The Land Registry offers developers an estate boundary plan approval service to assist developers of residential developments prior to the layout of the development being designed. The main purpose of the service is the extent of the developer’s registered title can be compared with a site survey.
One particularly useful advantage of the service is that any discrepancies between the boundaries of the registered title and the physical boundaries on the ground can be brought to the developer’s attention at an early stage.
In addition, HM Land Registry can advise whether any specific easements to be granted fall within or outside the registered title.
An application can be made by providing a copy of the site survey plan obtained which shows the extent of land within the development. Any survey plan provided must comply with the detailed requirements of HM Land Registry.
The survey plan can be sent to HM Land Registry at the same time as an application to register the site is made. When the application for registration has been completed, the survey plan can be sent to HM Land Registry via email. HM Land Registry will only be in a position to approve the plan following completion of an application for registration.
The survey plan can be annotated with notes on any boundary treatments for example explaining where a new fence is to be erected or detailing any existing boundary details. These notes will assist when the survey plan is compared with Ordnance Survey information.
On receipt of the survey plan, HM Land Registry will compare the boundaries shown on the survey plan with the registered title boundaries and in addition, the up to date Ordnance Survey map. If the boundaries match then HM Land Registry will approve the estate boundary plan.
As with the estate plan approval system, the issuing of approval of the estate boundary plan by HM Land Registry does not mean that the development has planning permission. The relevant local authority deals with the granting of planning permission and not HM Land Registry.
Again, as with the estate plan approval system, HM Land Registry may decline to approve the estate boundary plan if they are of the view that by granting approval it could mislead the general public into believing that there will be a future development.
If you need any advice on Land Registry estate boundary approvals, please contact a member of our commercial property law team in confidence here or on 02920 829 100 for a free initial call to see how they can help.
To speak to one of our experts today, please contact us on 02920 829 100 or by using our Contact Us form for a free initial chat to see how we can help.
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