|
The contract or transfer may refer to a plan as being ‘for identification purposes only’ or say that the property is ‘more particularly delineated on the plan’.
These two phrases are mutually exclusive and a combination of the two makes no sense:
- 'identification purposes only': if there is a discrepancy between
the land shown on the plan and the contract description, with the plan being
described as being for 'identification purposes only', then the contract description
will prevail over the plan. However, the court can refer to the plan to define
the boundaries if the contract description is unclear. But bear in mind that
plans described as 'for identification purposes only' are not satisfactory
for land registration purposes;
- 'more particularly delineated': if there is a discrepancy between
the description in the contract and the plan, the plan will prevail over the
contract where the words 'more particularly delineated' are used. But, that
phrase should not be used unless the plan is to scale.
Sometimes, of course, you get a plan included in the contract or transfer that is not actually referred to by either of the above phrases. In that situation, the plan can be looked at in order to identify the land only if the written description in the contract or transfer (or other available evidence such as other title deeds) is unclear. Source: Law Society’s Conveyancing Handbook (10th edition; £64.95).
|
|
April 2004 |