Under the 2012 Act there can be no registration without mapping, and in order to complete registration, the Keeper must create a cadastral unit for the plot of land being registered. Section 16 of the 2012 Act provides an exception to this rule, but only in so far as the extent of the individual flats and units within a tenement building, flatted building or other sub-divided building. Using section 16, the Keeper can represent a tenement, or other sub-divided building, and all the registered flats within it as a single cadastral unit on the cadastral map - this cadastral unit defines the extent of the tenement steading within which all the flats, their rights and pertinents are contained. This is known as the tenement steading cadastral unit.
Each registered flat within the building will still have its own, unique title sheet, however the property section of each of these title sheets will refer to the flat as forming part of the tenement steading cadastral unit. If plans references are required for the extent of the flat on a particular floor level, an area of exclusive or common ownership within the tenement steading, or for a pertinent of that flat, these will be shown on a plan that shows supplementary data for the individual flat.
A tenement steading cadastral unit will be set up by the Keeper upon receipt of the first 2012 Act TP application for a flat within a tenement or other sub-divided building - this applies whether there is an existing 1979 Act registration of a flat or not. Any existing 1979 Act registrations for flats within the tenement will be converted at a future date as part of a conversion process so that they also refer to the tenement steading cadastral unit. Where possible, the tenement steading cadastral unit will comprise the extent of all flats, their rights and pertinents. If this is not possible, provided certain requirements are met, a restricted extent can be set up comprising the extent of all registered flats, their rights and pertinents; if a restricted extent is used, it may be updated by the keeper to include any additional areas of ground registered as part of future applications to register other flats in the same tenement.
There are two fundamental requirements that must be met before the Keeper will proceed any further with an application to register a flat or unit in a tenement steading. These are:
If either of these two requirements is not met, the application should be considered for rejection as the application does not comply with the conditions of registration.
Once it has been established that these two requirements are met, further consideration can then be given to the particulars of the application and how it should be plans settled.
Under certain circumstances, it may be possible to process a run of TPs for all the flats in a block without using an internal TP application to set up a separate tenement steading parent title - see Further Guidance page Settling a run of TPs for all flats in a block for full details. |
Use the TP tenement flow chart to check if a new tenement steading cadastral unit is required.
|
If the result in the flow chart that fits your application is "A new tenement steading cadastral unit is needed", the following guidance contains the key points to be borne in mind when setting up a new tenement steading cadastral unit. You will have been directed to this Further Guidance page if the application for registration is the first 2012 Act registration of a TP for any flat or unit within the tenement.
An internal TP application is required to remove the full extent of the tenement steading (or the restricted extent if that is all that can be derived from the information available) from the development parent title. This new tenement steading cadastral unit & title sheet becomes the parent title for the tenement steading, and the TP for the flat is then removed from the new tenement steading parent title. The original development parent title effectively becomes the grand-parent. The date of registration for the new tenement steading parent title will be the same date as the TP application for the flat.
Although an internal application is used to create the tenement steading TP, the resultant cadastral unit and title sheet are not dummies - they are real cadastral units and title sheets that contain real information on ownership, securities, rights and burdens. |
3.1 A request should be made to create the new tenement steading parent title. Depending on the local procedures in your team, use one of the following options:
A3.1 The tenement parent title template email should be used to request the creation of the new tenement steading parent title. A3.1.1 Ensure you complete all fields in the email template - if all the information is not provided, TP Support will return it to you for completion. A3.1.2 Part One of the email is the request for the new internal TP to remove the tenement steading
A3.1.3 Part Two of the email is the request to have the parent title number of all the pending TP applications for the flats in this Block changed from that of the original development parent title to that of the new tenement steading parent title.
A3.2 Once the two parts of the request in step A3.1 have been dealt with, you will receive an email from TP Support advising you of the application number of the TP to remove the new tenement steading parent title from the original development parent title. A3.2.1 Check the application details of the TP to remove the new tenement steading parent title from the original development parent title are correct. A3.2.2 Check the text "internal application to create tenement steading parent title" has been added to the Additional Information field - if it hasn't, please add this text when you take the application on. A3.2.3 Take on the new TP application on the LRS, print out a flysheet, and put in a casebag. A3.2.4 Check the correct change has been made to the parent title details of the TP application for the flat. A3.2.5 Print out a new flysheet for the TP application for the flat and put in the casebag. |
B3.1 The internal Tenement Steading TP request form should be used to request the creation of the new tenement steading parent title. The printable version of the form can currently be found at O:\Production\Reg3\Public\2012 MBH TP Team under the file name Dummy Tenement TP Form. B3.1.1 Ensure you complete all fields in the form - if all the information is not provided, TP Support will return it to you for completion. B3.1.2 Part One of the form is the request for the new internal TP to remove the tenement steading
B3.1.3 Part Two of the form is the request to have the parent title number of all the pending TP applications for the flats in this Block changed from that of the original development parent title to that of the new tenement steading parent title.
B3.1.4 Print the completed form. B3.1.5 Release the current TP application(s) to plans settle on the LRS and physically send all casebags along with the form to TP Support. B3.2 Once the two parts of the request in step B3.1 have been dealt with, you will receive from TP Support the casebags for the current TP for the flat, the new TP for the tenement steading parent title, plus any other TP applications you requested. B3.2.1 Check the application details of the TP to remove the new tenement steading parent title from the original development parent title are correct. B3.2.2 Check the text "internal application to create tenement steading parent title" has been added to the Additional Information field - if it hasn't, please add this text when you take the application on. B3.2.3 Take on the new TP application on the LRS at plans settle. B3.2.4 Check the correct change has been made to the parent title details of the TP application(s) for the flat(s). B3.2.5 Take on the amended TP application(s) for the flat(s) on the LRS at plans settle. |
3.3 If necessary, email IT Services or TP Support to request that the flat TP is linked with the correct tenement steading parent title.
The new TP application for the tenement steading should be mapped on the DMS in the normal manner, and removed from the development parent title using either the green-out or positive removal style. The Tenement Steading Extent flowchart will help you establish the extent of the tenement steading cadastral unit.
|
4.1 If the flat being registered has rights in a common area outwith the tenement steading extent (for example, development amenity ground owned in common by all owners within the development), and those rights are to be mapped under the transitional provisions (i.e. a shared plot is not being created), enough shares or rights in common to cover all the flats (those pending registration and those still to be registered) within the block should be removed from the development parent title at the same time, and added to the new tenement steading parent title. User Guide TP Plans - Tenement First Removal gives details of this process.
4.2 If the development parent title is a mixed-fee type title, the Further Guidance page Removing a Tenement Block from an LSVT or Other Mixed Fee Parent Title contains additional guidance.
4.3 If plans references were already shown on the development parent title for the removal or feu of flats and areas of common or exclusive ownership within the tenement steading (areas pertaining to previous 1979 Act TP flat registrations), the references shown on the development parent title should be updated to reflect that the whole tenement steading has now been removed.
4.4 The DMS casenotes for the development parent title should be updated to reflect the removal of the tenement steading and any other changes made to the plans referencing on the development parent title. This may require noting which removal and feu numbers can now be re-used as they have been deleted from the cadastral map when the tenement steading has been removed.
4.5 The LRS title notes for the new TP application for the tenement steading should be completed in the normal manner for a TP, and must also include a note identifying this cadastral unit as the tenement steading cadastral unit - Further Guidance on completing the LRS Title Notes.
4.6 The DMS casenotes for the new TP application for the tenement steading should be completed in the normal manner, and must also include a note identifying this cadastral unit as the tenement steading cadastral unit - Further Guidance on completing the DMS case notes. If previous 1979 Act TP flat registrations exist in the tenement, details of these removals and feus should be included in the DMS casenotes.
The property section of the title sheet will refer to the flat as forming part of the tenement steading cadastral unit. The details in the Cadastral Unit field in the property section header information will be changed manually to the tenement steading cadastral unit number.
|
13. The Further Guidance pages found at Mapping Tenement Properties contain useful guidance on dealing with other aspects of registering flatted property.
14. The User Guide Prepare for Mapping - TP Plans - Tenement First Removal take you through the full process of plans settling the flatted property.