Colours on title deeds

devon123

Hi,

Would anyone be able to offer suggestions regarding the colours on my title deeds please?

This is the section of text that relates to colours in my title deeds (but they don't correspond to the actual colours on the image!).

The house was built in 1929 and owned by the same person until I purchased it in 2016. I want to build a ground floor extension out across the full width of the back of the house. Although looking at the above, this doesn't show the small 1980s extension that already exists on my house, or either of my neighbours!

Thanks for any ideas offered!

Text as below:

1 (30.05.1975) The Freehold land shown edged with red on the plan of the above Title filed at the Registry and being XXXXXXXXXXXXXXXXXX).

2 The land has the benefit of the following rights granted by but is subject to the following rights reserved by a Conveyance of the land in this title dated 16 October 1929 made between (1) John Thomas Tucker and (2) Richard Davie Western:-

"TOGETHER ALSO with the right of the user of and free passage and running of water and soil coming or to come from the property hereby conveyed in and through the watercourss and sewers made or to be made upon or under the adjoining properties being Plots Numbered 67 and 68 on the said plan TOGETHER ALSO with the right to pass and repass over the strip of land coloured yellow on the said plan annexed hereto with or without horses carts carriages motor cars and other vehicles from time to time and at all times hereafter and for all purposes EXCEPT and always reserving unto Henry Saunders Leyman and his successors in title owners and occupiers for the time being of the adjoining property being Plot 70 on the said plan a similar right to pass and repass over the strip of land hereby conveyed coloured green on the said plan."

NOTE: The land coloured yellow and green referred to has been tinted brown and tinted blue respectively on the filed plan.

user1977

Can’t really tell from the scan provided but I presume the brown/blue bits correspond with the shared driveway? Nothing seems relevant to building a rear extension.

SDLT_Geek

You image is not clear, but are not the colours there:
the red edging to show the general position of the boundary and
brown and blue tinting referred to in the entries?

devon123

Thanks. Yes there's a shared driveway (too narrow for cars). The orange/brown and black sections are the shared driveway. The largest block inside my red boundary is my garage. The other block is just empty space (and it doesn't look like there was anything there previously). I assume the red line must extend under the black line down the side of my house but obviously it can't be seen and it's not clear where it is at the back of the house.

devon123

SDLT_Geek said:

You image is not clear, but are not the colours there:
the red edging to show the general position of the boundary and
brown and blue tinting referred to in the entries?

All I can see is black and orange! Perhaps the colours just haven't come out very well in the PDF.

devon123

Zoomed in a bit to try to make colours clearer.

SDLT_Geek

It seems likely that the brown tinting sits outside of the land in the title against the boundary (on your plan the lowest bit of colouring) and the blue tinting sits inside the land in the title, against the boundary.

devon123

SDLT_Geek said:

It seems likely that the brown tinting sits outside of the land in the title against the boundary (on your plan the lowest bit of colouring) and the blue tinting sits inside the land in the title, against the boundary.

Yes, that's how I was inclined to interpret it. I want to build out from the rear of the house, right across the full width. It would appear from the image that this would be within the white on the diagram but up against the blue/black line. The extension would go about halfway along the first 'box' (currently a bin store, no permanent structure present). So do you think this would be acceptable? I have also been to see a few neighbours who have had simliar extensions and none of them seemed to look in to this before building theirs.

Yorkie1

For "benefit of the following rights granted by ... " - this will refer to land which is not part of the actual property.


For "... but is subject to the following rights reserved ..." - this will refer to the land which is part of the actual property, and gives other people rights over that land.

devon123

@Land_Registry please could you take a look at this for me? I’ve seen your helpful comments on a thread above. Thanks!

Land_Registry

devon123 said:

Hi,

Would anyone be able to offer suggestions regarding the colours on my title deeds please?

This is the section of text that relates to colours in my title deeds (but they don't correspond to the actual colours on the image!).

The house was built in 1929 and owned by the same person until I purchased it in 2016. I want to build a ground floor extension out across the full width of the back of the house. Although looking at the above, this doesn't show the small 1980s extension that already exists on my house, or either of my neighbours!

Thanks for any ideas offered!

Text as below:

1 (30.05.1975) The Freehold land shown edged with red on the plan of the above Title filed at the Registry and being XXXXXXXXXXXXXXXXXX).

2 The land has the benefit of the following rights granted by but is subject to the following rights reserved by a Conveyance of the land in this title dated 16 October 1929 made between (1) John Thomas Tucker and (2) Richard Davie Western:-

"TOGETHER ALSO with the right of the user of and free passage and running of water and soil coming or to come from the property hereby conveyed in and through the watercourss and sewers made or to be made upon or under the adjoining properties being Plots Numbered 67 and 68 on the said plan TOGETHER ALSO with the right to pass and repass over the strip of land coloured yellow on the said plan annexed hereto with or without horses carts carriages motor cars and other vehicles from time to time and at all times hereafter and for all purposes EXCEPT and always reserving unto Henry Saunders Leyman and his successors in title owners and occupiers for the time being of the adjoining property being Plot 70 on the said plan a similar right to pass and repass over the strip of land hereby conveyed coloured green on the said plan."

NOTE: The land coloured yellow and green referred to has been tinted brown and tinted blue respectively on the filed plan.

It's important to remember the purpose of a title plan and how it is intended to show the general boundaries (red outline). Once mapped (check the ring stamp with for example 7/89 - July 1989 in it) a title plan very rarely changes as the red outline remains as is thereafter.
What's within that red outline can change over time but the general boundaries don't. As a result a title plan won't evolve re new extensions or changes to features on the ground. 
The 'colours' are plans references added to a title plan to match/link with a specific entry on the register itself.
In this example the title has the benefit of certain rights whilst being subject to others as granted by the 1929 Conveyance.
Your title has a right of way over next door's strip of land coloured yellow in the Conveyance and shown as brown on the title plan. And your title is then subject to next door's right over the green on the Conveyance plan which we have shown as blue on the title plan. 
If you are building an extension across the whole width of the house then you need to be mindful of not building over next door's right to pass over the blue land - if in doubt please do seek legal advice