Perfect plans

The inappropriate use of plans in the conveyancing process, both commercial and residential, still gives rise to a steady flow of notifications to insurers. These areas require particular attention:


  • Copying plans. Care needs to be taken when photocopying a plan for use in a document. Photocopying can distort the scale of the document. Boundaries are also liable to distortion when copy after copy has the boundary marked on it. This may result in a boundary line being delineated as a thick black line bearing no resemblance to the boundary on site. Particular care needs to be taken where the transaction involves part of a title, for example, a transfer of part or a lease of part. Solicitors should avoid drafting such a plan unless they have the appropriate qualifications, which is unlikely. Refer to the Land Registry practice guide 40, which contains details of the registry's requirements in respect of plans and useful information generally regarding plans and boundaries. Adhere to these requirements and it is unlikely that there will be a problem.



  • Signature of plans. Remember to obtain the appropriate signatures to the plan where necessary.



  • Colouring. While colouring may be a therapeutic pastime for the stressed property lawyer, great care needs to be taken to ensure plans are coloured correctly. Once the colouring has been completed, the deed or document should be checked to ensure that the colouring on the plan and the references to the colouring in the deed or document marry up. Where there is a plan, get it checked by the client. While it is unlikely that the conveyancer will visit the property, the client will inevitably do so. Ask the client to check to see whether there are any immediately apparent discrepancies between the plan and the property.



  • Searches. A number of searches require a plan to be annexed and it is crucial to choose the correct one to search as and where required. Problems range from a plan of the wrong property being used to an inaccurate plan, with the result that adverse entries are not identified in the search result.



  • Copyright. All Land Registry plans are Crown copyright. Copyright also attaches to Ordnance Survey plans, so consider any copyright implications that might arise when duplicating such plans.



    • The Land Registry sets out detailed plan requirements in section 6 of its guide. If conveyancers adhere to these requirements, the risk of an error arising in relation to a plan will be greatly reduced. The best advice is that where a plan has to be prepared, transfer the risk by instructing an expert, such as a surveyor.


    This column was prepared by AFP Consulting, a division of Alexander Forbes Risk Services UK