNS: Prob­lems with plans can cause con­veyanc­ing prob­lems and hold up a move.

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