In Practice Guide 40, Supplement 5, Section 10 "Colour References" the statement is made that 'When preparing title plans we follow a convention – see Appendix 1. It is helpful if those conventions are followed when deed plans are prepared, particularly with regard to rights of way.'
One of the conventions in Appendix 1 is to use different colours to denote:
(a) rights of way on registered land for use by other land, and
(b) rights of way on other land for use by the registered land.
I own a diversified farm where many different uses co-exist. These different uses share common rights of way in the form of roads leading to different parts of the farm. Until now I have only granted licences, short leases, and assured shorthold tenancies, none of which have created registered titles, and I have used a standard plan which shows the rights of way. It is very helpful if everyone on the farm has the same plan showing the rights of way because this reduces the risk of disputes.
I am now dealing with the grant of two new leases which will have to be registered. The land demised in each lease includes part of the common right of way and each lease will itself receive the benefit of use of the parts of the common right of way which fall outside the demise. The Land Registry convention would require each of the plans in the new leases to have different colouring, and these colours would be different to those used on all the other plans which are in use. I am very reluctant to do this.
Can I use my standard plan in these two new leases, with rights of way being a single colour instead of the two colours preferred by the Land Registry, or would this be rejected?
Thanks.
