Risk management

Maps, plans and boundariesProblems with maps, plans and boundaries still give rise to a steady number of claims.

Here is some guidance.When should they be used? l Acting for seller.

A straightforward transaction may not require a plan.

Give thought to the point and then make a decision.

Get clear instructions from the client.

Ask 'what are you selling?'l Acting for buyer.

Many transactions relate to registered land so a plan is readily available.

But this is not always the case.

Best practice would suggest that a plan is always obtained when acting in a purchase to ensure that there is no misunderstanding.l Searches.

Some searches require a plan to be submitted.

Check Land Registry requirements in its practice advice leaflet.

Save yourself the time and hassle of searches being returned with requests for a plan.

It always seems to happen on a file where a quick completion has been agreed.l Leases.

There should always be a plan available and annexed to both lease and counterpart, clearly identifying the extent of the demise and other matters, such as rights of way.l Sales of part.

Again plans should be used without exception in such transactions.Client approvall Is the plan accurate? Ask the client to check the plan.

Bring any unusual features to the client's attention and ask for further information if appropriate.l Get the client to sign the plan as evidence that it has been seen and checked by the client and that it is correct.l Inspection of property.

On the face of it there is no obligation on a solicitor to inspect the property personally.

Make sure the client is aware of this.

Refer to it in your retainer letter and define your duties with regard to plans and inspection.Get it rightl Do not prepare plans yourself unless you are qualified to do so.

(Being a 'bit of an artist' is not sufficient).

Advise the client to use a surveyor, even if this means additional cost.

You should not assume the risk.l Beware of photocopying.

This is liable to distort plans and can be responsible for serious inaccuracies.

A plan which is a fraction out may result in several feet missing on site.l A constant criticism is the poor quality of a plan.

Remember, if a plan is being used it may be referred to in court.

Will it stand up to close scrutiny?l If you colour plans, be careful.

It may be therapeutic but it also requires considerable care and attention to detail.

If you are copying a plan, make sure the colours match the original and that the extent of the colouring is correct.

Leaving the colouring an inch short of a boundary can have serious implications.Study the planl Watch out for clues on the plan that may identify matters that require further investigation.l This column was prepared by the St.

Paul risk management team.