In Land App, we make freely available "Land Registry" data (freehold, leasehold, etc) via a data feed from Land Registry called the "National Polygon Service.
The polygons displayed on the National Polygon Service (NPS) from the Land Registry in England and Wales may differ from the boundaries described in Title Deeds for several reasons. These discrepancies arise due to differences in the purpose, accuracy, and legal standing of the two sources. Here are the key reasons:
1. Purpose and Legal Standing
Title Deeds: These are legal documents that define the ownership and boundaries of a property. They often include detailed written descriptions, plans, or references to physical features (e.g., "from the oak tree to the stone wall"). These descriptions may be historical, imprecise, or based on outdated surveys.
National Polygon Service: The NPS provides a digital representation of property boundaries based on modern mapping techniques. It is designed for general use and is not intended to replace the legal precision of Title Deeds. The polygons are often derived from Ordnance Survey (OS) mapping data, which is more accurate but may not always align with the historical descriptions in deeds.
2. Accuracy and Scale
Title Deeds: The plans or descriptions in Title Deeds may be based on older, less accurate surveys or may use generalised boundaries (e.g., "the middle of the stream"). These descriptions can be open to interpretation and may not reflect the exact physical boundaries on the ground.
National Polygon Service: The polygons in the NPS are based on Ordnance Survey mapping, which is highly accurate and updated regularly. However, the scale of the mapping may not capture every detail of the boundary, especially for small or complex features.
3. General Boundaries Rule
In England and Wales, the Land Registry operates under the "General Boundaries Rule" (Section 60 of the Land Registration Act 2002). This means that the registered title plans (and the polygons in the NPS) show only the general position of boundaries, not their exact legal position. The exact boundary may need to be determined by additional evidence, such as the Title Deeds or a professional survey.
4. Updates and Changes
Title Deeds: These may not reflect recent changes to the property, such as boundary adjustments, land divisions, or encroachments, unless the deeds have been updated.
National Polygon Service: The NPS is updated regularly to reflect changes in property boundaries, new registrations, and updates to Ordnance Survey mapping. However, there may still be delays in reflecting the most recent changes.
5. Interpretation of Boundaries
The boundaries in Title Deeds may rely on historical features (e.g., hedgerows, fences, or walls) that no longer exist or have changed over time. The NPS polygons, on the other hand, are based on current mapping data and may not account for these historical interpretations.
6. Discrepancies in Complex Cases
In cases where boundaries are disputed, unclear, or involve overlapping claims, the Title Deeds may provide more detailed evidence than the NPS polygons. The NPS is not a definitive legal record but rather a useful tool for general reference.
Practical Implications
If there is a significant discrepancy between the NPS polygons and the Title Deeds, it may be necessary to consult a solicitor or surveyor to resolve the issue. In some cases, an application to the Land Registry may be required to update the registered title plan to reflect the correct boundary.
In summary, the differences arise because the NPS polygons are based on modern mapping and are intended for general use, while Title Deeds are legal documents that may contain historical or interpretive descriptions of boundaries. The NPS is not a substitute for the legal precision of Title Deeds, and any disputes or uncertainties should be resolved through professional advice.
Useful references:
National Polygon Service: https://use-land-property-data.service.gov.uk/datasets/nps
Land Registration Act 2002
The General Boundaries Rule (Section 60) is a fundamental principle in land registration in England and Wales. It states that the Land Registry does not guarantee the exact line of boundaries unless an application is made to fix them precisely.