Parent titles, TPs and common areas
When your application is a transfer of part (TP), the property being registered, including any common areas, is already registered in the land register under the parent title. Under the 1979 Act procedures, if a share in a common area was removed from a parent title, a numbered reference was provided on the Title Plan for the Parent Title and an entry describing the share being removed was made in a Schedule of Removals on the title sheet for the parent title. The remaining share would remain in the parent title until transferred out in another application(s). Under the 2012 Act, however, when the first share in a common area is removed in a TP, a shared plot title sheet will be set up for the extent of that common area (in other words, it will become a separate cadastral unit). In practical terms, this means that the extent of the common area will be fully removed from the parent title cadastral unit (either by positive mapping or by greening out). The new shared plot title sheet will list the title number of the TP in the proprietorship section as a sharing plot title sheet (and the quantum of its share), and will also list the parent title title number in the proprietorship section (with the quantum of the share remaining in the ownership of the parent title owner). There will no longer be a need for a schedule of removals in situations such as this.
Subsequent TP applications for properties within that parent title that also transfer a share in the shared plot cadastral unit will be reflected in the title sheet of the shared plot by adding an additional sharing plot title number & quantum of shares to the proprietorship section, and will reduce the quantum pertaining to the parent title accordingly. Once all the shares in that shared plot title sheet have been transferred to the owners of individual TPs, the parent title can be removed from the list of sharing plot title numbers in the proprietorship section.
These procedures apply whether the parent title itself was registered under the 1979 Act or the 2012 Act - the key point to establish is whether or not shares in that particular common area have been registered in a 1979 Act TP. If shares have not been registered in a 1979 Act TP, consideration should be given to setting up a shared plot title sheet for the common area. However, shares have already been registered in a 1979 Act TP, the transitional provisions in the 2012 Act will apply - see TP - When to Map Common Areas Under the Transitional Provisions for more information.
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Process
Examine Case & Complete Index Map Search
1.1 Examine the DIR/historical deeds/application form and identify the common area and the quantum share.
1.1.1 If the extent of the common area and/or the quantum share are not identified the application should be rejected.
1.2 Complete an index map search and an address search on LRS to identify:
- if the whole/part of the extent of the common area(s) has already been plotted on the cadastral map;
- the existing cadastral unit number for the common area(s), if applicable.
Examine PT Application Record & Identify/Create Application over PT
2.1 Complete an application record search against the development.
2.1.1 Check there are no pending applications over the development with a date of registration prior to the application undergoing registration. Ensure the applications are completed before proceeding or, if appropriate, request the applications and settle the applications in date order.
2.1.2 Identify if there is a pending DW over the PT with the same date of registration as the TP undergoing registration that can be used to update the PT. Refer to legal settler for guidance if necessary.
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If a DW over the PT is being used then the DW application must contain the most up to date version of the title sheet. Prior to linking the DW to a shared plot the DW application must be referred to a legal settler to ensure the latest title version is imported into that application. |
2.1.3 Where there is no suitable pending DW create a TU application over the PT.
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1) Open the appropriate county using 2) Click on 3) Select Application Type TU from the dropdown list and enter the PT title number. 4) Check the address details and and ok. 5) Take a note of the TU application number. 6) Open the TU application and add the following application workdesk N&I: 'TU application linked to registration of sharing plot TP 7) Release the TU application to 8) Open the appropriate county using 9) Take on the TU application on LRS. 10) Print the TU flysheet and place in a separate casebag tied to the TP undergoing registration. |
2.1.4 Where a consecutive run of TP + AS applications is being completed in which each TP is conveyed a share in the shared plot from the same PT, a single application over the PT may be used to update the PT share details, but only if registration of all the applications is being completed on the same day. See instructions 'Completing a Consecutive Run of TPs with Shared Plot Applications' below.
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Ensure that there is a pending DW or TU application over the PT before proceeding further as this is required to generate the shared plot relationship. |
Create Shared Plot Application on LRS
3.1 Refer to the guidance above to identify the correct shared plot application type to be created on LRS.
3.1.1 TA/FA applications only
- examine the registered version of the title
- identify if the title for the primary plot (i.e. the house plot or flat) has an existing share in the shared plot
- if the primary plot title does not have an existing share in the shared plot create a TS or AS application as appropriate following the instructions below
- if the primary plot title has an existing share in the shared plot follow the instructions to amend the existing relationships in the registered primary plot and the PT titles
3.2 Create appropriate shared plot application on LRS.
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a.1 Open the lead application for the primary plot undergoing registration on LRS (FR/FA/TP/TA) using PLANS SETTLE function. a.1.1 The following process must be completed using the application against the primary plot that is undergoing registration. a.2 Open the title workdesk. a.3 Click on 'Relationships' tab. a.4 Click on 'Transfer Share'. a.5 In the prompt box enter the PT title number from which the new shared plot title will be created and enter the quantum share that applies to the TP and the residual quantum share that applies to the PT and 'ok'. a.5.1 The quantum share must be entered in the schedule in the fraction or percentage format as specified in the deed. a.5.2 If the deed does not narrate the share in a fraction or a percentage format, but instead identifies the properties that have a share in the common area the quantum must be entered in a fraction format. a.6 In the prompt box select the appropriate DW or TU application against the PT as identified above. a.7 The title workdesk will automatically populate with the application number, application type, application status, title number, title type, title status, the relationship of the lead application (the relationship is now 'sharing' plot) and the quantum share. The title workdesk will also automatically populate with the quantum share, title number, title type, title status, application number, application type (TS) and application status of the new shared plot that has been created. a.7.1 In addition, the above will automatically populate the title workdesk in the DW or TU application against the PT with the same details and the residual quantum share that applies to the PT. a.8 Check the details are correct and take a note of the shared plot title number and application number. a.8.1 If the share details are incorrect click on 'Amend Details' and enter the correct details. a.8.2 If the shared plot application should not have been created or if the wrong shared plot application type has been created follow the Shared Plot Application Created in Error process. a.9 Click on 'Apply' and close the title workdesk. a.9.1 An unconfirmed version of the shared plot application(s) over the new shared plot title(s) has now been linked to the application for the primary plot undergoing registration (the sharing plot) and has been added to the list of attached/related applications on the application workdesk. a.9.2 In addition the DW or TU application over the PT has also been linked to the primary plot undergoing registration and has been added to the list of attached/related applications on the application workdesk. a.10 In the 'Additional information' field on the application workdesk for the lead application for the primary plot undergoing registration enter 'Shared plot *XXXXX'. (*XXXXX = the TS title number). a.11 In the list of linked applications on the application work desk select and open the TS application. a.12 In the 'Additional information' field on the application workdesk for the TS application enter 'Sharing plot *XXXXX'. (*XXXXX = the title number or the primary plot currently undergoing registration and the title number of the PT that has the residual share). a.13 In the application workdesk for the TS application click on 'Details' and enter the property description of the shared plot cadastral unit and 'Close' then 'Apply'. a.13.1 A shared plot will not normally have a unique postal address with postcode. Instead, the plot should be described in the same way as any other plot of ground with no postal address. For example, "...being the common amenity area on the north side of CARSON DRIVE, DALKEITH". a.13.2 Add the prefix information to the property description using the picklist entries whenever possible to ensure consistency.
a.14 Click on 'App Confirm'. a.14.1 Check that the application number in the pop up box is correct and ok. a.15 Repeat the above steps if any further TS applications are required. a.15.1 If another shared plot title is being created from the same PT the same DW or TU application over the PT identified/created above can be used. a.15.2 If another shared plot title is being created from a different PT an application over the other PT will be required. a.15.1 If an AS (Land Register), FS or AS (Sasine) application is required, refer to the relevant process and complete the same steps up to this point. a.16 Release the lead application for the primary plot undergoing registration to a.16.1 This will automatically release any linked or attached application(s) to the same location. a.17 Take on the lead application for the primary plot undergoing registration using PLANS SETTLE function in the case workdesk. a.17.1 The lead application for the primary plot undergoing registration, the PT application, the TS application and any other linked or attached applications will now be on your LRS select list. |
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b.1 View the shared plot title on LRS and view the existing sharing plot schedule in the proprietorship section and identify the format of the existing entries in the schedule. b.1.1 If the quantum share identified in the DIR/historical conveyancing deed/application form differs to the format of the existing schedule entries follow the process to convert the quantum share or refer as appropriate. b.2 Open the lead application for the primary plot undergoing registration on LRS (FR/FA/TP/TA/) using b.2.1 The following process must be completed using the lead application against the primary plot that is undergoing registration. b.3 Open the title workdesk. b.4 Click on 'Relationships' tab. b.5 Click on 'Add Share'. b.6 Enter the title number of the shared plot and the quantum share pertaining to the primary plot undergoing registration in the prompt box and 'ok'. b.6.1 The quantum share must be entered in the same format as the first entry in the schedule. Where the first entry is a percentage format all further entries must be entered in a percentage format. Where the first entry is a fraction format all further entries must be entered in a fraction format with the same denominator. Where the fractional denominator is changed part way through a run of TPs and to change the denominator in the previously registered titles would be unduly onerous or time consuming then the matter should be referred to the plans HEO first removal officer for further guidance, who can consult with the Legal SEO if required. b.7 The shared plot application will be created on LRS and will auto-import details from the latest title version of the shared plot title.
b.7.1 The title workdesk will automatically populate with the application number, application type, application status, title number, title type, title status, the relationship of the lead application (the relationship is now 'sharing' plot) and the quantum share. The title workdesk will also automatically populate with the quantum share, title number, title type, title status, application number, application type (AS) and application status of the shared plot. b.8 Check the details are correct and take a note of the shared plot application number. b.8.1 If the share details are incorrect click on 'Amend Details' and enter the correct details. b.8.2 If the shared plot application should not have been created or if the wrong shared plot application type has been created follow the Shared Plot Application Created in Error process. b.9 Click on 'Apply' and close the title workdesk. b.9.1 An unconfirmed version of the shared plot application over the shared plot title has now been linked to the application for the primary plot undergoing registration (the sharing plot) and has been added to the list of attached/related applications on the application workdesk. b.10 In the 'Additional information' field on the application workdesk for the lead application for the primary plot undergoing registration enter 'Shared plot *XXXXX'. (*XXXXX = the AS title number). b.11 Close the application workdesk. b.12 Select the DW or TU application on the LRS case workdesk for the PT and open the relationships tab in the title workdesk. b.12.1 If the PT is retaining a share in the shared plot click on the specific shared plot relationship to highlight it and click on 'Amend Details' and reduce the residual share and 'ok'.
b.12.2 If the PT is transferring its final share in the shared plot click on the specific shared plot relationship to highlight it and click on 'Rel. Remove' and 'ok'.
b.12.3 If the relationships tab does not contain any relationships click on 'Import' in the title workdesk and select the latest version of the PT title. Refer to TUs and TP Shared Plots Processing instructions. The relationship can now be amended or removed as above. b.13 In the pop up box select the AS application over the shared plot as created above and 'ok'. b.13.1 The PT application (DW or TU) is now also linked to the TP application. b.14 Click on 'Apply' and close the title on LRS. b.16 Select the application on the LRS case workdesk for the lead application for the primary plot undergoing registration and open the application workdesk. b.17 In the list of linked applications on the application work desk select and open the AS application. b.18 In the 'Additional information' field on the application workdesk for the AS application enter 'Sharing plot *XXXXX'. (*XXXXX = the title number for the primary plot undergoing registration). b.19 Check the shared plot property description. b.19.1 Refer to a senior officer if an amendment is required to the property description. b.20 In the application workdesk click on 'App Confirm'. b.20.1 Check that the application number in the pop up box is correct and ok. b.21 Repeat the above steps if any further AS (Land Register) applications are required. b.21.1 If a share in another shared plot title is being transferred from the same PT the same PT application identified/created above can be used. b.21.2 If a share in another shared plot title is being transferred from a different PT an application over the other PT will be required. b.21.3 If an FS, TS or AS (Sasine) application is required, refer to the relevant process and complete the same steps up to this point. b.22 In the LRS case workdesk select and open the lead application for the primary plot undergoing registration. b.23 Release the lead application for the primary plot undergoing registration to b.23.1 This will automatically release any linked or attached application(s) to the same location. b.24 Take on the lead application for the primary plot undergoing registration using PLANS SETTLE function in the case workdesk. b.24.1 The lead application for the primary plot undergoing registration, the PT application, the AS application and any other linked or attached applications will now be on your LRS select list. |
3.3 For non-tenement properties, proceed to the Map the title - TP Plans - Cat A - sharing plots, Map the title - TP Plans - Cat B - sharing plots, or Map the title - TP Plans - First Removal - sharing plots User Guide for the next step in the plans settle process.
3.4 For tenement properties, proceed to the Map the title - TP Plans - Cat A - Tenement - sharing plots, Map the title - TP Plans - Cat B - Tenement - sharing plots, or Map the title - TP Plans - First Removal - Tenement - sharing plots User Guide for the next step in the plans settle process.