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Published 2 October 2017
We all know the importance of ensuring that an accurate plan forms part of any document, such as a lease or transfer, for land registry purposes. The plan provided to the Land Registry must be based on the Ordnance Survey plans and is fundamental in describing the estate to be registered. Without an accurate plan difficulties will be encountered, and in a worst case scenario your document may not have legal status.
All land transferred to NHS bodies on the establishment of the autonomous Trust regime in 1990 was registered at the Land Registry. It would therefore be natural to assume that you own what is shown on the plans filed at the Land Registry.
However, it is not widely known that it is not possible for Ordnance Survey to replicate the exact position of each physical feature on the ground. This means that measurements scaled between features shown on OS plans may not exactly match the actual distance measured between the same features on the ground. In consequence, the title plans held by the Land Registry simply show general boundaries, rather than an exact legal position. So while you may think that you know what you own – it may not be that straightforward and it may be necessary to look into the pre-registration deeds to understand the position fully.
Anne Crofts, Andrea Proudlock