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The process steps below are intended to provide guidance for the most common scenarios. If you encounter a scenario for which there is no guidance, refer the application. |
Process Steps
Additional Information
Prepare for mapping
1.1 Select the next available KIR application from the timings spreadsheet.
1.1.1 Add your initials to the plans officer column to show that the application is in work.
1.1.2 If the RA contains tenement blocks where the addresses of previously conveyed properties cannot be matched to UPRN addresses, separate KIR titles will have been created for those tenement blocks (assuming the council retain ownership of the remainder of the tenement). Where possible the KIR titles relating to the same RA should be dealt with at the same time.
1.2 Take on the application at plans settle on the LRS. The case is automatically added to the /wiki/spaces/2ARM/pages/64455073
1.3 Open the DMS select list and select the KR application.
/wiki/spaces/2ARM/pages/64455178 will be necessary for KR applications.
1.4 Manual PI the subjects using one of the addresses narrated in the address list to ident the approximate position of the KIR subjects. The DMS will open at the approximate area.
1.5 Identify the position of the KIR subjects on DMS.
1.6 From the Index Map search Indexes to view the RA. Click on the /wiki/spaces/2ARM/pages/64455283 button and left click on the correct position to drop the seed point onto the RA seed point.
- If the RA marker is outwith the extent of the subjects to be registered move the seed point somewhere within the KIR subjects.
1.7 Click on the Pan button and then on the seed point to centre the seed point on the screen.
1.8 Click on the Set button, Save the application.
1.9 If any application relating to another title is travelling with the KR application then open the KR application on the LRS and complete the move note details in the application workdesk. Click on Details at the Move Note field and enter the details of the other application.
1.9.1 Add any notes and instructions to the application workdesk if necessary.
1.9.2 Click on Apply.
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Search the Index Map
1.10 Complete an index map search on the DMS using the /wiki/spaces/2ARM/pages/64455340.
1.11 View the RA extent on the DMS Index layer and all references affecting the RA. This will include a search of the title layer, secondary layer, and supplementary data, where applicable. See Index Entry Types.
1.12 Identify references disclosed and ascertain what each reference is for, e.g. different routes of titles, common areas, servitudes, burdens deeds, TPOs, CILs, pends, leases, etc.
1.13 Consider how each reference identified above will affect the KIR title, whether it will be required and how it will be referenced on the cadastral map for the KIR title.
Examples:
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There are several ways to ascertain whether a servitude created in a breakaway deed was created before or after 28 November 2004, and consequently whether or not it should be included in a KIR title sheet and referenced on the cadastral map: The document "title number cut off pre-appointed day" in the public folder (O:\LR Completion\Public\Public sector KIR) provides the title number of the last property to be registered prior to 28 November 2004.
Alternatively the breakaway deed can be examined in the Universal Webviewer Plan Viewer to check the registration / recording date, or the title can be examined in the archive to see if it was dual recorded. |
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The level of ownership retained by the council must be determined for each common area within the RA.
Examples: Together with a pro indiviso right in common with 10, 12 and 14 Main Street, aforesaid to the path tinted xxx. In this example, as the term "pro indiviso" has been used and enough information has been provided to calculate what the share is, the interest/right conveyed should be treated as a "pro indiviso share" and not a "right in common". Together with a pro indiviso right in common to the path tinted xxx. Together with a pro indiviso right in common with the proprietors served by same in and to to the path tinted xxx. In these examples, although the term "pro indiviso" has been used not enough information has been provided to calculate what the share is; the interest/right conveyed should therefore be treated as a "right in common".
If the council retain ownership of a pro indiviso share of / right in common to a common area then consideration should be given to whether the common areas can be mapped under transitional provisions, whether they have been mapped as pertinents of the primary plots or whether shared plots need to be created or added to.
Where either transitional provisions have been applied, or the area has been mapped as a pertinent rather than as a shared plot, then all common areas with the same level of ownership retained by the council can be given the same plans reference. e.g. all paths which they have retained a 1/2 pro indiviso share in could be tinted yellow, all paths which they have retained a 1/3 pro indiviso share in could be tinted blue etc. If there are multiple common areas with different levels of ownership then tints and label references will be required to reference / differentiate them - see Figure 1. Sometimes the council will have disponed rights in common to a path, at other times they will have disponed pro indiviso shares to the same path. Where the conveyancing is inconsistent like this, the path requires to be specifically identified on the cadastral map and a separate note restricting ownership included in the property section. This is because a standard reference / property section note will not reflect the position accurately. At other times the council may have only granted servitude rights over the path – if servitudes rights have been granted over the path see Servitudes guidance above. If the extent of a common area in a sasine title cannot be identified from the monochrome sasine deed plan, or interpreted from other common areas in the vicinity then the application should be referred. If an existing title sheet includes a common area that has not been shown on the cadastral map but is described by reference to a future uncertain event or the description of the common area is so vague that the area is unidentifiable / unmappable, then that area can be included in the KIR title. If the breakaway deed for an unregistered plot purports to transfer a common area that is described by reference to a future uncertain event or the description of the common area is so vague that the area is unidentifiable / unmappable, then that area can be included in the KIR title. Figure 1 In this example, the council conveyed rights in common to each of the paths tinted yellow, so they can all be tinted yellow on the cadastral map. The areas tinted red and numbered 1 in blue are areas where they conveyed a 1/5 pro indiviso share, the area tinted red and numbered 2 in blue is an area where they conveyed a 1/9 pro indiviso share, the area tinted red and numbered 15 in blue is an area where they conveyed a 3/5 pro indiviso share. |
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There are various ways that the councils will have conveyed properties which are adjacent to pends and the buildings above the pends. Some of the most common examples are: Common pend:
Exclusive ownership of pend:
Each registered or recorded title that includes a share of a pend will need to be examined to ascertain what level of ownership the council has in the pend and building above. Any properties which adjoin the RA whose titles are still in the Sasine Register and whose titles may include ownership of a pend and / or building above (or parts thereof) will also need to be examined to ascertain what property the council retains. Guidance on pends and the various scenarios affecting them is available under Pends. . |
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In order to keep the KIR title as simple as possible, where title to the adjoining subjects was either registered under the 1979 Act provisions, or is still in sasines (and transitional provisions can be applied to the KIR title), all pends should be given the same reference on the cadastral map if possible. A restrictive note must be added to the property section where the KIR title does not include the whole of the pend / building above the pend. The levels of ownership of the building above the pend and the pend itself, whether a right in common or pro indiviso share, will determine what references are provided on the cadastral map - see Figure 2. Figure 2 In this example, the property 158 Glen Avenue was disponed with a right in common to the path and pend, but none of the building above the pend, so the whole of the path / pend / building above the pend could be tinted yellow on the cadastral map to reference the right in common. A restrictive note will be added to the KIR title sheet to show that the right in common is excepted from the KIR cadastral unit. For example; Rights in common to the paths and pends tinted yellow on the cadastral map are excepted from this cadastral unit. (Legal will add this note; plans will advise the level of ownership and references). The property No. 18 was disponed with the building above the pend and a right in common to the path and pend, so references are required for both the building above the pend (mauve tint) and the right in common to the path and pend (yellow and mauve tints). Restrictive notes will be added to the KIR title sheet to show that the building above the pend and the right in common are excluded from the KIR cadastral unit. For example; The parts of the buildings above the pends tinted mauve on the cadastral map do not form part of this cadastral unit, Rights in common to the paths and pends tinted yellow and mauve on the cadastral map are excepted from this cadastral unit. (Plans will add the pend note, legal will add the common area note). |
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If the adjoining property was conveyed a pro indiviso share or common right to the pend, and that property was registered under the 2012 Act (and transitional provisions were not applied), then the pend itself will have been included in a shared plot title sheet. The shared plot title sheet will have a restrictive note in the property section about the parts of the building above the pend being excluded from that cadastral unit. If the KIR title includes any shares in the pend, the KIR title will become a sharing plot. In these circumstances an 'Add Share' application will be required. Guidance on adding to a shared plot title sheet is available here. If the pend is common to only that adjoining property and the property included in the KIR title, the KIR title will become the final sharing plot for that shared plot. |
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Where the adjoining property has been conveyed by the council and includes part or all of the building above the pend, but not the pend itself, then a reference will be required for that part of the building above the pend that is excepted from the KIR title. A restrictive note must be added to the property section where the KIR title does not include the whole / part of the building above the pend. For example, The parts of the buildings above the pends tinted mauve on the cadastral map do not form part of this cadastral unit. Similarly, where the adjoining property has been conveyed by the council and includes part or all of the pend, but not the building above the pend, then a reference will be required for that part of the pend that is excepted from the KIR title. A restrictive note must be added to the property section where the KIR title does not include the whole / part of the pend. For example, The parts of pends tinted mauve on the cadastral map do not form part of this cadastral unit. |
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A common example of this is where Property A includes a room on the ground floor and Property B includes a room on the first floor immediately above that pertaining to Property A. In most cases, but not all, the solum of the rooms will be owned in common between Property A and Property B. The roof / roof space above the rooms may also be owned in common. Where the adjoining property has been conveyed by the council and includes a room on only one floor level in part of the building, eg ground floor room only, then a reference will be required for that part of the building that is excepted from the KIR title. In order to keep the KIR title as simple as possible (and transitional provisions can be applied to the KIR title) all rooms on the same floor should be given the same reference on the cadastral map, if possible. For example all ground floor rooms excepted from the KIR title could be edged brown on the cadastral map. A restrictive note must be added to the property section where the KIR title does not include the whole of the building. For example, The parts of the buildings at ground floor level edged brown on the cadastral map do not form part of this cadastral unit. The level of ownership in the solum(s) and / or roof / roof space(s) should be identified. If pro indiviso shares or rights in common to the solum(s) etc have been conveyed details should be provided to the legal settler. Restrictive notes in respect of any common areas / parts will be added to the KIR title sheet by the legal settler. The levels of ownership of the different floor levels in the building and the solum and / or roof / roof space, will determine what references are provided on the cadastral map. |
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Some registered titles and exception deeds will narrate rights in common or pro indiviso shares to clothes poles. Sometimes the clothes poles will be within an existing registered title or within the subjects described in the exception deed, sometimes they will be within other property that is now part of the KIR subjects. In these cases, the references to clothes poles can be ignored and they will not be shown on the cadastral map. The KIR title will make no reference to clothes poles being excluded / included. |
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Examination of the registered titles in an RA may show that the housing stock is registered with ‘Tenant’ or ‘Proprietor / Tenant’ as the interest, e.g. RA 01988/LAN, 01967/LAN. In these cases the burdens section will indicate that the council's title was originally held under an ultra long lease rather than by virtue of a disposition etc, with the subsequent transfers by the council being assignations. In general terms, the Keeper’s policy regarding converting long leases to ownership can be applied and the RA registered as ‘ownership’, with the prior transfers / exceptions being treated as dispositions. However, prior to proceeding to register the RA, the application should be referred to the legal referral officer to confirm that the KIR can proceed on this basis. |
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If the RA is affected by a CIL (Community Interest in Land) entry on the DMS index layer the application should be referred to a senior caseworker who will check the application against the entry in the RCIL (Register of Community Interest in Land). |
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(I) If the RA bisects an unregistered property consider whether the whole of that property should be included in or excluded from the KIR title.
If that property is in another RA consider whether the KIR title should include both RAs. Refer to Plans HEO or legal referral officer as appropriate. (II) If the RA does not agree with the occupied extent of subjects outwith the RA, for example, if the RA appears to plot within the occupied extent of other properties that appear by map interpretation not to be owned by the council, then the extent of those other properties and the RA extent should be investigated. If required, discuss or refer to Plans HEO. |
1.14 Discuss with the legal referral officer, if required, the potential mapping style and decisions made when considering the above examples, along with any issues highlighted by the initial examination and particular requirements pertaining to the RA.
Check for tenement or flatted property
1.15 Check the address list in the RA folder and the map to establish if any of the properties within the KIR subjects comprise a tenement, flatted or other sub-divided property. The list provides details of the house type, eg multi-occupancy for a flatted property.
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1.16 Check the comments in the timings spreadsheet and any Notes documents in the RA folder to ascertain whether separate KIR titles have been created for tenement blocks.
- If the RA contains tenement blocks where the addresses of any flats previously conveyed cannot be matched to UPRN addresses, separate KIR titles will have been created for those tenement blocks (assuming the council retain ownership of part of them).
1.17 If there are no flatted properties within the KIR subjects, proceed to Plans - No Flatted Properties Within KIR Subjects - KIR (Public)
1.18 If there are any flatted properties within the KIR subjects, proceed to Plans - Flatted Properties Exist Within KIR Subjects - KIR (Public)