HMLR: Plans and Mapping Alasdair Lewis Director of Legal Services and Deputy Chief Land Registrar President of the European Land Registry Association Opening / title slide

HMLR is the land registry for England and Wales It is a title registry created in 1862 E and W has never had a deeds registry that covers the whole of the country Titles are guaranteed by the state with indemnity being paid in the event of loss caused by a mistake in the register. About 25 million titles Covers about 84% of the landmass Main slides

Comprehensive Registration Percentage of the land mass registered

Titles Each title has a unique Title Number Each title must have a register Each title must also have a Title Plan Titles must be indexed on the Index Map maintained by HMLR  The IM tells you if land is registered and, if so, it's title number E and W has never had a cadastre. The IM is the nearest equivalent.

Maps The Ordnance Survey maintains the large scale topographic map for the UK We prepare Title Plans and the Index Map using that large scale map Our staff interpret the deeds submitted to HMLR to prepare our plans.

Ownership & Extent: Spatial data (Polygons) CH19047

Boundaries A few titles have determined boundaries where the exact position of the boundaries have been established. Most titles are registered with General Boundaries Examples of general boundaries include walls, hedges, hedge and ditch, rivers and roads.

General Boundaries Even with General Boundaries, if HMLR draw the boundary in the wrong position, we might be liable. Courts distinguish between "boundary disputes" and “property disputes" The legal position is not always clear. Included as part of the current Law Commission project reviewing our legislation 

Organisational issues Wrong question – Mapping and Titles: One organisation or two? Right question – How do you arrange things to ensure that people have confidence in the decisions that are made on individual cases?

Creating and maintaining confidence Most public bodies are concerned with the relationship between the state and the citizen Land registries are different – they are concerned with relationships between citizens So like a court, although land registries typically form part of the state, they need to be sufficiently independent from the state to maintain the confidence of those required to use them Proper governance arrangements are a pre-requisite.

ELRA Board Statement on the reorganisation and restructuring of land registries. 1. In every country, the Land Registrars are the experts in their field. We therefore believe that their views should be invited at an early stage in the process.   2. It is good practice that interested parties, including landowners, lenders, notaries and registrars, be consulted before proposals are finalised. 3. Any proposed reorganisation or restructuring should be mindful of the fact that, in order to give legal certainty and maintain the confidence of the market, land registries must perform, and be seen to perform, their functions independently. There must be no actual or perceived political or commercial influence or conflicts of interest. 4. Any proposal to move from a deeds system to a title or cadastral system must ensure the continuity of landowners' existing property rights.

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