The aim of this chapter is to highlight the most common problems that arise with lease plans and suggest ways to overcome them.

Is a plan required?

The first point to consider is whether a plan is required. In some cases use of a plan is voluntary; in others it is mandatory.

• Rule 24 LRR 2003 requires that an application for first registration must be accompanied by "sufficient details, by plan or otherwise, ...... so that the land can be identified clearly on the Ordnance Survey map".
• With a dealing with part of a registered title, r213 LRR 2003 requires that ".... a document lodged at Land Registry dealing with part of the land in a registered title must have attached to it a plan identifying clearly the land dealt with". However, if the land leased can be identified clearly on the landlord's registered title plan, a verbal reference to that plan is acceptable (r213(4)).
• With prescribed clauses leases, the wording of clause LR4 states that a plan must be attached to the lease where there is a letting of part.

Where a plan is used it must be signed by the landlord, and must be of sufficient quality to enable the correct extent of the land to be identified. Where an approved estate plan exists, any plan used in the lease must be based on the current approved version.

The next page looks at Land Registry requirements for a lease plan.