Certified Plan Procedure

General

It is a condition of registration of a transfer of an unregistered plot under section 23(1)(c) that "the deed so describes the plot as to enable the Keeper to delineate its boundaries on the cadastral map". In relation to an application for voluntary registration, the condition of registration is found at section 28(1)(a) which requires that "there is submitted with the application a plan or description of the plot sufficient to enable the Keeper to delineate the plot's boundaries in the cadastral map".

There are similarly conditions of registration relating to registrable encumbrances affecting a lesser area within the plot being registered.

Usually, either the DIR or the prior titles referred to will contain a suitable description and/or a plan allowing registration to proceed. In limited cases, a plan which is not annexed to a deed will be submitted to fulfil the relevant conditions of registration relating to the boundaries of a plot.

Keeper's policy - when certified plans can be used

It is the Keeper's policy that certified plans may be used in two situations:

an application for voluntary registration; or
where the application is for registration of a deed such as a disposition, but the inclusion of a servitude created by prescription is requested.

For the avoidance of doubt, it is not appropriate to raise a requisition for a certified plan, rather the application may require to be rejected.

Where a registrable deed transferring ownership is submitted for registration, a certified plan cannot be used to identify the plot of land for which registration is sought or a right or burden constituted in a previous deed but which cannot otherwise be identified from the deed creating it. Instead, a deed plan acceptable for registration should be incorporated into the disposition or notice of title in the normal manner.

Key requirements

(a) The plan must accompany the application; and

(b) The plan should be referred to in the application form (for example in the Further Information field); and

(c) It should be clear that the plan submitted is the plan referred to in the application form; and

(d) The plan must be of sufficient quality under the deed plan criteria; and

(e) The purpose of the reference/s on the plan should be clear from the information provided either in the form, from a legend on the plan or in any docquet on the plan. For example, whether the plan (or a particular reference on it) discloses the extent of the plot for which registration is sought or the route of a prescriptive servitude right of way or the areas affected by a specific burdens in previously recorded deeds.

The plan does not require to be "certified". For example, any docket on the plan does not require to state "I/We certify....". Nor is it necessary that the plan be signed by either the applicant or by their agent submitting the application. An application utilising such a plan should not be rejected for either of those reasons. The plan should be annexed to the application form.

There must be no expression of doubt or concern within the application form or any covering correspondence as to the accuracy of the information provided. So, for example, any suggestion that the plan is merely indicative or demonstrative or is not to used for the registration process, is unacceptable. Rejection of the application may be necessary if the deeds enclosed with the application do not themselves fulfil the conditions of registration relating to the identification of the plot or associated rights and burdens. Provided there is no concern in this regard, then the applicant and the parties involved are certifying the information provided. Before submitting the application for registration, the parties must have satisfied themselves that the information provided in the plan is supported by the title deeds and, where appropriate, prescriptive possession.

To simplify matters, a docket can be used on the plan, which could take a form similar to one of the following:

This is the plan of plot (address or general description) for which registration is sought, referred to in the application for voluntary registration by (applicant's name)”.

This is the plan referred to in the application for voluntary registration by [insert name of applicant or applicants]. The boundaries of the plot [describe nature of plot where separate tenement such as e.g. 'salmon fishing rights'] for which registration is sought are [edged red].

This is the plan of the route of the right of access for vehicular and pedestrian purposes created by prescription, referred to in the application for registration of the Disposition by A to B of (description of plot transferred).

Guidance

If the purported certified plan does not meet the necessary quality standards, and the application for voluntary registration does not otherwise contain sufficient information to meet the condition of registration regarding the identification of the boundaries of the plot of land on the cadastral map, the application should be referred for possible rejection.

If the application for voluntary registration contains any information suggesting that the parties are unsure (or do not consider) that the plan accurately reflects the plot of land for which registration is sought or that the plan does not reflect the legal title of the applicant, and the application does not otherwise contain sufficient information to meet the condition of registration regarding the identification of the boundaries of the plot of land on the cadastral map, the application should be referred for possible rejection.