Most properties are described positively. For example:
- The house edged red on the title plan
But some properties are described under exception. The most common example that you might see relates to the last flat in a tenement. The developer who built the tenement might want to ensure that after the flats are all sold, they aren’t left with any residue of the tenement in their ownership. One way to achieve this is to describe most of the flats positively. But when it comes to selling the last flat, describe it as the whole tenement under exception of the flats which were previously sold. So in a tenement with eight flats, the property description for the first seven flats might follow the format:
- Flat 17/7 High Street, being the northmost flat on the second floor of the tenement edged red …
But then the last flat would be described in the format
- Flat 17/5 High Street, being the tenement edged red in cadastral unit MIDxxxxx under exception of (1) the southmost flat on the ground floor, described in disposition … (2) the centre flat on the ground floor, registered under Title Number MIDxxxxx (3) the northmost flat on the ground floor, described in disposition etc.
By describing the last flat in this way, the developer ensures that they don’t have any liabilities or maintenance obligations relating to the tenement.
How will I recognise Schedule of Exceptions?
The plans settler will identify when the property description requires a schedule of exceptions. Check for:
- A case collaboration note in CMS
- An application note in LRS on the title workdesk
- A JIRA comment.
If notes in any of these locations refer to a schedule of exceptions, please add the schedule of exceptions characteristic to the JIRA ticket.
What else do I need to know?
Schedules of exceptions are also common in TP parent titles, however these normally travel with the TP applications so they are unlikely to be seen as a standalone FR.
Registration manual guidance on tenements under exception.