Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors - The Property Lawyers in Manchester for Property Developers
Please note: Not to be used or relied upon without legal advice. These notes are for illustration purposes ONLY
continued from page 10 . . .
Property Development
Plan Requirements and Specification
- the plan must clearly define the extent of each plot (including any separate parking spaces and garages) and show the number or reference identifying it. Conveyancing Solicitors and Property Lawyers for the Developer should inform the Surveyor to precisely define the external boundaries of the plots so as to avoid any misinterpretation.
- where a Property comprises more than one parcel (for example either a house plot with a separate garage or parking area or a flat with a separate garden) Property Lawyers and Conveyancing Solicitors for the Developer should ensure the Surveyor distinguishes each parcel on the plan by means of a different number. If the Surveyor gives the same number to several plots, difficulties of interpretation are likely to arise on an application for an official search of the Property Title Deeds or inspection of the title plan. The Solicitors can ask the Surveyor to to describe the parts by separate reference each of which could comprise the same plot number but a different letter prefix. The prefix may signify the purpose of each part, for example, where the house plot number is 46 and the garage could be shown as G46 and parking space as P46.
- the plan must show buildings in their correct position on their plots and any access drives and pathways which form plot boundaries.
- any parts of the Property which are to remain as common parts, to be used as amenities or rights of way maintained by either the Developer or the local authority, should be clearly indicated.
- if 2 or more floors of a purpose built block of flats are co-extensive and the layout and extents of the flats are identical, it usually suffices if the Property Lawyers and Conveyancing Solicitors for the Developer supply a plan of the single floor. The plan must show the reference number distinguishing each flat and state the floor level of each flat.
- where boundaries are of an intricate or detailed nature, e.g. where they pass through a building, a larger scale plan or inset plan may be necessary.
Reconciliation with Ordnance Survey maps
Land Registry base its plans on large scale Ordnance Survey maps. In the case of developing estates these are normally drawn at 1/1250 scale. A Developer can, therefore, be confident that, where there is conformity between the Ordnance Survey map and the Developer's estate layout plan, Land Registry will have little difficulty in relating the latter to our records.
In some circumstances (particularly where the Ordnance Survey map is at a scale of 1/2500) a Land Surveyor may find differences between the site boundaries of the Developer's survey and the corresponding boundaries shown on the Ordnance Survey map. Any significant differences, which are identified when an accurately surveyed site plan is checked against the Ordnance Survey map, should be reported to the local Ordnance Survey Data collection field office for investigation.
Land Registry revises its Index map and title plans of Developer's registered titles to show new buildings, fences, road and other physical features. Land Registry do this at intervals, as the information becomes available from surveys carried out by Ordnance Survey.
Ordnance Survey has a responsibility to ensure that they properly survey the final development for the purpose of updating the Ordnance Survey map. However, if a satisfactory 'as built' survey has been carried out for the Developer by a competent Land Surveyor, Ordnance Survey may be able to make use of it to avoid the duplication of effort and expense. In this way the Developer will ensure that the registration of the Development proceeds without survey problems and, subject to negotiation with Ordnance Survey, may be able to recoup part of the cost of the 'as built' survey.
Voluntary application to note overriding interest
Anyone applying to register a registrable disposition of a registered estate has a duty under section 71 Land Registration Act 2002 and rule 57, Land Registration Rules 2003 to disclose certain overriding interests on applications to register a registrable disposition of a registered Property. This means that each time application is made to register a transfer, Lease, Charge (Mortgage) or grant of an easement the Property Lawyers and Conveyancing Solicitors for the applicant must disclose these interests.
If these interests affect more than one plot and are noted on the Developer's Property title deeds before development commences there are advantages to all parties.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 12 (Manchester Conveyancing Solicitors Property Lawyers for Property Developers 12)
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