The problem, of course, is that OS maps mark features such as hedges or fences, rather than legal boundaries. Also, the typical 1:2,500 scale means that the features drawn on them may be out by as much as 2.3m, which is far too wide a margin.

This is not a new problem. Recall the blunt words in Scarfe [1981]:

‘If a plan is intended to control the description, an ordnance map on the scale of 1:2500 is worse than useless.’

A useful article in the Gazette points out that the LR has in the past taken the view that if a verbal description of land in a conveyance is inconclusive or inadequate, then the Registry will make reference to a plan even if it is ‘for identification purposes only’ (the logic being that it can be used as a means of determining the party’s intention). The result of this is that roughly drawn plans from old conveyances, which were never intended at the time to indicate exact boundaries, can many years later be used as evidence of intention and so result in incorrect boundaries.

At the same time, do not forget that the 1:2500 scale of Registry filed plans is also too small to deal with many boundary issues (plus, of course, the ‘general boundaries rule’ in r278 means that the exact line of the boundary of a property will be left undetermined by the Registry). The key point is to avoid boundary disputes arising. If there is likely to be any ambiguity whatsoever, then ensure that the description of the property is detailed and accurate, and that any plan is drawn clearly and to a sufficiently large scale (as well as showing precise measurements, and not transient man-made features). See article in [2007] LSG 16 August 23. © Practical Lawyer