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Please note that the granting of a sub-lease by a tenant is not the same as the granting of an assignation for part of the leased subjects by a tenant. If you are unsure if a sub-lease is being granted/created or if the deed is a form of assignation, please speak with your referral officer.
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What type of application is created?
- If the original lease is a registered lease, an application to register a full assignation will be processed as a DW application.
- If the original lease is a registered lease, an application to register a partial assignation will be processed as a TP application from the existing lease title sheet, and an application will also be required over the title sheet for the plot of land (if registered) to update the Schedule of Leases.
- If the original lease is a registered lease and the underlying plot of land (the ownership, or landlord's, title) is unregistered, the registration of a full or partial assignation of the registered lease does not trigger APR.
- If the original lease is a recorded lease (i.e. it is still in the Sasine Register), an application to register a full or partial assignation of the recorded lease should be processed following the How to Map a Lease of Whole or How to Map a Lease of Part procedures as this will be the first time the tenant's interest is registered in the land register. APR may be necessary if the underlying plot of land is unregistered.
Key points for plans settlers
There are 4 main scenarios for plans settling an application to register a partial assignation of a registered lease:
Existing lease title sheet | Plot of land under the original leased area | Follow guidance in ... |
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2012 Act style | Registered in the 2012 Act style | Scenario 1 |
1979 Act style | Unregistered | Scenario 2 |
1979 Act style | Registered in the 2012 Act style | Scenario 3 |
1979 Act style | Registered in the 1979 Act style | Scenario 4 |
Scenario 1
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Actions required regarding the Lease Title Sheets 1 Consider whether the existing lease title sheet would benefit from being updated to the most recent, simplified style of mapping leases (introduced Spring 2022).
2 In the TP application (non-tenement):
3 In the TP application (tenement):
4 In the parent title (the original lease) application, map the removal of the part of the lease that is being assigned
5 In the TP application in the LRS, the property section header information should be completed in the normal manner for the type of property.
6 In the TP application in the LRS, the property description should be completed in the appropriate manner for the type of property being leased.
7 In the TP application, the LRS notes should be completed in the normal manner for the type of property.
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Actions required regarding the Landlord's Title Sheet 1 No amendments are required to the plans references used for the lease that is being partially assigned.
2 Add a title note to the LRS advising the legal settler of the lease number (yellow out) or entry number in the existing Schedule of Leases that is affected by the partial assignation. 3 As the landlord's title sheet is already in the 2012 Act-style, there should be no requirement for any updating. |
Scenario 2
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Actions required regarding the Lease Title Sheets 1 As no title sheet or cadastral unit exists for the landlord's title to the plot of land, the original registered lease title cannot be updated to 2012 Act-compliance, nor can the new TP lease title be set up in a full 2012 Act-style.
2 In the TP application, map the extent of the part of the lease that is being assigned on the primary ungrouped layer of the cadastral map.
3 In the parent title (the original lease) application, map the removal of the part of the lease that is being assigned
4 In the TP application in the LRS, the property section header information should be completed in the normal manner for the type of property.
5 In the TP application in the LRS, the property description should be completed in a similar manner to the parent title (original lease) title sheet.
6 In the TP application, the LRS notes should be completed in the normal manner for the type of property.
7 If an LRS application is available for the parent title (original lease), amend the entry in the Real Right field to show Tenancy.
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Actions required regarding the Landlord's Title Sheet
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Scenario 3
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Actions required regarding the Lease Title Sheets 1 In the TP application (non-tenement):
2 In the TP application (tenement):
3 In the parent title (the original lease) application, map the removal of the part of the lease that is being assigned
4 In the TP application in the LRS, the property section header information should be completed in the normal manner for the type of property.
5 In the TP application in the LRS, the property description should be completed in the appropriate manner for the type of property being leased.
6 In the TP application, the LRS notes should be completed in the normal manner for the type of property.
7 If an LRS application is available for the parent title (original lease), amend the entry in the Real Right field to show Tenancy.
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Actions required regarding the Landlord's Title Sheet 1 No amendments are required to the plans references used for the lease that is being partially assigned.
2 Add a title note to the LRS advising the legal settler of the lease number (yellow out) or entry number in the existing Schedule of Leases that is affected by the partial assignation. 3 As the landlord's title sheet is already in the 2012 Act-style, there should be no requirement for any updating. |
Scenario 4
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Actions required regarding the Lease Title Sheets 1 In the TP application (non-tenement):
2 In the TP application (tenement):
3 In the parent title (the original lease) application, map the removal of the part of the lease that is being assigned
4 In the TP application in the LRS, the property section header information should be completed in the normal manner for the type of property.
5 In the TP application in the LRS, the property description should be completed in the appropriate manner for the type of property being leased.
6 In the TP application, the LRS notes should be completed in the normal manner for the type of property.
7 If an LRS application is available for the parent title (original lease), amend the entry in the Real Right field to show Tenancy.
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Actions required regarding the Landlord's Title Sheet 1 The 1979 Act title sheet for the landlord's ownership title must be updated to the 2012 Act style referring to a cadastral unit for the plot of land.
2 The extent of the subjects in the original lease is not being changed by the partial assignation, so the existing reference for the extent of the original lease should be retained on the mapping of the landlord's title. Instead, the Schedule of Leases will be update by the legal settler to show that the original lease is now registered under two (or more) titles.
3 Update the property section header information in the title sheet for the landlord's ownership title.
4 Update the property description in the property section of the title sheet for the landlord's ownership title.
5 Add a title note to the LRS advising the legal settler of the changes that have been made to the style of the title sheet, and requesting that any 1979 Act terminology in the other sections of the title sheet be updated appropriately. 6 Add a title note to the LRS advising the legal settler of the lease number (yellow out) or entry number in the existing Schedule of Leases that is affected by the partial assignation. |