Mapping Seabed

General

Section 113(1) of the 2012 Act provides that the seabed of the territorial sea of the United Kingdom adjacent to Scotland (including land within the ebb and flow of the tide at ordinary spring tides), falls within the definition of "land" for the purposes of registration in the land register. The territorial sea limit extends 12 nautical miles from the coast. The Keeper has introduced an additional single operational area for registration of seabed plots. Title numbers and cadastral units allocated to subjects registered in this operational area will be prefixed with SEA.

The conditions of registration state at section 23(1)(c) that the deed should sufficiently describe the plot to enable the Keeper to delineate the boundaries on the cadastral map. Therefore, as with any other plot of land, applications to register areas of seabed, or other rights in the sea, such as salmon fishing rights or rights to gather naturally occurring oysters and mussels, require to be delineated on the cadastral map.

Useful links

Description of seabed plot must be acceptable

Seabed registration guidance

Digital map data & digital deed plans

Seabed - splitting cadastral units

Mapping natural water boundaries

Additional seabed mapping requirements

Regulation 8 of the Land Register Rules etc. (Scotland) Regulations 2014, sets out that where the plot or right to be registered falls wholly within the sea or tidal waters, the deed must include a description of the plot using the projected coordinate system: OSGB 1936 - British National Grid (ESPG:27700).

The use of coordinates is a requirement even where:

the seabed plot is located in close proximity to, or adjoining, the coast, or
the seabed plot adjoins another defined feature on the OS Map, such as a pier or jetty, or
the plot includes, or is wholly comprised of, a defined feature on the OS Map, such as a pier or jetty, but the plot lies wholly below the Mean Low Water Springs (MLWS).

Cadastral unit split

In general terms the Keeper will split a title that contains both land and seabed at the MLWS, registering the seabed part in the county of SEA, and the land part in the appropriate land-based county. Each part will have a separate title sheet and cadastral unit. It is unlikely to be clear at intake that a cadastral unit split may be appropriate, therefore the decision to split a cadastral unit will be considered at plans settle stage.

Where the plot to be registered comprises areas above and below the MLWS, and the plans settler considers that a cadastral unit split may be necessary, they should refer the application to a senior caseworker. Further guidance is contained at Seabed - Splitting the Cadastral Unit into Land and Sea Plots.

Key points for plans settlers

The plans registration process for registering seabed is broadly similar to that for the registration of other areas of land. However, given the additional requirements set out above, there are some significant differences in how seabed applications must be treated and processed. The key differences are set out below:

Mapping the seabed plot - OSGB36 coordinates

The deed being registered must contain a description of any wholly seabed plot based on OSGB36 coordinates.

See Description of Seabed Plot Must Be Acceptable for details of when the coordinates are required in a particular type of application.
The coordinates may be used by the plans settler to map the seabed plot on the cadastral map. In the Plan Creator, the the OS coordinate information of the current position of the cursor is displayed at the bottom of the Plan Creator window and can be used to accurately position each vector point.
Whilst it is the legal settler's responsibility to add a Schedule of Coordinates to the title sheet, the plans settler should add a title note to inform the legal settler that the plot has been mapped using OSGB36 coordinate information:

"Cadastral unit SEAxxx has been mapped using the OSGB36 coordinates information in [deed x / schedule y to deed x]."
Where a list of coordinates has been included as part of the digital data (see below) provided by the applicant, the plans settler should transfer this data into an excel spreadsheet for use by the legal settler where possible.

Mapping the seabed plot - reference to the MLWS

Where the seabed plot is bounded by the foreshore it is acceptable to describe that boundary by reference to the foreshore or the MLWS (mean low water, ordinary spring tides) as an alternative to providing coordinates for that particular boundary. The MLWS is a defined feature on the Ordnance Map, and it is acceptable for identification purposes to tie the boundary to this feature in the description in the deed.
For example the deed could narrate: "…the boundary between the points marked A and B on the plan follows the MLWS…"
In this example points A and B mark the points where the sea boundaries intersect with the MLWS. This method is particularly useful where the boundary in question follows a sizeable stretch of undulating coastline. Coordinate information must be provided for the other seaward boundaries.

The plans settler should therefore use a combination of the coordinates (see guidance, above) and the definition of the MLWS to plot the extent of the seabed plot on the cadastral map. Letter references (for example, A & B in blue) should be used to mark the ends of the boundary defined as the MLWS, and can be added using the label functionality in the Plan Creator. These letters will be used by the legal settler in the note accompanying the Schedule of Coordinates.
The plans settler should add a title note to inform the legal settler that the plot has been mapped using a combination of the OSGB36 coordinate information & the MLWS:

"Cadastral unit SEAxxx has been mapped using a combination of the coordinate information in [deed x / schedule y to deed x] and the MLWS [between points A & B in blue on the cadastral map]. [Coordinate data/No coordinate data] has been provided for the boundary following the MLWS."

Mapping the seabed plot - using digital data

In addition to providing a list of coordinates to identify the extent of a seabed plot, the applicant may also provide digital data for the extent of the plot. If this is not provided with the application, the plans officer may consider requesting the digital data, particularly where the extent of the seabed plot comprises a large number of coordinates.

It is likely that the majority of deeds relating to, or comprising, seabed will be granted by The Crown Estate. The Crown Estate have confirmed that the coordinate data will be available in a shapefile format for any seabed deeds they grant.

The guidance on Digital Map Data & Digital Deed Plans should be followed when considering to use digital data.

Mapping the seabed plot - circular plots

Sometimes, the seabed plot is a circular feature such as a mooring point, an anchor point, or the site of a turbine.

The description of the plot will be either: (1) a series of coordinates to define the edge of the circle, or (2) a single coordinate described as being the central point, together with a diameter or radius measurement.

The full extent of the circular feature should be plotted on the cadastral map. The Distance Offset tool in the Plan Creator can be used when plotting along a circle based on a centre point with a radius measurement.
If the circular plot is described by a central coordinate with a diameter or radius measurement, the legal settler will need to create a separate Schedule of Coordinates to the title sheet and add a note after giving the diameter or radius measurement. The plans settler should add a title note informing the legal settler that the plot or plots on the cadastral map have been mapped from this information:

"Cadastral unit SEAxxx has been mapped using the OSGB36 coordinates and radius/diameter information in [deed x / schedule y to deed x].";
or
"Those parts of cadastral unit SEAxxx tinted blue have been mapped using the OSGB36 coordinates and radius/diameter information in [deed x / schedule y to deed x]."

Mapping the seabed plot - territorial sea limit

The Territorial Sea Act 1987 provides that the territorial limit for Scottish waters is 12 nautical miles. Prior to the 1987 Act, the territorial sea limit was 3 nautical miles.

See Description of Seabed Plot Must Be Acceptable for details of when to accept or reject a description referring to the territorial limit.

If any part of a seabed plot defined in an application lies beyond the 12 nautical mile territorial sea limit, the cadastral unit will be restricted to exclude the part beyond the 12 nautical mile limit. Any application that appears to include seabed lying beyond the 12 nautical mile territorial sea limit should be referred to a senior adviser for consideration.

Mapping the seabed plot - leases

As with any other plot of land, it is possible to register a lease or sub-lease that consists of or includes seabed. If the ownership of the plot is not already registered, registration of a lease or sub-lease triggers Automatic Plot Registration (APR) in the normal manner. See the Further Guidance section Mapping Leases for details of the various aspects of mapping the landlord's and tenant's titles.

There will be cases where a lease is submitted for registration that straddles both land and seabed. If the ownership of the plot or plots is already registered, the lease title sheet will refer to the cadastral unit(s) for the plot(s). If APR is triggered, and it is decided that the ownership is to be split into a cadastral unit for the land and a cadastral unit for the seabed, the lease title sheet will refer to both cadastral units even though one is SEAxxx and the other is (for example) ANGxxx. See How to Map a Lease or Sub-lease Affecting More Than One Landlord's Title for guidance on the style of the lease title sheet.

As salmon fishing rights or the rights to gather naturally occurring oysters and mussels are separate tenements, it is also acceptable to register a lease or sub-lease of these rights. These are treated in the same manner as other leases, and will trigger APR of the ownership of those rights if this is not already registered in the land register.

Sample Property Section Styles - Seabed