In October 2014 the Land Registry changed its policy on how
it creates Leasehold Plans.
Before the 20th October the Land Registry looked
to replicate the intricate details from the large leasehold plans showing the
precise layout of property at a large scale.
The problem with this was that this was often potentially
misleading when considering the smaller scale Ordnance Survey maps used by the
Registry.
A review of this practice revealed a variance in approach
and for this reason a change in policy was needed to make sure that the focus
on the mapping of leasehold floor levels was put back on the lease plan.
The new policy still requires the Registry to show the
extent of the land in a lease but when it comes to dealing with larger developments
this is more likely to be recorded on the landlord’s title with the tenant’s
title plan showing only the outline of the building as shown on the Ordnance
Survey Plan
By adopting this new approach the Registry hope it will be easier
to understand the position of all the leases granted out of a registered title
in relation to each other on one title plan.
Completion of a leasehold floor lever registration,
according to the Registry, without any limitation in the extent of other
rights, interests demised, guarantees the title granted to the tenant notwithstanding
how the red edging on the title plan is drawn.
However these changes in policy will no impact on the
results issued on searches of the index map, 0S2 applications and a Map Search.
In practice we will be seeing a change in the note attached to
the tenant’s title plan. This is now
likely to record that the land will lie within the area edged red but which is
more particularly described in the lease or leases.
None of these changes impact on the need to submit a
Registry compliant plan when registering a title for the first time - that
is making sure the following requirements are met:
• a site plan showing detail in
relation to the Ordnance Survey map
• plans of each floor level
• a recognised scale for both the
site plan and the floor level plans
• a North point
• clear edging showing the land
demised by the lease. The location plan and the detailed floor level plan can
be separate plans.
