Removing a Tenement Block from an LSVT or Other Mixed Fee Parent Title

General

This page contains guidance for plans settlers for when they are required to remove a tenement block from a mixed fee parent title, for example an LSVT-type title, to set up a new tenement steading cadastral unit & title sheet.

LSVT stands for Large Scale Voluntary Transfer, and is used as a description for the titles that resulted from the voluntary transfer of local authority housing stock to housing associations. The resulting titles usually comprised large areas of land with multiple references for all the houses, flats & areas of ground that had been previously sold off by the local authority. These references for previous sales are usually a mix of green-outs (removals of property sold in dispositions) or blue-outs (feus of property sold in feu dispositions). When the titles were registered, a Schedule of Feus and a Schedule of Removals were added to the property section of the title sheet listing all the properties that had been previously disponed or feued. Later sales (TPs) from the LSVT title are referenced in the same way and added to the Schedule of Removals.

The Abolition of Feudal Tenure etc (Scotland) Act 2000 abolished the feudal system of land tenure on 28 November 2004. This means that from that date onwards, mixed fee titles, including LSVT titles, no longer contain the feudal superiority of those areas shown with blue-outs and listed in a Schedule of Feus. Please note, no attempt should be made by the plans settler to "back convert" a mixed fee title to change the feu references to removal references. There are agreed styles of property section notes that are added by the legal settler to the property section to indicate that the parts in the Schedule of Feus ceased to be part of the plot of ground upon the abolition of feudal tenure. From plan's perspective, since 28 November 2004, feued areas that have been "blued-out" can be viewed as simply another form of removal from the parent title, but one that is referenced in blue rather than in green.

Useful links

Removal Styles on Parent Titles

TP - Creating a New Tenement Steading Cadastral Unit

Abolition of Feudal Tenure and Former Superiority Title Sheets

Referencing the removal of a tenement steading

When the first 2012 Act TP is submitted for registration from a block in a mixed fee or LSVT-type title, the full extent of the block and any rights or pertinents should be removed from the original parent title and set up as the tenement steading cadastral unit and title sheet. All registrations of flats from that block will then be processed as TPs from the new tenement steading parent title. The removal of the block can be reflected on the original parent title using either the positive removal style or the green-out style of removals.

When a tenement steading cadastral unit is removed in this way from the original parent title, the keeper is effectively splitting the original parent title into two titles and two cadastral units. Therefore, any rights, burdens, plans references, conditions, standard securities, etc affecting that part of the original parent title should be carried over to the new tenement steading parent title. So if there were two entries in a Schedule of Feus and one entry in a Schedule of Removals affecting that part of the original parent title, these should be carried over to the new tenement steading parent title. The difference is, that under the 2012 Act procedures that have been developed, the keeper will no longer show blue/green-outs for the feu/removal of exclusive areas pertaining to individual flats or blue/green numbering for the feu/removal of rights to common areas on the new tenement steading cadastral unit. Instead, a verbal description of each flat & its pertinents will be incorporated into the Schedule of Feus and Schedule of Removals created in the new tenement steading parent title.

Parent Title Extract 1

Parent Title Extract 2

Example 1

2012 Act TP submitted for registration of flat within no 24 Galbraith Walk. Plans settler confirms that the extent of the tenement steading cadastral unit will be coextensive with the areas edged & numbered 73 and 66 in blue in Parent Title Extract 1.
Plans settler takes a note of the details of the PRs (title number, flat details, schedule entry details) of the blue-outs numbered 66 and 73 in the original parent title.
Blue-outs 66 and 73 are then deleted from the cadastral map for the original parent title, and replaced with a green-out for the whole tenement steading cadastral unit. See Parent Title Extract 2. The next available removal number is allocated (in this example, 350 in green).
Plans settler update plans casenotes to reflect blue-out numbers that are no longer used and to update the next removal number.
Plans settler provide title notes on the LRS to the legal settler:
- Advise the legal settler of any changes made to the plans references on the original parent title.
- The Parent Title Schedule template should be completed giving legal the title numbers and addresses of any previous 1979 Act TPs that will need to be listed in a new schedule of removals or schedule of feus in the tenement steading title sheet.
- Providing the legal settler with the schedule entry number that was previously given to each of the 1979 Act TPs in the original parent title sheet. This information will be required by the legal settler to update the original parent title sheet.
Legal settler will remove any entries that are no longer required from the Schedule of Feus in the original parent title.
Legal settler will add the necessary Schedules of Feus and Removals to the new tenement steading parent title, listing all the PRs and then adding new TPs to the Schedule of Removals as they are registered.

Example 2

2012 Act TP submitted for registration of flat within no 6 Mossvale Walk. Plans settler confirms that the extent of the tenement steading cadastral unit will be coextensive with the area edged & numbered 201 in blue in Parent Title Extract 1.
Plans settler takes a note of the details of the PRs (title number, flat details, any schedule entry details) of the blue-out numbered 201 in the original parent title.
Blue-out 201 is then replaced on cadastral map for the original parent title with a green-out of the same extent (the whole tenement steading cadastral unit). See Parent Title Extract 2. The next available removal number is allocated (in this example, 351).
Plans settler update plans casenotes to reflect blue-out numbers that are no longer used and to update the next removal number.
Plans settler provide title notes on the LRS to the legal settler:
- Advise the legal settler of any changes made to the plans references on the original parent title.
- The Parent Title Schedule template should be completed giving legal the title numbers and addresses of any previous 1979 Act TPs that will need to be listed in a new schedule of removals or schedule of feus in the tenement steading title sheet.
- Providing the legal settler with the schedule entry number that was previously given to each of the 1979 Act TPs in the original parent title sheet. This information will be required by the legal settler to update the original parent title sheet.
Legal settler will remove any entries that are no longer required from the Schedule of Feus in the original parent title.
Legal settler will add the necessary Schedules of Feus and Removals to the new tenement steading parent title, listing all the PRs and then adding new TPs to the Schedule of Removals as they are registered.

Example 3

2012 Act TP submitted for registration of flat within no 26 Galbraith Walk. Plans settler confirms that the extent of the tenement steading cadastral unit will be coextensive with the areas edged & numbered 230 in green, and numbered 229 and 231 in green in Parent Title Extract 1.
Plans settler takes a note of the details of the PRs (title number, flat details, any schedule entry details) of the green-outs numbered 229, 230 and 231 in the original parent title.
Green-outs 229, 230 and 231 are then deleted from the cadastral map for the original parent title, and replaced with a green-out for the whole tenement steading cadastral unit. See Parent Title Extract 2. The next available removal number is allocated (in this example, 229 in green can be re-used).
Plans settler update plans casenotes to reflect green-out numbers that are no longer used and to update the next removal number.
Plans settler provide title notes on the LRS to the legal settler:
- Advise the legal settler of any changes made to the plans references on the original parent title.
- The Parent Title Schedule template should be completed giving legal the title numbers and addresses of any previous 1979 Act TPs that will need to be listed in a new schedule of removals or schedule of feus in the tenement steading title sheet.
- Providing the legal settler with the schedule entry number that was previously given to each of the 1979 Act TPs in the original parent title sheet. This information will be required by the legal settler to update the original parent title sheet.
Legal settler will remove any entries that are no longer required from the Schedule of Removals in the original parent title.
Legal settler will add the necessary Schedules of Feus and Removals to the new tenement steading parent title, listing all the PRs and then adding new TPs to the Schedule of Removals as they are registered.