Background
Property A has granted two rights of way of its land:
- Grant 1 was granted in the 1970s in favour of Property B.
- Grant 2 was granted in the 2010s in favour of Property C, as part of a partial sale of Property A's land for the development of Property C.
The areas covered by Grants 1 and 2 are different. Grant 2 includes all of Grant 1, and also additional land.
The rights of way are referenced differently in the Title Extract:
- Grant 1 is referenced in both the Property Register and the Charges Register. The Charges Register states "The land hatched blue on the title plan is subject to rights of way."
- Grant 2 is referenced in the Property Register only, as follows: "The land ... is subject to any rights that are granted by the [deed of sale] and affect the registered land." A copy of that deed of sale, which includes a scale plan of Grant 2, is filed with Land Registry.
The land hatched blue on the title plan
does reflect Grant 1, but
does not reflect the full extent of Grant 2. Grant 2 is only fully reflected in the scale plan attached to the applicable deed of sale filed with Land Registry.
This has led to a dispute between Property A and Property C as to whether Grant 2 is, in fact, coextensive with Grant 1 and only over the land hatched blue on the title plan.
Questions
(1) Where the Charges Register states "The land hatched blue on the title plan is subject to rights of way", does that mean that any land that is
not hatched blue is
not subject to rights of way? Or could additional land that is not hatched blue be subject to a right of way where it is referenced in a valid deed filed in the Property Register?
(2) If the answer to (1) is that additional land can be subject to a right of way, is there a way to update the title plan to show the additional right of way, to resolve the confusion/disputes? If not, is there a clear rule that can show that the title plan does not necessarily show the full extent of rights of way?
Many thanks.
