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General

Sections 24 and 25 of the 2012 Act make provision for first registration of a plot of land where the deed being registered relates to a right in that land that isn't a right of ownership. The key examples, effective from the designated day of 8 December 2014, are

  • a grant of a long lease or long sub-lease; or
  • the assignation of an unregistered long lease or unregistered long sublease.



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titleUseful links

How to map a lease of whole

How to map a lease of part

How to map a lease of part in a tenement

/wiki/spaces/ATTIC/pages/68682103



Automatic Plot Registration, or APR, is the phrase used within RoS to describe the process where an application to register a deed such as a lease also induces first registration of the underlying plot of land (the landlord's title). The landlord's consent is not required for registration to occur; rather the provisions of the 2012 Act place the Keeper under a duty to register the plot of land (to the same extent as the subjects of the lease) when processing an application relating to a transaction with the rights of the tenant. The Keeper will create a new cadastral unit for the plot of land and a new title sheet for the landlord's title to that plot of land, and this will be subject to the lease being registered.

Where the landlord's title to the plot of land is already registered, there is no requirement for APR when a lease affecting all or part of that registered plot of land is submitted for registration. In those cases, however, there may be a requirement to update the landlord's registered title to make it 2012 Act compliant before the registration of the lease can be completed.



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titleMapping an APR application (non tenement) - key points for plans settlers
  1. The APR application should be travelling with the FR application for the lease (or assignation of lease).
    • If no APR application accompanies the FR for the lease, check if there is an APR application form for the lease scanned as a supporting document on the CMS that may have been accidentally missed at intake stage - if there is a form, refer to a referral officer to consider;
      • If there is no APR application form on the CMS, and a search of the index map shows the landlord's title to the plot of land is already registered, APR is not required. Instead, the lease application should be handled as a TP application rather than an FR. Refer the lease application to a referral officer to consider if rejection/recreation of the application is appropriate.
      • If there is no APR application form on the CMS, and a search of the index map shows the landlord's title to the plot of land is not already registered, APR is required. Refer the lease application to a referral officer to consider for rejection.

  2. An APR application is effectively a type of FR application and should be plans settled in the normal way following the either the FR Plans - RA or FR Plans - non-RA User Guides. The APR application should be settled before the FR application for the lease.

  3. Before closing and approving the APR application on the Plan Creator, the subjects in the lease may need to be referenced on it:
    • If the lease affects the whole cadastral unit that has been mapped in the APR application (the whole of the landlord's title), then no separate plans reference will be required. 
    • If the lease affects only part of the cadastral unit that has been mapped in the APR application (part of the landlord's title), then the extent of the leased subjects should be edged and numbered in yellow. See Further Guidance page /wiki/spaces/2ARM/pages/93945916How to map a lease of part for more detail.
    • No other plans references are to be provided from any plans annexed to the lease; the only references to be shown relate to the extent of the leased subjects (exclusively leased or leased in common). Instead, the lease document itself (including any deed plans) will form part of the archive record and will be incorporated in the lease title sheet by reference to that deed.

  4. The LRS title notes should be completed in the normal manner - See Further Guidance on completing the LRS Title Notes.

    • An additional title note must be added stating that either the whole or part of these subjects have been leased, and advising the colour and number reference that has been used (if any) to represent the leased subjects.
    • If the landlord's title sheet already includes a schedule of leases, a title note should be added to the LRS asking the legal settler to add the lease to that schedule.
    • If the landlord's title sheet does not already include a schedule of leases, a title note should be added to the LRS asking the legal settler to add a schedule to the title sheet.

  5. Irrespective of whether the landlord's title to the plot of land was previously registered, or whether it has been created through APR, the subjects in the lease title will be mapped in the same way.
    • For instructions on how to map a lease of the whole of the cadastral unit for the plot of land (a lease of whole), see Further Guidance page How to map a lease of whole.
    • For instructions on how to map a lease of only part of the cadastral unit for the plot of land (a lease of part), Further Guidance page How to map a lease of part.
    • For instructions on how to map a sub-lease of whole or part, see Further Guidance page How to map a sub-lease.




Panel
titleMapping an APR application (tenement) - key points for plans settlers
  1. The APR application should be travelling with the FR application for the lease (or assignation of lease).
    • If no APR application accompanies the FR for the lease, check if there is an APR application form for the lease scanned as a supporting document on the CMS that may have been accidentally missed at intake stage - if there is a form, refer to a referral officer to consider;
      • If there is no APR application form on the CMS, and a search of the index map shows the landlord's title to the plot of land is already registered, APR is not required. Instead, the lease application should be handled as a TP application rather than an FR. Refer the lease application to a referral officer to consider if rejection/recreation of the application is appropriate.
      • If there is no APR application form on the CMS, and a search of the index map shows the landlord's title to the plot of land is not already registered, APR is required. Refer the lease application to a referral officer to consider for rejection.

  2. An APR application is effectively a type of FR application and should be plans settled in the normal way for a tenement property following the either the FR Plans - RA or FR Plans - non-RA Tenement User Guides. (The exception to this rule is when the landlord owns the whole tenement, not just a part of it - see separate guidance section, below, for this scenario). The APR application should be settled before the FR application for the lease.

  3. As the leased subjects form part of a tenement steading cadastral unit, no separate plans reference will be required to show the lease on the landlord's (APR) title. Instead, a verbal entry will be provided in the Schedule of Leases (this practice is in line with the existing practice of a verbal entry in a Schedule of Removals and not showing green out references for TP removals within a tenement steading cadastral unit). 
    • No other plans references are to be provided from any plans annexed to the lease; the only references to be described relate to the extent of the leased subjects (exclusively leased or leased in common). Instead, the lease itself (including any deed plans) will form part of the archive record and will be incorporated in the lease title sheet by reference to that deed.

  4. The LRS title notes should be completed in the normal manner - See Further Guidance on completing the LRS Title Notes.

    • An additional title note must be added stating that either the whole or part of the APR subjects have been leased.
    • If the lease affects only part of the landlord's title that has been mapped in the APR application, the title note should state which flat(s) or unit(s) are leased from the subjects.
    • If the landlord's title sheet already includes a schedule of leases, a title note should be added to the LRS asking the legal settler to add the lease to that schedule.
    • If the landlord's title sheet does not already include a schedule of leases, a title note should be added to the LRS asking the legal settler to add a schedule to the title sheet.

  5. Irrespective of whether the landlord's title to the flat or unit within a tenement steading cadastral unit was previously registered, or whether it has been created through APR, the subjects in the lease title will be mapped in the same way.
    • For instructions on how to map a lease of the whole of the tenement steading cadastral unit, see Further Guidance page How to map a lease of whole.
    • For instructions on how to map a lease of only part of the the tenement steading cadastral unit (within which the landlord's interest to a flat or unit lies), see Further Guidance page How to map a lease of part (tenement).
    • For instructions on how to map a sub-lease of whole or part, see Further Guidance page How to map a sub-lease.



APR extent within tenement or other sub-divided properties

There are two main scenarios for the extent of the APR property connected with leases within tenement properties:

Expand
titleScenario 1. The landlord is the owner of only part of the tenement property

Scenario 1. The landlord is the owner of only part of the tenement or other sub-divided property (for example, one landlord owns the two ground floor office units within a tenement property but the other flats or units within the tenement are owned by other parties).

When the leased subjects form part of a tenement property, and the landlord owns only part of the tenement, it is only the landlord's title to the leased part of the tenement that is subject to APR - for example, if the lease is for a 1st floor office within a tenement, APR applies to the 1st floor office rather than the whole tenement (which is owned by the landlord & others).

As with any other type of property within a tenement steading, the leased subjects to which APR applies may be described by reference to a plan or with a verbal description, provided it is an acceptable description of the flatted property/unit.  If a tenement steading cadastral unit already exists for the tenement, the APR title will be described as forming part of that existing tenement steading cadastral unit. If, however, no tenement steading cadastral unit yet exists for the tenement, this will need to be established during the plans settle of the APR application. See Further Guidance section Mapping Tenement Properties for guidance on Identifying the Tenement Steading Extent, Creating a New Tenement Steading Cadastral Unit, etc.


Expand
titleScenario 2. The landlord is the owner of the whole tenement property

Scenario 2. The landlord is the owner of the whole tenement or other sub-divided property (for example, one landlord owns the whole of a multi-level shopping centre within which shop units are leased).

This second scenario is much less common, so if you are unsure how to proceed with one like this, please speak with a referral officer or senior plans advisor first.

When the leased subjects form part of an unregistered tenement property, and the landlord owns the whole building, it is only the landlord's title to that part of the solum of the building underlying the leased unit that is subject to APR.

For example, see the illustration (right).

  • The building comprises a light industrial complex with units on the ground floor and offices on the first & second floors, above. The whole building has a single owner who leases out units & offices within the building.
  • The subjects being leased are a ground floor unit within the building, known as Unit 8.
  • The plot that will be registered using APR is not the landlord's whole title to the building, nor is it just the landlord's title to the unit on the ground floor - instead, the APR application will be for that part of the solum underlying the unit being leased. So, what is being registered in the APR application is effectively a column (the solum, with everything above & below) forming part of the larger building.
  • The cadastral unit is edged red on the cadastral map, and the landlord's title will be described in the property description as "Subjects cadastral unit xxx at [address of whole building] edged red on the cadastral map". A Schedule of Leases will be included listing the verbal details of the leases that affect the cadastral unit (in this example, the lease of ground floor Unit 8).
  • The leased subjects form part of the cadastral unit registered in the APR application (they are only the ground floor unit, whereas the APR title is to all floors of that part of the building). So, the cadastral unit will be mapped as the red edge (right), and the tenant's interest in the leased subjects will be described in the property description of the lease title sheet as "Subjects part of cadastral unit xxx at [address of whole building] edged red on the cadastral map being the ground floor unit [address for Unit 8]..."

  • As additional leases are registered and further parts of the landlord's title are brought into the land register by APR, the sections of the building can be combined into a single, larger cadastral unit (this can be single or multiple polygons as the "jigsaw" is built up) but only if requested by the agent or applicant - this can be done by amalgamating the new APR title into the existing APR title. If the agent or applicant does not request they be combined, then each section should be registered as a separate title and cadastral unit.




Pro indiviso shares

If the lease affects a plot of land that is already registered in the land register but only to the extent of some pro indiviso shares or rights in common, with the remaining shares in ownership still in the sasine register, the applications should be referred to the Registration Practice Team to be considered by a Senior Advisor.


Servitudes

If the applicant discloses in the application form that the APR subjects benefit from a servitude, then the Keeper's policy is to reflect this on the cadastral map and in the title sheet for the APR subjects. This should be done regardless of how remote the servitude is from the APR subjects, or how seemingly incompatible it appears with the use of the APR subjects.