New Style Plans Reports

Published May 23, 2016

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Millar & Bryce have re-designed Plans Reports.

The new Reports are easier to read and interpret. We have built on our growing experience since the Land Registration etc. (Scotland) Act 2012 (“2012 Act”) came into force and the Reports include enhancements based on developing practice and user feedback.

A key feature of the 2012 Act is that there can be no registration without mapping. To produce our Plans Reports, we combine advanced geographic information software (GIS) with our wealth of experience and skills, to replicate title data from your deeds onto the current version of the Ordnance Survey map. Our Plans Reports ensure that any potential issues are identified early. This avoids triggering a rejection when an incorrect plan or description is submitted as part of an application for registration.

What are the main changes you can expect to see?

Apart from the improved look which has been professionally designed to be easier to review and absorb, we have taken user feedback and improved the responses that we give to individual questions.

plans reportWe will provide details on what sources we have used to produce the Plans Report, so there is no doubt as to the subjects covered.

We will provide an authoritative answer to whether the plan or description meets the Keeper’s criteria; an explanation if it does not and proactive solutions to resolve this matter.

We will also provide a narrative, where appropriate, based on our investigation, which will help you find a resolution for any discrepancies that are identified.

 

What additional services do the Millar & Bryce Plans Reports include to assist the registration process?

  • When we identify any discrepancies Millar & Bryce will supply you with a copy of any Title Sheets and plans referred to (up to a maximum of 3) we will also provide copies of Title Sheets and Plans (on request) when we identify shared and additional interests.
  • For non-suitable plans or deeds where there are OS discrepancies or a lack of detail, we will prepare a demonstrative plan. This will form part of our response, highlighting the current situation on the ground that can easily be converted into an appropriate deed plan for subsequent use.
  • For incomplete submitted information, we contact our clients to address this, prior to proceeding.
  • If a Plans Report identifies that the deed plan or description does not satisfy the Keeper’s deed plan criteria, Millar & Bryce can produce a compliant deed plan and will then subsequently produce a “clear” Plans Report based on this new plan at no additional cost.
  • Also similar to current title reporting we can tailor the report with additional detail to suit the needs of the customer.
  • Under the 2012 Act, the Keeper relies on the applicant identifying deeds containing relevant rights, burdens and servitudes that affect the property to be registered. Our Plans Reports are based on the description and deed plan contained in the descriptive writ. This allows us to check for any burdens that may not be referred to on any accompanying plan.

Millar & Bryce provide a Professional Indemnity cover of up to £10m covering the professional person, solicitor, firm, company or other legal body who places an order with Millar & Bryce and the person(s), company or body who is the intended recipient of the service with an actual or potential interest in the subject property

At Millar & Bryce we follow the same criteria as the Registers of Scotland to establish the suitability of a deed plan for registration. We employ robust procedures to ensure that there is no cadastral conflict. A recent analysis of Millar & Bryce Plans Reports produced in the last 6 months reporting that the plan met the Keepers deed plan criteria revealed a 99.93% success rate when submitting the plan for registration. We regularly monitor this service and will continue to track the Keepers criteria and guidance and improve our procedures to eliminate all Plans Reports issues.

Best Practice

Millar and Bryce believe in the best professional practice. Our staff includes a search team with many members having 40 years of Sasine search experience as well as 30 years of Land Register expertise. This is particularly relevant when dealing with older properties where a burden or condition may not necessarily be indicated in sufficient detail on the deed plan. Capturing all discrepancies in Plans Reports and identifying any relevant interests minimises the risk of the Keeper rejecting an application. If a suitable deed is not supplied with your report request it is our policy to request necessary additional information prior to proceeding with your instructions.

If you have any feedback on the new style Plans Reports or any suggestions for further enhancements we would be delighted to hear from you.