8.13.2 Procedure - Initial Identification of Suitable Areas

The Plans Settler will, decide if it is a suitable development for procedure. In so deciding the settler must take the following criteria into account.
(i) Does the development consist of blocks of flats or include blocks of flats intermingled with detached, semi-detached or terraced houses? If so the area can be discarded unless the non- flatted property is clearly separated and can be considered on its own.
(i) Does the Development consist of 4 in a block, 2 up 2 down houses with garden plots? If so discard the area.
(iii) Are the deed plans "Floating Rectangles"? This will be apparent from the breakaway deed or deeds included a in Research File. If so discard the area.
(iv) Can a "mask" be made up from a reasonable number of deeds? For instance if there are 600 Plots in a development and each breakaway deed plan only shows 6 plots then it would take one hundred deed plans to cover the area. This is too many. It is difficult to provide guidance on what is acceptable but it must be a balance between benefits to be gained and the difficulty of achieving them.
(v) Is it worth adopting the procedure for a small development or for a portion of one? Once again a balance must be struck. If there are fewer than a dozen plots in the development it is probably not worth the bother but if there are 15 or 20 plots which are all shown on one plan it may well be advantageous to adopt the procedure.
(vi) Are the plans of sufficient quality to permit overlay traces being made?
(vii) Is development still taking place? If it is, unless there are distinct completed phases, the procedure is of no value.

8.13.3 Preparation of the Overlay Mask

Once it is decided that an development is suitable, the Plans officer will prepare an overlay mask. The locations of the various breakaways will be identified. If this proves to be a good random spacing throughout the estate, it can be accepted as fairly certain that all the plots in the estate have been conveyed using the same edition plan. Should the deeds not show a good random spacing throughout the estate, suitable additional properties are selected and their deeds ordered from the Record Office.

8.13.4 Examination

The Developed on the Ground Procedure can generate enormous benefit for the Agency in saving staff time. To achieve this benefit a certain degree of risk is involved. To minimise the risk the decisions must be taken by Plans and the Legal officers at a suitable level, delegation is not permissible. Moreover the procedures laid down herein must be followed scrupulously

The Plans settler and the designated Legal settler should together examine the development for which overlay masks have been prepared.

The Plans and Legal settlers should compare the overlay mask with the OS Map. From this it will be apparent whether the boundaries on the ground conform to what is shown on the Deed Plans. Where discrepancies are revealed it is the decision of the Legal settler as to whether they can be ignored or not bearing in mind any information as regards age and nature or boundaries and other relevant factors supplied by the Plans settler. The primary criterion to be taken into consideration is whether the discrepancy is such that anyone examining a Title Plan showing the plot as fenced would readily perceive that it was different from the deed plan. Basically if the plot shape looks the same it can be accepted whereas if the discrepancy converts a plot from a square into a rectangle or a quadrilateral into a triangle or the like it cannot be accepted because it would be instantly apparent to anybody comparing deed plan and Title Plan.

It is highly unlikely that an overlay mask will fit exactly over a whole estate. Local fitting in separate areas may be necessary but providing the local fitting does not clash with other local fitting this is a perfectly satisfactory method. It must be stressed, however, that both the Legal settler and the Plans settler must agree any local fitting or adjustment of trace positions. Groups of houses such as a cul-de-sac or the side of a street can, and indeed often must, be considered in isolation. Lateral movement of boundaries can be ignored providing it does not radically alter the shape of the plots or does not result in a plot being missing or an additional one appearing on the ground. If this sort of thing has happened it points to a change in the development plan and copy deeds for the houses in the area affected should be ordered to see if that change is reflected in the deed plans for them.

Having decided which plots can be mapped as fenced and which may require special treatment the Plans and Legal settlers must then consider if a site visit is necessary to confirm their decision, in most cases it will be. In any case where there are discrepancies, which will require further consideration a site visit is essential to check that the OS Map is accurate and to try and ascertain what has caused the problem. Even where there are discrepancies which prima facie can be ignored it is advisable to instigate a site visit to ascertain age and nature of boundary features first in case any on the ground changes have occurred since the OS Map was last revised. The age and nature of a feature can also play a part in deciding whether to give instructions to map "as fenced". A six foot high brick wall or a mature hedge represents a firm established boundary, which can readily be accepted even if not conforming to the titles. A stob and wire fence does not necessarily carry the same connotations of permanence, although such a feature may be several years old.

It should also be noted that the normal P24 survey requisition form can be sent to the Ordnance Survey with the appropriate question added to complete the site visit where it is not viable that a officer from the Agency carries it out i.e. Site visit for Tobermory Shetlands etc,

During the course of an investigation it may become apparent that the OS Map is not sufficiently up to date to take account of recent developments on the ground and again the Plans officer must take action to have it updated.

8.13.4.1 - Recording mapping instructions for future applications

When the site visit has confirmed which plots can be treated as fenced and which plots require special treatment this has to be noted on the DMS.

Where the development forms part of a Research Area the notes should be added to the Research Area notes on both the LRS and DMS. Where no Research Area exists an index type DOG (DEVELOPMENT ON THE GROUND (EXPLANATION OF INDEX TYPES)) must be created for the development to which mapping instructions for the development is added. See section 14.1.8.5 of the Plans Manual.

Example Notes

" - Apart from the plots undernoted fenced extent can be given in all cases.

Plots requiring special treatment
House 19, 21 and 23 Meadow Way
House 124 Moon Crescent"

The Plans and Legal settlers should remember that if a house plot does require special treatment this may involve the neighbouring plot so that plot should be scheduled for special treatment as well if appropriate.

Where house plots include half the width of roads or access lanes etc a simple fenced extent instruction is obviously insufficient. The instruction must be more explicit, for example.

" Apart from the plots undernoted fenced extent can be given as regards the side boundaries in all cases, front and rear boundaries should be mapped to include half street/lane " (or as appropriate).

8.13.5 Procedures at P16 Report and First Registration Stages

8.13.5.1 P16 Reports

When a request for a P16 Report is received the reports settler should check the Index Map to see if there is a developed on the ground instruction for the particular plot. If there is an instruction to treat it as fenced the reports settler should run a visual check to ensure that the description in the request looks the same as the plot on the OS Map. There is no need to measure accurately, if it does look the same an answer 2 as follows can be given

2G. The subjects shown on the plan submitted by you do not agree with the boundaries shown of the Ordnance Survey (OS) map. However, the Keeper has received previous applications in this area* / already investigated the development* and has established that the position of features on the ground does not reflect the extents shown on the deed plans. Given the age and nature of this development the Keeper, as a result of the prior registrations* / earlier investigations, is willing to register this property as defined on the enclosed extract from the OS map with no exclusion of indemnity regarding the extent.

This P16 Report should be submitted with the application for registration of the property together with confirmation that the extent depicted on the OS map does actually reflect the occupied extent of the subjects.

If it does not look the same the reports settler should refer the case up so that a check can be run against the overlay trace. If the instruction on the Index Layer states that the plot requires special treatment, and a brief comparison between the deed plan and the print confirms an obvious problem, an answer 3 as detailed below should be given and a print enclosed with the report. It is important to check the situation, in case a different plan is used in the P16 application that reflects the physical situation.

3G. The site that the subjects shown on your plan forms part of, has not been developed on the ground as per the layout depicted on the plan. As a result of the differences between the layout shown on the plan and the position depicted by the Ordnance Survey (OS) map, there is no reliable surrounding detail from which the position of the boundary features of the subjects can be plotted. Therefore it is not possible to establish exactly how the subjects relate to the OS map, and where any discrepancies may fall.
However by picture there does appear to be a discrepancy between the extent shown on the plan and the OS map. For your assistance I enclose an extract from the latest edition of the OS map held by the Keeper.
Please see the enclosed guidance notes on how to proceed prior to submitting an application for registration.

8.13.5.2 First Registrations

When an application for First Registration is received the Plans settler should check the Index Layer for instructions. If there is an instruction to give fenced extent this can be given after a visual check to ensure that the plot looks the same. Here again if there is a visual discrepancy the case should be referred up. If the instruction indicates special treatment the Plans settler should prepare a print showing the discrepancy and refer the case up through normal channels, having checked, firstly, that the particular deed plan does, in fact, reveal discrepancies, and secondly, that there are no other relevant documents that may resolve the situation, such as further conveyancing.