Form P16 report and Form P17 report 4.8  The  Keeper  is  willing,  on  payment  of  the  relevant  fee,  to  compare  a  plan  and/or  a  bounding description with the ordnance map and to disclose any discrepancy between the boundaries in the title  description  or  on  the  title  plan  and  those  appearing  from  the  ordnance  map  to  be  the occupational boundaries. Application for such a comparison should be made to the Keeper on a Form P16 for subjects that are unregistered, and on a Form P17 for subjects that are already registered and which  reflect  certain  plotted  boundaries.  It  should  be  remembered,  however,  that  firms  of  Private Searchers also provide equivalent reports and the solicitor is at liberty to acquire his or her report from whatever source he or she wishes. Form P16 report - application 4.9 Application for a Form P16 report is most conveniently made at the same time as a solicitor orders a Form 10 report. When submitted together these reports will attract a reduced fee. The Form P16 report must be accompanied by a description sufficient to enable the Keeper to make the comparison between the title description and the boundaries as depicted on the ordnance map. For this purpose the Keeper will accept: A copy of a recorded deed plan with boundaries of stated lineal dimensions or boundaries which can be measured from an adequate scale appearing on the face of the plan and, in the absence of a postal address, the position of the property being tied by measurable or stated dimensions to road junctions or other features which are depicted on the ordnance map; or Such a recorded deed plan together with a postal address but without the position of the property being so tied to features which are depicted on the ordnance map (note that such a plan would normally be unacceptable for land registration purposes if used as part of a new deed); or A written description (extracted from a recorded deed) which includes measurements and refers to adjoining subjects by name or street number and not by the name of the owner, together with a postal address; or A  new  plan  that  is  intended  to  support  an  application  for  registration  that  complies  with  the recommended  criteria  in  appendix  1  to  this  chapter.  It  is  important  to  note  that  even  where  a response is possible within the context of the P16 report, the plan may be rejected as unsuitable for registration purposes. A plan from which it is not possible to obtain accurate measurements that can be related to adjoining features is inadequate, as is a bounding description in vague terms such as ‘bounded on the west by Maggie Thomson’s feu’. Form P16 report - effect 4.10 A Form P16 report is an alternative to a comparison made by the solicitor himself. For avoidance of any doubt a report which discloses that the boundary comparison is satisfactory gives no assurance that, once the full title has been examined and registration completed, there will be no exclusion of indemnity. Where the title and ordnance map descriptions coincide or where any discrepancy is so slight as to appear to the Keeper to be immaterial, no plan will be attached to the report. Where, however, there is a material discrepancy, the Keeper will indicate his interpretation of the discrepancy

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  < Previous Page | Next Page >