Plans Report
We understand that an inch can make a mile of difference.
A Plans Report is appropriate when a transaction on a piece of land or an application for voluntary registration is being considered. It’s an important tool in the conveyancing market for any transaction that will trigger the registration of a plot of land for the first time but can also be used for transactions that will trigger a transfer of the whole or part of a registered plot.
The report supports applications for registration and aims to reduce or eliminate the risk of rejection. The team at Millar & Bryce will identify any risks or concerns, including potential conflicts on the cadastral map and will advise on the suitability of a plan or description for registration purposes, allowing you the opportunity to take appropriate action prior to submission of an application.
The decision on what level or type of plans report is dependent upon the type of information you require.
Level 1 report
This report type is the most basic report available and should generally be used when completing a report over registered subjects prior to a registration of a dealing of whole or transfer of part when there are no rights and/or burdens being created but the cadastral unit is likely to change.
The report will
• Advise whether the plan is suitable for registration
• Advise of any cadastral conflicts
• Provides a list of the title numbers of any cadastral units which conflict
• Provide a copy of the title sheet(s) for free for any title listed as conflicting (max 3 title sheets)
This report does not provide an illustrative print showing the extent of any conflicts.
Level 2 Report
This report can be used for simple first registrations where there are no shared interests or specific rights or burdens and there are no leasehold interests involved.
The report will:
• Advise whether the plan is suitable for registration
• Advise of any cadastral conflicts
• Provide a list of the title numbers of any cadastral units which conflict
• Provide a copy of the title sheet(s) for free for any title listed as conflicting (max 3 title sheets)
• Compare the extent of the subjects with the Ordnance map and advise on any under/overlaps with the apparent occupied extent
This report will not provide any information on shared interest, specific rights or burdens or any other registered interests which may affect the subjects.
Level 3 Report
We would recommend that this report is the one that should be requested on most occasions. It covers all plans aspects of the registration, providing all the information you need to ensure a smooth and rejection free application process
This report will provide all the information that a Level 2 report provides but will also:
• Compare the extent of the shared areas with the Ordnance map and advise on any under/overlaps.
• Provide a list of any title numbers which conflict with the shared areas
• Provide a copy of the title for free for any title listed as conflicting with a shared area (max of 3 title sheets)
• Provide information on any conflicts with the quantum share
• List title numbers (up to 3) of any registrations which include shared areas in the report
• List title numbers of any registered titles which contain rights or burdens which affect the subjects of the report
• List title numbers of any other registered interests e.g. leasehold interest which affects the subjects of the report.
Keeper Induced Registration (KIR) reports.
This report should be used when the subjects of the report have been registered through KIR and no other transaction has been registered since.
An insightful article in the journal, co-written by George Gretton and John King called Land Registration: KIR title sheets discusses some of the issues around KIR titles and the merits of a obtaining a report over a KIR title.
A KIR title is registered based solely on information contained in the Sasine register and has had no involvement from the proprietor of the subjects. The report will:
• Compare the legal extent contained in the deeds with the now registered extent.
• Compare the registered title with the Ordnance Map and advise on any over/underlaps
• Provide information on whether rights/shared areas/burdens that should’ve been reflected are shown
• Provide an illustrative print if any of the above are identified
Continuation reports
Further reports can be requested at any time, either because you are now near to submission of an application or a new or updated plan has been provided as a result of the original response. The continuation report will provide the same information as the original report, including updates from any previous responses as required.