How to Map a Partial Assignation of a Registered Lease

Actions required regarding the Lease Title Sheets

1  Consider whether the existing lease title sheet would benefit from being updated to the most recent, simplified style of mapping leases (introduced Spring 2022).

• If the existing lease title sheet (non-tenement) previously showed the cadastral unit extent on the cadastral map layer with the extent of the leased subjects being shown on (a grouping containing) supplementary data, this style can now be simplified. The reference for the cadastral unit extent can be removed, and the extent of the leased subjects moved to the primary ungrouped layer of the cadastral map.
• If the existing lease title sheet is for a tenement property, the tenement steading cadastral unit should be shown in the primary ungrouped layer of the cadastral map, with any reference needed for the extent of the leased subjects being shown on a grouping containing supplementary data. Please note that it is also possible for a verbally described lease within a tenement to be extended by varying the verbal description.

2  In the TP application (non-tenement):

• Map the extent of the part of the lease that is being assigned in the primary ungrouped layer of the cadastral map, and classify the polygon(s) as Lease.
• Do not bring forward any other plans references that were shown on the original lease title (now the parent title) that affect the TP subjects - these could be on the cadastral map or the supplementary data.
  • Such reference will only exist if the title involved was originally a 1979 Act title that has been updated previously to 2012 Act-compliance. Pure 2012 Act lease titles (such as the one being created in the TP application) should not contain any plans references other than the extent of the leased subjects.

3  In the TP application (tenement):

• Map the tenement steading cadastral unit in the primary ungrouped layer of the cadastral map, and classify the polygon(s) as Tenement Steading.
• Map the extent of the leased subjects (if a verbal description is not being used) in a grouping containing the supplementary data, and classify the polygon(s) as Lease.
• Do not bring forward any other plans references that were shown on the original lease title (now the parent title) that affect the TP subjects - these could be on the cadastral map or the supplementary data.
  • Such reference will only exist if the title involved was originally a 1979 Act title that has been updated previously to 2012 Act-compliance. Pure 2012 Act lease titles (such as the one being created in the TP application) should not contain any plans references other than the tenement steading cadastral unit and the extent of the leased subjects.

4  In the parent title (the original lease) application, map the removal of the part of the lease that is being assigned

• The effect of the partial assignation is the transfer, or removal, of part of the existing registered lease interest - it is not the creation of a new level of leasehold interest (this would be a sub-lease). Therefore, it should be referenced as a removal.
• The positive removal style should be used to help keep the lease title sheets as simple and clear as possible.
• The green-out method of referencing a removal should only be used in exceptional circumstances.
• If the parent title (original lease) was initially a 1979 Act title that has previously been updated to 2012-Act compliance, it may include such things as burdens references relating to the landlord's title, or references for leasehold conditions. Do not attempt to "cleanse" the parent title (original lease) by removing these from the title; instead, it should remain as a hybrid-style of title sheet for the time being.

5  In the TP application in the LRS, the property section header information should be completed in the normal manner for the type of property.

• The Real Right field should be completed to show Tenancy.
• No entry should be made in the hectarage field in the property section of a lease title sheet - there is only a requirement to show the hectarage, if it is 0.5 hectares or greater, on the title sheet for a plot of land (the landlord's title).
• The cadastral unit field in the property section of the lease title sheet should be amended to show the cadastral unit number of the plot of land (the ownership title, or the tenement steading cadastral unit if the property is in a tenement).

6  In the TP application in the LRS, the property description should be completed in the appropriate manner for the type of property being leased.

• See Further Guidance on Property section styles - leases.
• No reference to the hectarage of the cadastral unit should be included in the property description in the lease title sheet - there is only a requirement to show the hectarage, if it is 0.5 hectares or greater, on the title sheet for the plot of land (the landlord's title).

7  In the TP application, the LRS notes should be completed in the normal manner for the type of property.

• See Further Guidance on completing the LRS Title Notes.
• A title note must be added stating that these subjects are an assignation of part of the lease registered in parent title - for example, "The subjects in this title are an assignation of part of parent title FFExxxx."
• A title note must be added stating that the subjects form all or part of the cadastral unit for the plot of land (landlord's title) - for example "The subjects in this title are a lease of part of cadastral unit FFExxxx".
• Add a title note requesting that the legal settler incorporates the original lease and the assignation by reference to the deed in the archive record - for example, "Following current policy, please can the Lease & Assignation be incorporated by reference to the deed in the archive record?"
• If the deed plan(s) annexed to the assignation shows plans references other than the extent of the part of the lease being assigned, an additional title note must be added advising that legal settler that no plans references have been provided for those features - for example, "Following current policy, no plans references have been provided for the xxx on plans 2 & 3 in the Assignation."
• A title note must be added providing the legal settler of the details of the removal from the original lease parent title - for example, "The sitt have been removed from the parent title extent using the positive removal method."

Actions required regarding the Landlord's Title Sheet

1  No amendments are required to the plans references used for the lease that is being partially assigned.

• The extent of the subjects in the original lease is not being changed by the partial assignation, so the existing reference for the extent of the original lease should be retained on the mapping of the landlord's title. Instead, the Schedule of Leases will be update by the legal settler to show that the original lease is now registered under two (or more) titles.
  • If the original lease is a lease of whole of the landlord's title, there will be no separate reference for the extent of the leased subjects.
  • If the original lease is a lease of part of the landlord's title, the lease will (normally) have been shown with a yellow edge and number. This reference and number should be retained. Take a note of the lease number ("yellow out") that is affected by the partial assignation as this information will need to be given to the legal settler.
  • If the original lease is a lease of part of a property within a tenement, the lease will not (normally) have been shown with a yellow edge and number; instead it will be described verbally in the entry in the Schedule of Leases. Take a note of the entry number that is affected by the partial assignation as this information will need to be given to the legal settler.

2  Add a title note to the LRS advising the legal settler of the lease number (yellow out) or entry number in the existing Schedule of Leases that is affected by the partial assignation.

3  As the landlord's title sheet is already in the 2012 Act-style, there should be no requirement for any updating.

Actions required regarding the Lease Title Sheets

1  As no title sheet or cadastral unit exists for the landlord's title to the plot of land, the original registered lease title cannot be updated to 2012 Act-compliance, nor can the new TP lease title be set up in a full  2012 Act-style.

• The effect of the partial assignation is to split the existing 1979 Act-style lease title into two (or more) title sheets. These title sheets will continue in the 1979 Act-style until such times as the plot of land is registered and a conversion exercise is undertaken.

2  In the TP application, map the extent of the part of the lease that is being assigned on the primary ungrouped layer of the cadastral map.

• Classify the polygon(s) as Lease.
• Bring forward any plans references that were shown on the original lease title (now the parent title) that affect the TP subjects - these can be on the primary ungrouped layer of the cadastral map or in a grouping showing supplementary data.
• If the original lease title used SPLs, these can be brought forward if needed to the TP title - the detail formerly mapped in the SPL should be set up as a grouping in Plan Creator.
• If the original lease title used scanned supplementary plans, see Further Guidance section Assigning and Retaining Supp Plans for instructions on how to proceed.

3  In the parent title (the original lease) application, map the removal of the part of the lease that is being assigned

• The effect of the partial assignation is the transfer, or removal, of part of the existing registered lease interest - it is not the creation of a new level of leasehold interest (this would be a sub-lease). Therefore, it should be referenced as a removal.
• The positive removal style should be used to help keep the lease title sheets as simple and clear as possible.
• The green-out method of referencing a removal should only be used in exceptional circumstances.
• As the landlord's title to the plot of ground is not registered, there is no requirement for any updating of the mapping style of the original lease.

4  In the TP application in the LRS, the property section header information should be completed in the normal manner for the type of property.

• The Real Right field should be completed to show Tenancy.
• No entry should be made in the hectarage field in the property section of a lease title sheet - there is only a requirement to show the hectarage, if it is 0.5 hectares or greater, on the title sheet for a plot of land (the landlord's title).
• The cadastral unit field in the property section of the lease title sheet should be left showing the same number as the title number of the title sheet (current IT provisions mean it is not possible to leave this field empty).

5  In the TP application in the LRS, the property description should be completed in a similar manner to the parent title (original lease) title sheet.

• No mention should be made to a cadastral unit as one does not yet exist.
• No mention should be made to the cadastral map - instead, it is still appropriate to refer to Title Plan.
• No reference to the hectarage of the cadastral unit should be included in the property description in the lease title sheet - there is only a requirement to show the hectarage, if it is 0.5 hectares or greater, on the title sheet for the plot of land (the landlord's title).

6  In the TP application, the LRS notes should be completed in the normal manner for the type of property.

• See Further Guidance on completing the LRS Title Notes.
• A title note must be added stating that these subjects are an assignation of part of the lease registered in parent title - for example, "The subjects in this title are an assignation of part of parent title FFExxxx."
• A title note must be added stating that no cadastral unit exists for the plot of land (landlord's title) - for example "No cadastral unit yet exists for the plot of land underlying these leased subjects".
• Add a title note requesting that the legal settler incorporates the original lease and the assignation by reference to the deed in the archive record - for example, "Following current policy, please can the Lease & Assignation be incorporated by reference to the deed in the archive record?"
• If the deed plan(s) annexed to the assignation shows plans references other than the extent of the part of the lease being assigned, an additional title note must be added advising that legal settler that no plans references have been provided for those features - for example, "Following current policy, no plans references have been provided for the xxx on plans 2 & 3 in the Assignation."
• A title note must be added providing the legal settler of the details of the removal from the original lease parent title - for example, "The sitt have been removed from the parent title extent using the positive removal method."

7  If an LRS application is available for the parent title (original lease), amend the entry in the Real Right field to show Tenancy.

• If no LRS application is available yet, add a title note to the TP application requesting that the legal settler make the change to the Real Right field.

Actions required regarding the Landlord's Title Sheet

1. No landlord's title sheet exists and the registration of a partial assignation of a registered lease does not trigger APR.

Actions required regarding the Lease Title Sheets

1  In the TP application (non-tenement):

• Map the extent of the part of the lease that is being assigned in the primary ungrouped layer of the cadastral map, and classify the polygon(s) as Lease.
• Do not bring forward any other plans references that were shown on the original lease title (now the parent title) that affect the TP subjects - these could be on the cadastral map or the supplementary data.
  • Such reference may exist as the original lease title was registered under the 1979 Act. Pure 2012 Act lease titles (such as the one being created in the TP application) should not contain any plans references other than the extent of the leased subjects.

2  In the TP application (tenement):

• Map the tenement steading cadastral unit in the primary ungrouped layer of the cadastral map, and classify the polygon(s) as Tenement Steading.
• Map the extent of the leased subjects (if a verbal description is not being used) in a grouping containing the supplementary data, and classify the polygon(s) as Lease.
• Do not bring forward any other plans references that were shown on the original lease title (now the parent title) that affect the TP subjects - these could be on the cadastral map or the supplementary data.
  • Such reference may exist as the original lease title was registered under the 1979 Act. Pure 2012 Act lease titles (such as the one being created in the TP application) should not contain any plans references other than the tenement steading cadastral unit and the extent of the leased subjects.

3  In the parent title (the original lease) application, map the removal of the part of the lease that is being assigned

• The effect of the partial assignation is the transfer, or removal, of part of the existing registered lease interest - it is not the creation of a new level of leasehold interest (this would be a sub-lease). Therefore, it should be referenced as a removal.
• The positive removal style should be used to help keep the lease title sheets as simple and clear as possible.
• The green-out method of referencing a removal should only be used in exceptional circumstances.
• As the parent title (original lease) was registered under the 1979 Act, it may include such things as burdens references relating to the landlord's title, or references for leasehold conditions. Do not attempt to "cleanse" the parent title (original lease) by removing these from the title; instead, it should remain as a 1979 Act style of title sheet for the time being.

4  In the TP application in the LRS, the property section header information should be completed in the normal manner for the type of property.

• The Real Right field should be completed to show Tenancy.
• No entry should be made in the hectarage field in the property section of a lease title sheet - there is only a requirement to show the hectarage, if it is 0.5 hectares or greater, on the title sheet for a plot of land (the landlord's title).
• The cadastral unit field in the property section of the lease title sheet should be amended to show the cadastral unit number of the plot of land (the ownership title, or the tenement steading cadastral unit if the property is in a tenement).

5  In the TP application in the LRS, the property description should be completed in the appropriate manner for the type of property being leased.

• See Further Guidance on Property section styles - leases.
• No reference to the hectarage of the cadastral unit should be included in the property description in the lease title sheet - there is only a requirement to show the hectarage, if it is 0.5 hectares or greater, on the title sheet for the plot of land (the landlord's title).

6  In the TP application, the LRS notes should be completed in the normal manner for the type of property.

• See Further Guidance on completing the LRS Title Notes.
• A title note must be added stating that these subjects are an assignation of part of the lease registered in parent title - for example, "The subjects in this title are an assignation of part of parent title FFExxxx."
• A title note must be added stating that the subjects form all or part of the cadastral unit for the plot of land (landlord's title) - for example "The subjects in this title are a lease of part of cadastral unit FFExxxx".
• Add a title note requesting that the legal settler incorporates the original lease and the assignation by reference to the deed in the archive record - for example, "Following current policy, please can the Lease & Assignation be incorporated by reference to the deed in the archive record?"
• If the deed plan(s) annexed to the assignation shows plans references other than the extent of the part of the lease being assigned, an additional title note must be added advising that legal settler that no plans references have been provided for those features - for example, "Following current policy, no plans references have been provided for the xxx on plans 2 & 3 in the Assignation."
• A title note must be added providing the legal settler of the details of the removal from the original lease parent title - for example, "The sitt have been removed from the parent title extent using the positive removal method."

7  If an LRS application is available for the parent title (original lease), amend the entry in the Real Right field to show Tenancy.

• If no LRS application is available yet, add a title note to the TP application requesting that the legal settler make the change to the Real Right field.

Actions required regarding the Landlord's Title Sheet

1  No amendments are required to the plans references used for the lease that is being partially assigned.

• The extent of the subjects in the original lease is not being changed by the partial assignation, so the existing reference for the extent of the original lease should be retained on the mapping of the landlord's title. Instead, the Schedule of Leases will be update by the legal settler to show that the original lease is now registered under two (or more) titles.
  • If the original lease is a lease of whole of the landlord's title, there will be no separate reference for the extent of the leased subjects.
  • If the original lease is a lease of part of the landlord's title, the lease will (normally) have been shown with a yellow edge and number. This reference and number should be retained. Take a note of the lease number ("yellow out") that is affected by the partial assignation as this information will need to be given to the legal settler.
  • If the original lease is a lease of part of a property within a tenement, the lease will not (normally) have been shown with a yellow edge and number; instead it will be described verbally in the entry in the Schedule of Leases. Take a note of the entry number that is affected by the partial assignation as this information will need to be given to the legal settler.

2  Add a title note to the LRS advising the legal settler of the lease number (yellow out) or entry number in the existing Schedule of Leases that is affected by the partial assignation.

3  As the landlord's title sheet is already in the 2012 Act-style, there should be no requirement for any updating.

Actions required regarding the Lease Title Sheets

1  In the TP application (non-tenement):

• Map the extent of the part of the lease that is being assigned in the primary ungrouped layer of the cadastral map, and classify the polygon(s) as Lease.
• Do not bring forward any other plans references that were shown on the original lease title (now the parent title) that affect the TP subjects - these could be on the cadastral map or the supplementary data.
  • Such reference may exist as the original lease title was registered under the 1979 Act. Pure 2012 Act lease titles (such as the one being created in the TP application) should not contain any plans references other than the extent of the leased subjects.

2  In the TP application (tenement):

• Map the tenement steading cadastral unit in the primary ungrouped layer of the cadastral map, and classify the polygon(s) as Tenement Steading.
• Map the extent of the leased subjects (if a verbal description is not being used) in a grouping containing the supplementary data, and classify the polygon(s) as Lease.
• Do not bring forward any other plans references that were shown on the original lease title (now the parent title) that affect the TP subjects - these could be on the cadastral map or the supplementary data.
  • Such reference may exist as the original lease title was registered under the 1979 Act. Pure 2012 Act lease titles (such as the one being created in the TP application) should not contain any plans references other than the tenement steading cadastral unit and the extent of the leased subjects.

3  In the parent title (the original lease) application, map the removal of the part of the lease that is being assigned

• The effect of the partial assignation is the transfer, or removal, of part of the existing registered lease interest - it is not the creation of a new level of leasehold interest (this would be a sub-lease). Therefore, it should be referenced as a removal.
• The positive removal style should be used to help keep the lease title sheets as simple and clear as possible.
• The green-out method of referencing a removal should only be used in exceptional circumstances.
• As the parent title (original lease) was registered under the 1979 Act, it may include such things as burdens references relating to the landlord's title, or references for leasehold conditions. Do not attempt to "cleanse" the parent title (original lease) by removing these from the title; instead, it should remain as a 1979 Act style of title sheet for the time being.

4  In the TP application in the LRS, the property section header information should be completed in the normal manner for the type of property.

• The Real Right field should be completed to show Tenancy.
• No entry should be made in the hectarage field in the property section of a lease title sheet - there is only a requirement to show the hectarage, if it is 0.5 hectares or greater, on the title sheet for a plot of land (the landlord's title).
• The cadastral unit field in the property section of the lease title sheet should be amended to show the cadastral unit number of the plot of land (the ownership title, or the tenement steading cadastral unit if the property is in a tenement).

5  In the TP application in the LRS, the property description should be completed in the appropriate manner for the type of property being leased.

• See Further Guidance on Property section styles - leases.
• No reference to the hectarage of the cadastral unit should be included in the property description in the lease title sheet - there is only a requirement to show the hectarage, if it is 0.5 hectares or greater, on the title sheet for the plot of land (the landlord's title).

6  In the TP application, the LRS notes should be completed in the normal manner for the type of property.

• See Further Guidance on completing the LRS Title Notes.
• A title note must be added stating that these subjects are an assignation of part of the lease registered in parent title - for example, "The subjects in this title are an assignation of part of parent title FFExxxx."
• A title note must be added stating that the subjects form all or part of the cadastral unit for the plot of land (landlord's title) - for example "The subjects in this title are a lease of part of cadastral unit FFExxxx".
• Add a title note requesting that the legal settler incorporates the original lease and the assignation by reference to the deed in the archive record - for example, "Following current policy, please can the Lease & Assignation be incorporated by reference to the deed in the archive record?"
• If the deed plan(s) annexed to the assignation shows plans references other than the extent of the part of the lease being assigned, an additional title note must be added advising that legal settler that no plans references have been provided for those features - for example, "Following current policy, no plans references have been provided for the xxx on plans 2 & 3 in the Assignation."
• A title note must be added providing the legal settler of the details of the removal from the original lease parent title - for example, "The sitt have been removed from the parent title extent using the positive removal method."

7  If an LRS application is available for the parent title (original lease), amend the entry in the Real Right field to show Tenancy.

• If no LRS application is available yet, add a title note to the TP application requesting that the legal settler make the change to the Real Right field.

Actions required regarding the Landlord's Title Sheet

1  The 1979 Act title sheet for the landlord's ownership title must be updated to the 2012 Act style referring to a cadastral unit for the plot of land.

• Guidance on the update steps required can be found on Updating Existing 1979 Act Title Sheets.
  
  • See the column in the table entitled Updating 1979 Act Landlord's title sheet when a lease or sub-lease is being registered.

2  The extent of the subjects in the original lease is not being changed by the partial assignation, so the existing reference for the extent of the original lease should be retained on the mapping of the landlord's title. Instead, the Schedule of Leases will be update by the legal settler to show that the original lease is now registered under two (or more) titles.

• If the original lease is a lease of whole of the landlord's title, there will be no separate reference for the extent of the leased subjects.
• If the original lease is a lease of part of the landlord's title, the lease will (normally) have been shown with a yellow edge and number. This reference and number should be retained. Take a note of the lease number ("yellow out") that is affected by the partial assignation as this information will need to be given to the legal settler.
• If the original lease is a lease of part of a property within a tenement, the lease will not (normally) have been shown with a yellow edge and number; instead it will be described verbally in the entry in the Schedule of Leases. Take a note of the entry number that is affected by the partial assignation as this information will need to be given to the legal settler.
  
  

3  Update the property section header information in the title sheet for the landlord's ownership title.

• The Real Right field should be updated to show Ownership.
• If the hectarage of the cadastral unit is 0.5 hectares or greater, this should be included in the property description.
  
  

4  Update the property description in the property section of the title sheet for the landlord's ownership title.

• See Further Guidance on Property section styles.
• If the hectarage of the cadastral unit is 0.5 hectares or greater, this should be entered in the hectarage field.
  
  

5  Add a title note to the LRS advising the legal settler of the changes that have been made to the style of the title sheet, and requesting that any 1979 Act terminology in the other sections of the title sheet be updated appropriately.

6  Add a title note to the LRS advising the legal settler of the lease number (yellow out) or entry number in the existing Schedule of Leases that is affected by the partial assignation.