Partial Reference Shown on Deed Plan

General

Occasionally, a deed plan annexed to a deed will show only a partial or incomplete reference for a right, burden or servitude rather than the full extent of the reference. The keeper's policy is that it is not appropriate to map a partial reference; to do so would be to populate the cadastral map with references that do not represent the intentions of the parties to the deed. However, there are certain points that need to be considered by the plans settler before a decision can be made as to whether the reference is partial or full, and whether to reject an application or verbalise the reference. Several scenarios have been set out, below, to illustrate the most common types of examples.

The content of this page should be read in conjunction with Further Guidance page Plans References for Servitudes, Burdens and Non-ownership Rights.

Useful Links

Deed Plan Must Be Acceptable

Plans References for Servitudes, Burdens and Non-ownership Rights

Location Plans

Monochrome Plans

If an area of ownership (exclusive or common) is only partially shown on a deed plan, this is not acceptable for the purposes of registration in the land register as the full extent of the subjects must be capable of being mapped on the cadastral map. If an application contains an incomplete description of the subjects to be registered, the application will be rejected.

Key points to consider

The Keeper's policy is not to map a partial or incomplete reference on the cadastral map. Occasionally, however, a degree of judgement is required to help decide whether a reference is partial or whether it does represent the true intention of the parties to the deed.

1. Does the text of the deed make it clear that only a partial or incomplete reference is shown on the deed plan?

2. Does the reference on the deed plan look like it is a complete reference?

3. Does the reference on the deed plan run off the edge of the page?

For example:

"...right of access over the footpath partially shown blue on the plan annexed hereto...."
"...right of access over the track shaded green on the plan annexed hereto from the property to the main road...", and where the green reference on the plan does not extend all the way to the main road

For example:

is the end (or ends) of the shading on the deed plan for the reference rough rather than neatly enclosed by an edge?
Illustration
No attempt should be made to plot a reference such as this, either by "squaring off" the rough edge or by trying to plot the rough shape of the shading
By comparing the deed plan to the OS map, does the path, track or other feature continue beyond the part shown referenced on the deed plan? Would a right over just the part shown referenced on the deed plan serve a useful purpose? For example, would it actually allow access to be taken, or would an additional right over other land (i.e. the rest of the path) be required?

For example:

does the shading on the deed plan stop at edge of the page?

Illustration

When a reference on a deed plan ends at the edge of the page, consider whether either the edge of the page coincides with an existing feature on the OS map (for example, a bell-mouth, or a juntion), or whether the reference runs only part of the way along a route which extends for some way beyond the edge of the page.

If the shading does stop at the edge of the page, does this coincide with an existing feature on the OS map (for example, a bell-mouth, or a juntion)?
Or does the reference run only part of the way along a route which extends for some way beyond the edge of the page?

If the text of the deed does make it clear that only a partial or incomplete reference is shown on the deed plan, then the reference should not be mapped. Depending on the particular circumstances, the application should either be rejected or the reference verbalised in the title sheet (see Further Guidance page Plans References for Servitudes, Burdens and Non-ownership Rights).

If the reference on the deed plan clearly does not look like a complete reference, then the reference should not be mapped. Depending on the particular circumstances, the application should either be rejected or the reference verbalised in the title sheet (see Further Guidance page Plans References for Servitudes, Burdens and Non-ownership Rights).

If the edge of the page coincides with an existing feature, consideration can be given to mapping the reference as shown on the deed plan. The other key points should also be considered before deciding whether to map, verbalise or reject. If you are unsure what is the most appropriate action, refer to your plans referral officer.

If the edge of the page does not coincide with an existing feature, and instead the route continues beyond the page edge, then the reference should not be mapped. Depending on the particular circumstances, the application should either be rejected or the reference verbalised in the title sheet (see Further Guidance page Plans References for Servitudes, Burdens and Non-ownership Rights).

Scenarios

Scenario A - partial reference shown on deed plan, text of deed makes it clear that the reference on the deed plan is incomplete

Deed plan

Description in deed

Comments

Action for plans settler

together with.....a servitude right of pedestrian and vehicular access to the subjects over the proposed new access road partially shown shaded yellow on the plan annexed hereto

The text of the deed makes it clear that the route of the servitude being granted in this deed is only partially shown on the deed plan, not the full route.
The eastern end of the yellow reference on the deed plan is cut off at the edge of the page; consideration of the OS map shows that this does not coincide with a feature such as a junction or gate, and that the route of the road continues for some distance beyond the page edge.

This is a partial reference and should not be mapped.

Refer to Further Guidance page Plans References for Servitudes, Burdens and Non-ownership Rights to establish if the right can be verbalised in the title sheet, or if the application should be rejected.

together with.....a right of pedestrian access from the rear of the subjects to Medwyn Street over the footpath coloured green on the plan annexed hereto

Comparing the text of the deed with the deed plan & the OS map makes it clear that only part of the route of the servitude being granted in this deed is shown on the deed plan - the deed plan does not show the full route to Medwyn Street.
The eastern and western ends of the green reference on the deed plan are roughly finished rather than being neatly finished or enclosed by an edge.

This is a partial reference and should not be mapped.

Refer to Further Guidance page Plans References for Servitudes, Burdens and Non-ownership Rights to establish if the right can be verbalised in the title sheet, or if the application should be rejected.

Scenario B - partial reference shown on deed plan, no acknowledgement of this in the text of the deed

Deed plan

Description in deed

Comments

Action for plans settler

together with.....a right of pedestrian access from the rear of the subjects over the footpath coloured green on the plan annexed hereto

The eastern and western ends of the green reference on the deed plan are roughly finished rather than being neatly finished or enclosed by an edge.
Comparing the deed plan with the OS map shows that the path does extend for some distance on either side of the part shown coloured green on the deed plan; this adds weight to the argument that only part of the route of the servitude being granted in this deed is shown on the deed plan.

This is a partial reference and should not be mapped.

Refer to Further Guidance page Plans References for Servitudes, Burdens and Non-ownership Rights to establish if the right can be verbalised in the title sheet, or if the application should be rejected.

together with.....a right of access over the farm access road coloured blue on the plan annexed hereto

The northern end of the blue reference on the deed plan is cut off at the edge of the page; consideration of the OS map shows that this coincides with a t-junction onto a classified road.
The text of the deed does not indicate that the reference on the deed plan is a partial reference.

Having considered the OS map and the text of the deed, there would seem to be a reasonable argument that the intention of the deed is for the route of the right of access to be as is shown coloured blue on the deed plan. In other words, this is not a partial reference and therefore can be mapped.

Scenario C - partial reference shown on deed plan, full reference shown on location plan

Deed plan	Description in deed	Comments	Action for plans settler
	together with.....a right of pedestrian access from the rear of the subjects over the footpath coloured green on the plan annexed hereto	Although the full extent of the access route is not shown on the main part of the deed plan, the full extent is shown on the location plan. The Keeper's policy on Location Plans is that they may be used to plot from in addition to the main part of the deed plan provided they are sufficiently clear, accurate and at an appropriate scale. The eastern and western ends of the green reference on the main part of the deed plan are roughly finished rather than being neatly finished or enclosed by an edge. The location plan shows a larger green reference, including the section shown on the main part of the deed plan, and extending some distance on either side. Although the scale of the location plan is smaller than the main part of the deed, for the purposes of establishing the route of this servitude, it is sufficient in this example as it follows defined features on the OS map.	Having considered the suitability of the detail shown on the location plan, the full extent of the right of access can be clearly identified. In other words, this is not a partial reference and therefore can be mapped.
	together with.....a right of pedestrian access from the rear of the subjects over the footpath shown coloured green on the plan and location plan annexed hereto	Although only a partial extent for the access route is shown on the main part of the deed plan, the full extent is shown on the location plan, and this reference on the location plan is specifically referred to in the text of the deed. The Keeper's policy on Location Plans is that they may be used to plot from in addition to the main part of the deed plan provided they are sufficiently clear, accurate and at an appropriate scale. The eastern and western ends of the green reference on the main part of the deed plan are roughly finished rather than being neatly finished or enclosed by an edge. The location plan shows a larger green reference, including the section shown on the main part of the deed plan, and extending some distance on either side. Although the scale of the location plan is smaller than the main part of the deed, for the purposes of establishing the route of this servitude, it is sufficient in this example as it follows defined features on the OS map.	Having considered the text of the deed and the suitability of the detail shown on the location plan, the full extent of the right of access can be clearly identified. In other words, this is not a partial reference and therefore can be mapped.