boundaries sale deed | India Judgments | Law | CaseMine
Frequently asked questions about boundaries on maps and who is responsible for those boundaries. What does the Red Box in my Title Deeds represent? HM Land Registry . My Title Plan is based on mapping that is out-of-date. Why?. The fundamentals of land ownership and land boundaries date back to the very roots of civilisation, and . General Law Title (deeds of conveyance) still remain. Land registration generally describes systems by which matters concerning ownership, The plans are boundaries of land parcels but do not provide details of the The Registry of Deeds has since dealt with the registration of wills, title . nature and the relatively early date at which it was brought on to the Register.
England and Wales[ edit ] Main articles: English land law and Registered land in English law A national system of land registration was first attempted in England and Wales under the Land Registration Acta register having operated for the county of Middlesex excluding the City of London since Over time various areas of the country were designated areas of compulsory registration by order so in different parts of the country compulsory registration has been around longer than in others.
The last order was made inso now virtually all transactions in land result in compulsory registration. One difference is land changing ownership after death, where land is gifted rather than sold; these became compulsorily registrable only in April Similarly it became compulsory to register land when a mortgage is created on it in The Land Registration Act leaves the system substantially in place but enables the future compulsory introduction of electronic conveyancing using electronic signatures to transfer and register property.
Details of registrations are available to any person upon payment of the prescribed fees. Precautionary measures have been introduced in recent years to verify the identity of persons attempting to change records of title.
No details will be on record for any land which has not had a relevant transaction recorded as will often occur if, for example, ownership was last transferred before the introduction of compulsory registration in a particular area. In exceptional circumstances, the edging may follow the outside of the line or the land may be shown by pink tinting colouring.
These methods may be used on very small areas of land, for example sites of walls, where the use of normal edging is impractical.
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In these circumstances there will always be an explanatory note in the property register. We also previously used pink tinting on a plan to show the extent of the land in a caution, but the extent of a caution is now shown by red edging. Where a registration includes only part of a building, for example a room over a passageway, we will make an explanatory note in the property register and sometimes provide a reference on the title plan for the area of land in question.
For clarification, we may show complex floor levels on a supplementary plan attached to the title plan. This is prepared at a larger scale or we may supplement the title plan with a deed which is referred to in the property register. Where land is removed from one registered title plan to another it will usually be edged with green and the new title number added in green.
Another method we use is green tinting without showing the new title numbers. In each case we will add an explanatory note to the register and sometimes to the title plan. Dimensions Some title plans show measurements that were taken from the deeds, usually at the time the land was registered. Title plans will only show measurements if these were shown on plans contained in the title deeds.
Although these may give an additional indication of the position of the boundary, the title plan will still only show the general boundary. Furthermore, the exact point or feature from which measurements were made may have disappeared or changed, making any dimensions shown unreliable.
Although dimensions from deed plans may appear on older title plans they are no longer routinely reproduced. There has not been a wholesale conversion of any imperial measurements appearing on title plans or registers created prior to A request can be made by a registered proprietor for measurements to be converted from imperial to metric.
Any conversion of imperial measurements is made precisely to four decimal places. A fee under article 12 of the Fee Order is payable where the request to convert the measurements does not accompany an application on which a scale fee is payable. Colour references In addition to showing the extent of the land in a registered title, a title plan may contain other references which identify any parts of the land or adjoining land affected by entries in the register, for example easements, covenants or areas of land removed from the title.
These references include tinting coloured areashatching and different coloured edgings, numbering, broken coloured lines etc.
However, where an easement such as a right of way can be clearly identified, for example a passageway at the back of the property, we will make a verbal description of it in the register rather than provide a separate plan reference and register entry for it.
When preparing title plans we follow a convention — see Appendix 1. It is helpful if those conventions are followed when deed plans are prepared, particularly with regard to rights of way. Where the colour references for rights of way on existing deeds do not follow the conventions, we will reproduce the references shown in the deed on the title plan where practicable. The position of specific drainage rights granted by a deed are normally shown on the title plan by a coloured broken line and referred to in the register.
On developing estates, easements granted and reserved in individual deeds by the vendor are likely to be similar and of a general nature including rights of way over estate roads, common passageways, and rights of drainage. In the above example, part of the same land was sold on ten years later.
What are Title Deeds
The new conveyance plan extract at right repeats the dimensions from the earlier conveyance plan and adds some new dimensions. The new 90'0" dimension is apparently parallel to the 95'0" dimension. The 85'0" dimension is clearly not parallel to the other two, but if it is rotated about its bottom end to make it parallel with the 95'0" and 90'0" lines then it becomes only 82'1" long.
Consider the drawing at right, which is a more accurate version of the second conveyance plan. So we must conclude that the 95'0" dimension must actually have been '0".
This suggests that the 95'0" dimension was not accurately measured at the time the first deed plan was drawn. There is a further fault in these two conveyance plans. The two lines labelled '0" cannot be parallel to each other.
Using the Title Register
Assuming the 90'0" and '0" lines are both perpendicular to the lower '0" line then, by Pythagorasthe upper line must be 3.
This explanation relies on mathematics that should be fully understood by every 13 year old school child. Neither is it rocket science, nor is it arcane knowledge to which only land surveyors are privy. But it is basic mathematics that was not adhered to by whoever was responsible for each of these two conveyance plans. It should be remembered that the quality of a dimension stated in a deed is determined by the measurement technology and measurement methods used.
The quality of a badly measured dimension is not magically improved by its appearance in a legal document.
Nor does its quality magically improve simply because Land Registry has seen fit to make and retain a copy of that legal document.
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It must also be remembered that Land Registry's role is simply to compile a register based on information supplied to it by applicants and that historically, at least until the advent of Determined BoundariesLand Registry has exercised little or no quality control over the information it has received and placed on the register. The fact of the matter, and it is generally applicable to the vast majority of conveyances, is that dimensions were poorly measured and that no thought was given to providing sufficient measurements so that the dimensions could be mathematically checked to confirm their veracity.
Dimensions given in conveyances should always be treated as being unreliable unless they are corroborated by some other evidence. Believe nothing continued Never take an Ordnance Survey map at face value. Make sure that you understand all that is written on the Using Ordnance Survey maps page.
Do also follow up on the http: Although some property boundaries may be coincident with surveyed map features, no assumptions should be made in these instances and consequently it is not possible to be sure of the position of a legal property boundary from an Ordnance Survey map. Walls may be re-built, fences may be replaced when they have rotted away, hedges may be replanted — and any non-original features may be located in different places from the original features that they have replaced.
If a feature has been replaced then this may be the reason why you are unable to match the dimensions in the title deeds to the physical features at present on the ground. On residential land never believe that it is possible to work out the exact position of a boundary in relation to a hedge.
If you are given witness statements, then in the quiet of your own office test the information they give you against the title deeds, against any old photographs or aerial photographs, and particularly against an accurate land survey of what is on the ground, in order to assess their truthfulness or otherwise. Refer to the Documentary evidence: If you are a landowner then you will probably need to contract a land surveyor, preferably a chartered land surveyor, to do this for you.
But if you are going to that expense then you will probably want a chartered land surveyor who is also a 'boundary demarcation and disputes' specialist to do the boundary investigation for you. If you are a 'boundary demarcation and disputes' specialist who is not a land surveyor then you will be well advised to sub-contract the measured land survey to a land surveyor. The measured land survey should include: The title register and title plan for any registered title in England and Wales can be obtained from Land Registry.
They can be purchased online from https: Don't be shy about getting the 'register and plan' for any neighbouring property with which you are in dispute. The title deeds for your own property are held, if you own unregistered land and have a mortgage, by your mortgage lender.