Mapping a Flat or House with Remote Parking or Parking in Another Development

General

There are properties in Scotland where a flat is located within one tenement block (in a multi-block development, or in a single block development), and the owner of the flat also owns a separate parking space or garage that is located outwith that development (perhaps located in another development, or simply a separate garage located in the neighbourhood). Due to the way tenement steading cadastral units are set up under Section 16 of the 2012 Act, it will often not be appropriate for the parking or garage to be included within the same cadastral unit and title sheet as the flat. Instead, the Keeper will split the application for registration into two cadastral units (one for the flat, and one for the parking space or garage) with two title sheets.

A similar situation can also arise where the owner of a house has purchased a parking space within the parking block of a nearby development. Again, the Keeper will consider creating separate cadastral units and title sheets for (i) the house, and (ii) for the parking which is part of a tenement steading cadastral unit.

Useful Links

Identifying the Tenement Steading Extent

Mapping a Flat with Parking in Another Block

Tenement Scenarios

There is also agreed practice for those situations where the flat and the parking are within the same development, albeit in different blocks within that development. Please see Further Guidance page - Mapping a Flat with Parking in Another Block.

Key points for plans settlers

If you believe your application falls into this scenario, refer to a Plans HEO for guidance.

Key points for plans referral officers to consider

When a single application is split into two separate cadastral units and title sheets, the owner will incur two sets of registration fees for any future applications over the properties. Therefore, only split an application into two when there is good reason to do so.
When an application is split, the original date of registration of the DIR will be retained in both applications. An SEO counter-signature is required on the Intake Create form (LR32) before this can be actioned.
Under section 16, only flats and their pertinents can form part of a tenement steading cadastral unit. Therefore, a house plot cannot form part of a tenement steading cadastral unit.
In most instances, it is not appropriate to combine two separate tenements and their steadings into a single, larger cadastral unit. Section 16 of the 2012 Act deals with single tenement blocks, not multiple tenement blocks, and therefore, each tenement steading cadastral unit should contain one single tenement block.
Are the flat/house and the parking within the same development, albeit within two separate tenement blocks? If the answer is yes, please see Further Guidance page - Mapping a Flat with Parking in Another Block.
Are the flat/house and the parking within two separate developments, with two different deeds of conditions? If the answer is yes, in most instances, the application should be split into two cadastral units & title sheets.
Is the house a standalone house (not in a development), but the parking is a parking space or garage within a development (not located within a tenement block)? If the answer is yes, it may still be possible to map and settle these as a single cadastral unit.
Is the house a standalone house (not in a development), but the parking is a parking space or garage within a development (located within a tenement block)? If the answer is yes, in most instances, the application should be split into two cadastral units & title sheets. This is because a house plot cannot form part of a tenement steading cadastral unit.
If the main property is a flat, and the parking is a space or garage outwith the development (for example, a lock-up garage located in a nearby street), consider if the parking is actually a pertinent of the flat, or if it is simply another plot of land owned by the owner of the flat. If it is not actually a pertinent of the flat, in most instances, the application should be split into two cadastral units & title sheets. This is because only pertinents of flats or units within a tenement block should be included within a tenement steading cadastral unit.
Were the flat/house originally purchased at a different time from the parking space or garage? Do the flat/house and the parking/garage have different routes of title? In other words, are there separate extent deeds for the flat/house and the parking/garage? If the answer is yes, this will give weight to a justification for splitting an application into two cadastral units/title sheets. It is not a reason on its own but will help you decide when taken with the other considerations, above.
Distance between the flat/house and parking/garage is not a reason for splitting an application into two title sheets, but may add weight to a justification for splitting an application into two cadastral units/title sheets when taken with the other considerations, above.
If you are still unsure whether it is appropriate to split an application into two cadastral unit and title sheets, refer to a senior plans advisor for guidance.

Scenarios

(Please note, these scenarios are not for properties with parking within the same development - see Further Guidance page - Mapping a Flat with Parking in Another Block for such properties.)

1. Flat in one tenement, garage in another tenement

DIR description of First place subjects the upper floor flat of Tenement no 127 as described in Deed X (see deed plan, right), together with various rights to garden ground, access paths, etc within the tenement steading extent for no 127. Separate burdens deeds apply to the First place subjects.
DIR description of Second place subjects the garage at Tenement no 125 as described in Deed Y (see deed plan, right), together with various rights to access driveways, etc within the tenement steading for no 127. Separate burdens deeds apply to the Second place subjects.
It is not appropriate to combine these two, separate tenements into a larger multi-block tenement steading cadastral unit. It is not possible to issue a single title sheet that links to two tenement steading cadastral units. Therefore, the application to register the DIR should be split into two applications, generating two title sheets and two tenement steading cadastral units.
Title 1, being the title to the flat at no. 127 & its pertinents, all forming part of tenement steading cadastral unit 1 which will be shown edged red on the primary ungrouped layer of the cadastral map Plans references for the flat or its pertinents will be shown in a grouping containing the supplementary data for Title 1. The burdens deeds relating to Title 1 will be included in the burdens section of this title sheet.
Title 2, being the title to the garage at no. 125 & its pertinents, all forming part of tenement steading cadastral unit 2 which will be shown edged red on the primary ungrouped layer of the cadastral map Plans references for the garage or its pertinents will be shown in a grouping containing the supplementary data for Title 2. The burdens deeds relating to Title 2 will be included in the burdens section of this title sheet.

2. House, with internal parking space within a tenement

DIR description of First place subjects The dwellinghouse no 38 as described in Deed X (see deed plan, right), together with various rights to access paths, etc as fully defined in Deed X. Separate burdens deeds apply to the First place subjects.
DIR description of Second place subjects The eastmost garage of the row of 5 internal garages hatched brown on the ground floor of the Tenement no 102-110 (evens) coloured yellow as fully described in Deed Y (see deed plan, right), together with various rights to access, etc within the tenement block and within the development. Separate burdens deeds apply to the Second place subjects.
It is not appropriate to combine these two subjects into a single cadastral unit and title sheet because: the First place subjects are a house, therefore they cannot form part of a tenement steading cadastral unit; the subjects are several hundred metres apart; and although it would technically be possible to use (positive or negative) restrictive notes to include the Second place subjects, the internal garage, within the house's cadastral unit, and to specifically exclude it from the tenement steading cadastral unit for the tenement block 102-110, this would result in a particularly complex title sheet (for instance, although the garage would be excluded from the tenement steading cadastral unit, all the plans references for the block, development, etc would still be required so that the rights & burdens relating to the second place subjects could be included in the title sheet). Therefore, in scenarios such as this, the most practical solution is for the application to register the DIR to be split into two applications, generating two title sheets and two cadastral units (one of which will be a tenement steading cadastral unit).
Title 1, being the title to the dwelling house no. 38, comprising cadastral unit 1 which will be shown tinted pink on the primary ungrouped layer of the cadastral map Plans references for the access path, etc will also be shown on the cadastral map. The burdens deeds relating to Title 1 will be included in the burdens section of this title sheet.
Title 2, being the title to the internal garage on the ground floor of the Tenement no 102-110, all forming part of tenement steading cadastral unit 2 which will be shown edged red on the primary ungrouped layer of the cadastral map Plans references for the garage or its pertinents will be shown on a grouping containing the supplementary data for Title 2. In this particular example, the plans settler has decided that a plans reference is also required for the deed of conditions for the development, and this will be shown edged brown on the primary ungrouped layer of the cadastral map. The burdens deeds relating to Title 2 will be included in the burdens section of this title sheet.

3. Flat in a tenement, with a remote garage

DIR description of First place subjects the upper floor flat no 3 of Tenement no's 3 & 5 as described in Deed X (see deed plan, right), together with various rights to garden ground, access paths, etc within the tenement steading extent for no's 3 & 5. Separate burdens deeds apply to the First place subjects.
DIR description of Second place subjects Lock-up garage no. 10, being the 10th garage from the east end of the most southerly row of garages on the site situated at the southwest corner of Polmuir Road and Sycamore Place as described in Deed Y (see deed plan, right), together with various rights to access roads, wash bays, etc. Separate burdens deeds apply to the Second place subjects.
It is not appropriate to extend the tenement steading cadastral unit for the block of flats to include this remote garage. This decision was reached because the following points were considered together: The garage is not a pertinent of the flat, instead it is a garage that is owned by the owners of the flat; there are separate sets of burdens relating to the flat and garage; the flat and garage are relatively remote from each other; there are rights pertaining to the garage that are held in common with the owners of the other 39 garages, not with the other owners of the flats in the tenement. It is not possible to issue a single title sheet that links to two cadastral units - in this example, one a tenement steading cadastral unit, one a cadastral unit for a plot of land. Therefore, the application to register the DIR should be split into two applications, generating two title sheets and two cadastral units.
Title 1, being the title to the upper floor flat no 3 of Tenement no's 3 & 5 & its pertinents, all forming part of tenement steading cadastral unit 1 which will be shown edged red on the primary ungrouped layer of the cadastral map Plans references for the flat or its pertinents will be shown on a grouping containing the supplementary data for Title 1. The burdens deeds relating to Title 1 will be included in the burdens section of this title sheet.
Title 2, being the title to the garage & its pertinents. As there are several 1979 Act titles for other garages that already have registered rights in common to the common areas, the transitional provisions in section 4 of the 2012 Act apply. No shared plot(s) will be set up for the common areas The garage is therefore tinted pink in cadastral unit 2 on the primary ungrouped layer of the cadastral map, with the rights in common tinted blue and yellow also on the cadastral map. The burdens deeds relating to Title 2 will be included in the burdens section of this title sheet.