Land Registry Scheme Maps Approval ‘Subject To Conflict
The Land Registry have now adopted a procedure for approving Scheme Maps for new developments ‘subject to conflict’. The Land Registry in adopting this practice are drawing to the attention of the profession that their approval of a Scheme Map merely means that the map is of such a nature and is marked in such a way as to be acceptable for registration purposes and that a photocopy of same attached to an individual transfer will be acceptable. The Land Registry in approving a Scheme Map have never warranted that the boundaries of the property shown on this map do not conflict with any existing Land Registry mapping data. In inserting the words ‘subject to conflict’ in their endorsement they are merely bringing to the attention of the profession what has always been the situation.
Bearing in mind the foregoing the Joint Law Society/Building Society committee have been asked for their opinion as to whether it would be necessary for a purchaser/mortgagee’s solicitor to obtain an official Land Registry mapping search to ascertain whether there is in fact any conflict of boundaries. The committee are of the opinion that where the usual declaration of identity has been furnished by the developers architect in which it is confirmed, inter alia, that the site is entirely within the confines of the parent folio that there is no need for an independent Land Registry Mapping search.
In addition there is the protection of the usual undertaking as to Land Registry Mapping Queries.