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Variation of the extent of a recorded lease
If the lease is a recorded lease (i.e. still in the Sasine Register), an application to register a minute of variation/extension of the recorded lease triggers registration in the land register of the whole leased subjects (original + additional extent) so should be processed following the How to Map a Lease of Whole or How to Map a Lease of Part guides.
Landlord's title and APR
If the landlord's title for ownership of all or part of the underlying plot of land is unregistered (in other words, all or part of the ownership interest is still in the Sasine register), the registration of a minute of variation that extends the physical extent of a lease triggers Automatic Plot Registration (APR).
- APR is triggered for any unregistered part of the plot of land underlying the full extent of the lease (original area plus extension).
Key points for plans settlers
There are 6 main scenarios for plans settling an application to register the extension of a registered lease:
Existing lease title sheet | Plot of land under original leased area | Plot of land under extension | Follow guidance in ... |
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2012 Act style | Registered in the 2012 Act style | Registered in the 2012 Act style | Scenario 1 |
2012 Act style | Registered in the 2012 Act style | Registered in the 1979 Act style | Scenario 2 |
2012 Act style | Registered in the 2012 Act style | Unregistered | Scenario 3 |
1979 Act style | Registered in the 2012 Act style | Registered in the 2012 Act style | Scenario 4 |
1979 Act style | Registered in the 1979 Act style | Registered in the 1979 Act style | Scenario 5 |
1979 Act style | All or part of the plot of land (original leased area and extension) is unregistered. | Scenario 6 |
Scenario 1
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Actions required regarding the Lease Title Sheet1 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 lease application, expand the mapping of the leased subjects to reflect the minute of variation:
3 If it is a sub-lease that is being extended:
4 If it is a sub-lease that is being extended, and the head lease is already registered:
5 In the Lease application on the LRS:
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Actions required regarding the Landlord's Title Sheet(s)
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Scenario 2
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Actions required regarding the Lease Title Sheet1 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 lease application, expand the mapping of the leased subjects to reflect the minute of variation:
3 If it is a sub-lease that is being extended:
4 If it is a sub-lease that is being extended, and the head lease is already registered:
5 In the Lease application on the LRS:
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Actions required regarding the Landlord's Title SheetsA. 2012 Act title for plot of land under the original lease extent:
B. 1979 Act title for plot of land under the extension to the lease: 1 In the Plan Creator, make the necessary amendments to reflect the extent of the varied lease.
2 Update the 1979 Act style title sheet for the plot of land to bring it into the 2012 Act style - see the Further Guidance page Updating existing title sheets for details of the updates that are required. 3 If it is a sub-lease that is being extended, there is no requirement to fully update/revise an existing 1979 Act-style head lease title sheet - the only updates required are listed in Further Guidance page Updating existing title sheets. 4 Add a title note to the LRS advising the legal settler of any changes or additions to the plans references or lease numbers (yellow outs) so that they can make the necessary changes to any existing Schedule of Leases.
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Scenario 3
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Actions required regarding the Lease Title Sheet1 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 lease application, expand the mapping of the leased subjects to reflect the minute of variation:
3 If it is a sub-lease that is being extended:
4 If it is a sub-lease that is being extended, and the head lease is already registered:
5 In the Lease application on the LRS:
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Actions required regarding the Landlord's Title SheetsA. 2012 Act title for plot of land under the original lease extent:
B. Unregistered plot of land under the extension to the lease: 1 The unregistered plot of land under the extension of the lease triggers Automatic Plot Registration (APR) of that area of ground. Follow the guidance on Automatic Plot Registration - Plans Guidance when registering an APR application.
2 As the extended lease will be a lease of whole of the APR plot (if amalgamation has not been carried out), there will be no need to provide a duplicate plans reference for the lease. Instead the legal settler will include the Lease and the Variation in the Schedule of Leases in the title sheet. 3 In the LRS, add a title note advising the legal settler of the effect of the varied lease on the title. 4 The property section description will be completed in the normal manner for the style of property - see the Further Guidance page Property Section Styles in the Title Sheet for more details. 5 If it is a sub-lease that is being extended, there is no requirement to fully update/revise an existing 1979 Act-style head lease title sheet - the only updates required are listed in Further Guidance page Updating existing title sheets. |
Scenario 4
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Actions required regarding the Lease Title Sheet1 The existing 1979 Act lease title sheet and Title Plan will need to be updated bring it into the 2012 Act style - see the Further Guidance page Updating existing title sheets for details of the updates that are required. In addition, as the title was originally mapped in the DMS, further updates will be needed to allow it to be handled in the Plan Creator - see Further Guidance page Updating Existing DMS Titles in Plan Creator for full details.
2 In the lease application, expand the mapping of the leased subjects to reflect the minute of variation:
3 If it is a sub-lease that is being extended:
4 If it is a sub-lease that is being extended, and the head lease is already registered:
5 In the Lease application on the LRS:
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Actions required regarding the Landlord's Title Sheet(s)
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Scenario 5
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Actions required regarding the Lease Title Sheet1 The existing 1979 Act lease title sheet and Title Plan will need to be updated bring it into the 2012 Act style - see the Further Guidance page Updating existing title sheets for details of the updates that are required. In addition, as the title was originally mapped in the DMS, further updates will be needed to allow it to be handled in the Plan Creator - see Further Guidance page Updating Existing DMS Titles in Plan Creator for full details.
2 In the lease application, expand the mapping of the leased subjects to reflect the minute of variation:
3 If it is a sub-lease that is being extended:
4 If it is a sub-lease that is being extended, and the head lease is already registered:
5 In the Lease application on the LRS:
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Actions required regarding the Landlord's Title Sheet(s)1979 Act title(s) for plot(s) of land under the original lease extent & under the extension to the lease: 1 In the Plan Creator, make the necessary amendments to reflect the extent of the varied lease.
2 Update the 1979 Act style title sheet(s) for the plot(s) of land to bring it(them) into the 2012 Act style - see the Further Guidance page Updating existing title sheets for details of the updates that are required. 3 If it is a sub-lease that is being extended, there is no requirement to fully update/revise an existing 1979 Act-style head lease title sheet - the only updates required are listed in Further Guidance page Updating existing title sheets. 4 Add a title note to the LRS advising the legal settler of any changes or additions to the plans references or lease numbers (yellow outs) so that they can make the necessary changes to any existing Schedule of Leases.
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Scenario 6
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Actions required regarding the Lease Title Sheet1 The existing 1979 Act lease title sheet and Title Plan will need to be updated bring it into the 2012 Act style - see the Further Guidance page Updating existing title sheets for details of the updates that are required. In addition, as the title was originally mapped in the DMS, further updates will be needed to allow it to be handled in the Plan Creator - see Further Guidance page Updating Existing DMS Titles in Plan Creator for full details.
2 In the lease application, expand the mapping of the leased subjects to reflect the minute of variation:
3 If it is a sub-lease that is being extended:
4 If it is a sub-lease that is being extended, and the head lease is already registered:
5 In the Lease application on the LRS:
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Actions required regarding the Landlord's Title Sheet(s)Any unregistered plot of land under the original lease or under the extension to the lease: 1 The registration of the Variation of the lease triggers Automatic Plot Registration (APR) of any unregistered part of the plot of ground under the full extent of the extended lease (original extent and extension). Follow the guidance on Automatic Plot Registration - Plans Guidance when registering an APR application.
2 As the extended lease will be a lease of whole of the APR plot (if amalgamation has not been carried out), there will be no need to provide a duplicate plans reference for the lease. Instead the legal settler will include the Lease and the Variation in the Schedule of Leases in the title sheet. 3 In the LRS, add a title note advising the legal settler of the effect of the varied lease on the title. 4 The property section description will be completed in the normal manner for the style of property - see the Further Guidance page Property Section Styles in the Title Sheet for more details. 5 If it is a sub-lease that is being extended, there is no requirement to fully update/revise an existing 1979 Act-style head lease title sheet - the only updates required are listed in Further Guidance page Updating existing title sheets. Any 1979 Act title(s) for plot(s) of land under the original lease extent & under the extension to the lease: 1 In the Plan Creator, make the necessary amendments to reflect the extent of the varied lease.
2 Update the 1979 Act style title sheet(s) for the plot(s) of land to bring it (them) into the 2012 Act style - see the Further Guidance page Updating existing title sheets for details of the updates that are required. 3 If it is a sub-lease that is being extended, there is no requirement to fully update/revise an existing 1979 Act-style head lease title sheet - the only updates required are listed in Further Guidance page Updating existing title sheets. 4 Add a title note to the LRS advising the legal settler of any changes or additions to the plans references or lease numbers (yellow outs) so that they can make the necessary changes to any existing Schedule of Leases.
Any 2012 Act title(s) for plot(s) of land under the original lease extent & under the extension to the lease: 1 In the Plan Creator, no change should be required other than to expand the reference for the existing lease if the extension area affects the registered title. 2 As the landlord's title sheet for this plot of land is already in the 2012 Act-style, there should be no requirement for any updating. 3 No additional info should need to be added to the LRS title notes for this plot of land unless you have had to alter an existing reference in which case you should add a note to the legal settler advising them of the amendment. |