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Posted Thu, 25 Apr 2024 09:23:33 GMT by Carl Selden
There are the following 3 unsatisfactory situations regarding a piece of land A:

1. A transfer deed registered for A has a plan attached and the text refers to colouring, but that colouring is not discernable on the registered plan.  How does one go about getting the colouring added and then registered, if no original deed can be found that does show the colouring clearly?

2. A boundary agreement that is registered for A and a neighbouring property B has a similar issue in that the text refers to colours on the plan that are not showing on the registered copy, but the original cannot be found.  How does one go about getting the colouring added and then registered, if no original deed can be found that does show the colouring clearly?

3. A deed grants A a right of way over a registered piece of land C using the latter's registered title number but has no plan attached showing that right of way.  Some years later the land comprising the orignal access route land C has had a small piece of land sold off and registered under a new title D.  From the sequence it is clear that the access rights of the land A includes access rights over the new hived off title D, but in the absence of a map with the deed of A showing the original extent of the access way over C as it was at the time of that deed, this is not clear.  What needs to be done to correct the registered deed of A to include a map showing the original extent of the access route A?
Posted Thu, 25 Apr 2024 09:38:01 GMT by Adam Hookway
Carl - 1. You can't 'add' something to the registered deed so the odds are you'd need to create a new deed and register it. Depending on what the deed is registered for the next entry would link and cross refer as appropriate
2. As above
3. It's not the sequence that would or should make it clear but the register entries that do that. If D is subject to the already registered right on C then the right should appear on both titles and indeed the benefit on A. So IF the right isn't on D why not.  If an error was made when registering D then that should be flagged with us using our Contact form and corrected 
However if we are following a theme here re unclear plans but the entries are on A, C and D then again a new deed etc would be required and an application to then register it on all 3 titles as appropriate
Posted Thu, 25 Apr 2024 10:06:25 GMT by Carl Selden
Thank you very much for clarifying Adam - very helpful and clear explanation!

For 1 and 2, would the new deed be what is termed a Deed of Variation signed by all parties that simply states something like "This deed clarifies the previous deed of ... with an identical plan X, now showing the colours referred to in the text of the aforementioned deed for clarification purposes as these were not legible in the filed copy".  Would LR accept such a deed?

For 3, for reasons unbeknown to me, the LR title register for the hived-off portion D of the access road C has listed extant rights of way for all other properties on the development, but not for mine, whilst it is clearly referred to in mine, with a plan showing the full extent of the original road C over which my property has access rights.  I will flag this up with supporting evidence as you suggest.

Kind Regards, Carl
Posted Thu, 25 Apr 2024 10:17:57 GMT by Adam Hookway
Carl - you'll need legal advice as to what's needed here. Whilst we can register a legal deed between all parties you need to ensure that the actual wording meets the agreed/desired requirements. And then get all affected parties to be involved and execute it as appropriate
Report the error re Q3 as you mention

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