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28 April 2011 / Carl Calvert
Issue: 7463 / Categories: Features , Expert Witness , Property
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Maps & reliability

Carl Calvert tackles the good, the bad & the indifferent

It is most unusual to transfer maps with out a plan: the problem is often the reliability of that plan. Unless it is a Determined Boundary or the boundary is the subject of a Boundary Agreement it is a general boundary (s 60 of the Land Registration Act 2002 (LRA 2002)).

S 24(a) of  the Land Registration Rules 2003 (LRR 2003) requires that the land, for first registration, be identified with: “sufficient details, by plan or otherwise (subject to rules 25 and 26), so that the land can be identified clearly on the Ordnance Survey map”. In other words neither LRA 2002 nor LRR 2003 requires that a map or plan be required, only that there is clear identification on an Ordnance Survey (OS) map.

Part 10 (s 117 to s122) refers to a Determined Boundary which requires at s 118(2) “(a) a plan, or a plan and a verbal description, identifying the exact line of the boundary claimed and showing sufficient surrounding physical features to allow the general position of the boundary

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