CERTIFIED PLANS AS A MEANS OF ESTABLISHING EXTENT

1. Introduction
Over the past few years, there has been an increase in the number of cases in which agents have been invited to submit certified plans as an aid to identifying the location and extent of the property to be registered. Such plans have normally been requisitioned by the Plans Settler, who has supplied an extract of the Ordnance Map on which the applicant's agents have been invited to certify the extent of the subjects to which their client intends to take title.

This practice has given rise to a number of difficulties. Firstly, it is not always clear on what basis the applicant's agents have made the certification. At best, they may have indicated what they believe to be the current occupied extent, but this may not reflect the extent which is supported by the titles and validated by prescriptive possession. Secondly, it appears that some settlers may have assumed that such a plan indicates not just the extent to which the applicant wishes to obtain title but also the extent to which the Keeper can safely issue a fully indemnified title. Thirdly, where the Keeper supplies O.S. extracts for agents to certify, this has copyright implications.

Where such a plan is used as the basis for a fully-indemnified registered title, a subsequent challenge may present both the Keeper and the challenger with considerable difficulties. A neighbouring proprietor who has a title validated by prescription may be put to the inconvenience and expense of seeking rectification (perhaps involving court action) to vindicate his title. Whether or not rectification can be achieved, there is the potential for substantial indemnity claims. The Keeper has in fact received a number of claims relating to the use of certified plans, ranging from cases which have eventually been settled by agreement between the parties to one case which resulted in court proceedings and a claim for a sum in excess of £70,000.

Following a 3-month trial period, when all requests to agents for certified plans were routed through STLs or Plans RO1s and monitored by Registration Services, revised instructions have now been agreed. See Plans Manual Section 8.12.11,and it's subsections - THESE SHOULD BE ADOPTED BY SETTLERS WITH IMMEDIATE EFFECT; The only exception to this policy is where the Keeper has already committed himself as a result of a written pre-registration enquiry to follow a different course of action in an individual case.

2. Notification of policy change to the legal profession
The Keeper will in the near future be publicising the new requirements as set out in Plans Manual Section 8.12.11 and the reasons for the change of policy. In the meantime, any solicitors who have general enquiries or complaints with regard to the underlying policy should be invited to write to the Pre-Registration Enquiries Section or Senior Legal Group as appropriate.

KEN YOUNG
Director, Legal Services
27 April 2001