Map the New Tenement Steading Parent Title -Tenement 1st Removal, External Common Areas, Transitional Provisions

Process Steps

New tenement steading cadastral unit - Map the tenement steading in the TP application

4.1 Map the tenement steading cadastral unit in the TP application, referring to the deed(s) for extent in the flat TP application. Take into account the tolerances of the OS map scale.

4.1.1 Check Part B of the Application for Registration form in the TP application for the flat to see if the question "If the extent of the plot has been delineated on the cadastral map as part of an advance notice please provide the advance notice number" has been answered. If an advance notice was submitted for the deed being registered in the TP application for the flat, the extent of the advance notice on the Index Map may be used to help the mapping process.

4.1.2 If the subjects are affected by Development Plan Approval (DPA) the plotted detail shown on the DPA index layer may be used to help the mapping process provided it agrees with the extents shown in the deed for extent.

4.1.3 The tenement steading extent will normally be mapped with a red edge on the cadastral map, although tinting method may be used if the shape or extent of the cadastral unit is not suitable for an edge reference. 

4.1.4 The red edge (or tint) used to show the extent of the tenement steading cadastral unit should be extended to include the external common area(s).

• • Like all other cadastral units, a tenement steading cadastral unit may be made up of more than one (red edged or tinted) polygon.
  • A separate plans reference for this common area will be mapped as supplementary data to the title sheet.

4.1.5 No plans references for previous 1979 Act removals or feus of exclusive areas or shares in common areas pertaining to flats within the tenement steading should be brought forward onto the new tenement steading cadastral unit.

• • Instead, take a note of the title numbers & schedule entry numbers of any previously removed 1979 Act TPs of flats as these will need to be given to the legal settler so they can add the details to a schedule of removals or a schedule of feus in the title sheet later in the registration process.

4.1.6 If any other plans references are to be brought forward from the parent title, incorporate these into the mapping of the tenement steading in the TP.

• • This can include any existing plans references for burdens and servitudes shown on the original development parent title in so far as they affect the tenement steading.
  • If the whole of an existing plans reference in the original development parent title cadastral unit is being removed and will now only affect the tenement steading cadastral unit, take a note of this as you will need to let the legal settler know.

4.1.7 Check the seed point for the tenement steading cadastral unit is correctly positioned within the tenement steading, and re-position if necessary using the set seed button.

4.1.8 Ensure that all mapping in the tenement steading cadastral unit is Vector Perfect.

4.2 Establish the total quantum of shares in the external common area(s) that pertain to the flats in the tenement block.

• In most instances, this can be worked out from the deed of conditions that affects the development.

• Include in the total those shares already registered with 1979 Act PRs for flats from the tenement block - those shares have already been removed from the development parent title, but their removal will be transferred over to the schedule of removals in the new tenement steading parent title.

   Example

  • 6 flats in a block, all with a 1/20th share in a development common area that is being registered under the transitional provisions.
  • 2 flats, each with a 1/20th share in the development common area, have already been removed from the development parent title by way of 1979 Act TPs. The removal of the flats & the shares in development common areas are shown by entries in the Schedule of Removals in the development parent title sheet.
  • 1st 2012 Act TP is received for a flat in the block, also with a 1/20th share in the development common area.
  • An internal TP is used to remove the whole block from the development parent title and to set it up as the tenement steading parent title. 6 x 1/20th shares in the development common area are also transferred from the development parent title to the tenement steading parent title (2 for the existing registrations, 1 for the current TP, and 3 for the flats still to be transferred).
  • A Schedule of Removals is added to the title sheet for the new tenement steading parent title to reflect the fact that 2 flats plus their 2 x 1/20th shares have been removed. When the current TP is registered, it will also be added to the Schedule of Removals.
  • The existing Schedule of Removals in the development parent title will be updated to reflect that the whole block and 6 x 1/20th shares have been removed (existing entries may need to be deleted, combined or replaced depending on the particular circumstances).

4.4 Copy to the Clipboard the extent of the tenement steading so this can be shown on the parent title.

4.5 Close the TP application on the DMS.

Create and map the supplementary data

4.6 /wiki/spaces/2ARM/pages/63832184 on the DMS.

• •  Name it the same as the title number for the new tenement steading parent title sheet with the suffix -1 (for example, MID152099-1 or ARG5623-1).
  •  If more than one plan is required to show all the supplementary data, then the second plan should have the suffix -2, and so on.

4.7 Provide separate plans references for (1) the extent of the main part of the tenement steading, and (2) the external common areas(s).

• • Plans references shown on supplementary data are normally mapped using the tinting method.
  • If a tint was used on the cadastral map to show the extent of the tenement steading cadastral unit, avoid using the same tint reference.
  • Take into account the tolerances of the OS map scale.
  • Ensure that all mapping in the supplementary data is Vector Perfect.

4.8 Complete the case notes for the supplementary data using the Modify Index Entry option in the Syntegra forms.

4.8.1 Add the postal address or a clear description of the tenement block being registered together with the plans reference used to show it.

4.8.2 Add details of the shares being registered in, and the plans reference used to show, the external common area(s).

4.8.3 Add any other relevant information to the case notes - see Further Guidance on Completing the Plans Casenotes.

4.9 Close and Authorise the SPL index entry being used to show the supplementary data to the title sheet.

4.10 Assign the SPL index entry to the TP application for the new tenement steading cadastral unit.

4.13.1 Re-open the application for the tenement steading cadastral unit on the DMS using the case take-on button.

4.13.2 /wiki/spaces/2ARM/pages/63832373 using the option in the Syntegra Images menu.

4.11 Close the TP application for the new tenement steading cadastral unit again on the DMS.

Map the original development parent title cadastral unit

4.12 Open the parent title on the DMS using the case take-on button.

4.13 From the Clipboard, paste in the extent of the tenement steading cadastral unit from the TP.

4.14 Using the green-out mapping style of removals, the extent of the main tenement steading (excluding the external common areas) should be edged and numbered in green on the parent title cadastral unit.

4.14.1 Take a note of the title numbers and schedule entry numbers of any removal or feu references in the parent title that are edged and numbered in green or blue, or simply numbered in green or blue, that are now obsolete after the removal of the TP main tenement steading extent.

• • This information will be needed to update either (i) the DMS case notes using Maintain Title Details in the Syntegra forms, or (ii) the L53 held in the shared drive, for the parent title.
  • In addition, these will need to be given to the legal settler so they can add the details to a schedule of removals or a schedule of feus in the title sheet later in the registration process.

4.14.2 Check the DMS case notes/L53 for the parent title cadastral unit and allocate the next removal number(s) to the green-out(s) for the main tenement steading.

• • It may be appropriate to re-use a number from a previous removal reference that has been rendered obsolete by the removal of the TP main tenement steading extent.

4.14.3 The external common area(s) should be numbered in green on the parent title cadastral unit. 

• • In most instances, the area(s) will already be numbered in green; if this is not the case, use the next available removal number
  • It may be appropriate to re-use a number from a previous removal reference that has been rendered obsolete by the removal of the TP main tenement steading extent.

4.14.4 Incorporate any other references from the TP into the mapping of the parent title cadastral unit, and take a note of the references used for these.

4.14.5 Ensure that all mapping in the parent title cadastral unit is Vector Perfect.

4.14.6 Update either (i) the DMS case notes using Maintain Title Details in the Syntegra forms, or (ii) the L53 held in the shared drive, for the parent title cadastral unit to show the next removal number to be used, to reflect that only a share/number of shares in a particular numbered area has been removed, & to list any numbers that can be re-used.

4.14.7 Update the DMS case notes using Maintain Title Details in the Syntegra forms for the parent title cadastral unit to incorporate any new or amended plans references.

4.14.8 If necessary, change the tenure shown in the DMS case notes to the correct 2012 Act code (for example, OL for ownership of land).

4.15 Copy to the Clipboard any references from the parent title that are also required to be shown on the TP tenement steading cadastral unit.

4.16 Do your final checks.

• Ensure the print scale corresponding to the OS base map scale has been selected before closing & authorising.
  • If essential title detail is not visible when the print scale is set to the corresponding OS base scale, consideration may be given to setting the print scale to a larger scale. A title note should be added to the LRS recording the decision.
• Do an at a glance shape check.

4.17 Close and authorise the parent title cadastral unit on the DMS.

4.18 View the parent title cadastral unit on the DMS and print off a plan showing the full extent of the cadastral unit for the legal settler.

• although title plans are no longer created and issued by RoS for cases received under the 2012 Act (instead they are replaced by an extract or plan copy of part of the cadastral map), you should use the Title Plan setting on the DMS to print out the cadastral unit for the legal settler.
• if there are further TPs being removed and settled from this parent title at the same time, do not print out the parent title cadastral unit until all the TPs are mapped & referenced on it.
• Many large titles do not transfer over well to ScotLIS due to the number of print pages involved; the multi-part plan option should be used to reduce the number of pages. Although there are several reasons that sometimes lead to a failure to transfer a plan over, as a rule of thumb, where the print exceeds 72 pages, it is likely it will not transfer over correctly.
• If supplementary plans have been previously assigned to the parent title, use the Select title version to print option in the Syntegra Title Admin menu to batch print both the cadastral unit and the supplementary plan(s).

4.19 Open the TP on the DMS using the case take-on button.

4.20 Check for any map updates that have been imported since the TP was mapped:

• this is particularly important if the TP & parent title cadastral units are not being mapped & authorised on the same day.

4.21 Complete the DMS case notes & tenure using Maintain Title Details in the Syntegra forms.

4.21.1 Add tenure details.

4.21.2 Add the postal address or clear description of the property contained in the new tenement steading TP.

4.21.3 Add any other relevant information to the case notes - see Further Guidance on Completing the Plans Casenotes.

• • Ensure you add a note stating that this cadastral unit is the tenement steading cadastral unit.
  • List the title number and address of any previous 1979 Act TPs for flats that will be shown in a schedule of removals or schedule of feus in the tenement steading title sheet.
  • Add a note advising of the use of the supplementary data.
  • Add a note advising how many shares in the external common area are included in the cadastral unit.

4.22 Do your final checks.

• Ensure the print scale corresponding to the OS base map scale has been selected before closing & authorising.
  • If essential title detail is not visible when the print scale is set to the corresponding OS base scale, consideration may be given to setting the print scale to a larger scale. A title note should be added to the LRS recording the decision.
• Do an at a glance shape check.
• Ensure that all mapping in the new tenement steading TP is Vector Perfect.

4.23 Close and authorise the TP on the DMS.

4.24 View the tenement steading cadastral unit on the DMS and print off a plan showing the full extent of the new tenement steading TP cadastral unit for the legal settler.

• although title plans are no longer created and issued by RoS for cases received under the 2012 Act (instead they are replaced by an extract or plan copy of part of the cadastral map), you should use the Title Plan setting on the DMS to print out the cadastral unit for the legal settler.
• Many large titles do not transfer over well to ScotLIS due to the number of print pages involved; the multi-part plan option should be used to reduce the number of pages. Although there are several reasons that sometimes lead to a failure to transfer a plan over, as a rule of thumb, where the print exceeds 72 pages, it is likely it will not transfer over correctly.