Mapping Seabed

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).  Full details on what is required in an application to describe a seabed plot can be read in guidance page Acceptable Seabed Plot Descriptions.

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).

Since the use of coordinate data will effectively determine the location and extent of the seabed plot for mapping purposes, the deed plan only needs to identify the location of the plot relative to the coastline of Scotland. For this reason, it is acceptable for the deed or location plan to be at a smaller scale than that specified in the deed plan criteria, provided the plot is described sufficiently by coordinates.

Cadastral unit split - separating land and seabed

It is normal practice for the Keeper to divide or split a cadastral unit where the plot being registered comprises both seabed and land or foreshore, i.e. where parts of the plot are located above and below the Mean Low Water Springs (MLWS). 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. The plans officer should initially check the extent of the plot against the OS map and establish if:

• the whole plot lies below the MLWS - the whole plot should be registered in the county of SEA;
• the whole plot lies above the MLWS (land or foreshore) - the whole plot should be registered in the appropriate landward registration county; or
• the plot lies partly above and partly below the MLWS (land or foreshore, and seabed) - consideration should be given to splitting the application into separate cadastral units and title sheets in the county of SEA and the appropriate landwards registration county.

Where the plot to be registered comprises areas above and below the MLWS, and the plans officer considers that a cadastral unit split may be necessary, they should refer the application to a senior caseworker who will make the decision on whether splitting the cadastral unit is appropriate or not. Alternatively, if the plot does not comprise areas above and below the MLWS but has been taken on against the wrong county (for example, the plot is actually foreshore rather than seabed but has been taken on in the county of SEA), the authorisation of a senior caseworker will be needed so the application can be cancelled and recreated in the correct county.  

Splitting the title will not be appropriate in all circumstances however:

• Where the plot straddles both seabed and land or foreshore, and these areas are occupied by a permanent feature, such as a jetty or pier, a cadastral unit split is not appropriate.
• Where the plot comprises one or more areas of seabed and land or foreshore, which on their own are very small or fragmented, it may not be practical or expedient to split the areas into separate cadastral units.

If the decision of the senior caseworker is that the application is to be split, the plans officer will then need to arrange for a second application to be created. This can be done by completing the L32 Intake Create Instructions form that can be found in the LRS and passing to an Intake officer. When completing the L32, remember that the application types of both applications should be the same; for example, if the original application is an FR, then the additional application will normally be an FR too. The registration date of the additional application will be the same as the registration date of the original application. And no fee is charged to the applicant for the additional application as the splitting of the title is an admin process decided upon by the Keeper.

When the applications are returned from Intake, the plans officer should ensure that the two applications are processed together, and that movement notes are added to the LRS, for example, "Travelling with 24SEAxxxx". When mapping the two applications, the cadastral units will be split at the MLWS, resulting in the seabed part being registered in the county of SEA, and the land and/or foreshore part being registered in the appropriate land county. Each part will have a separate cadastral unit and title sheet, and the property section descriptions should reflect the part of the plot included in that particular title.

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. In addition to the reference or references required for the extent of the plot, there may also be plans references required for rights or burdens affecting the cadastral unit. Consideration of the size and shape of the polygons should be given when choosing the most appropriate plans reference to use in the Plan Creator. However, given the additional requirements set out above relating to the provision of coordinate data, 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. Full details of when coordinates are required in a particular type of application can be found in The Description of Seabed Plot Must Be Acceptable .

The coordinates supplied in the application may be used by the plans settler to help map the seabed plot on the cadastral map. In the Plan Creator, 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 must 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. Therefore, if digital data has not been provided for an application being granted by The Crown Estate and you feel it would be useful when mapping the seabed plot, please contact them to request the digital data.

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 The 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 plans senior caseworker 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 of 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.

See the section above relating to Digital Data - the majority of leases/sub-leases of seabed plots have The Crown Estate as one of the parties so it is likely that digital data is available to assist with mapping the plots being leased.

Some leases of seabed also include ancillary rights (such as rights of access, rights of mooring at mooring points, etc), and as with leases of inland plots of land these ancillary rights are not mapped on the cadastral map when registering a lease (or sub-lease). Instead the whole deed will be incorporated into the title sheet by reference to the archive record and therefore the information relating to the ancillary rights is not lost.

As salmon fishing rights or the rights to gather naturally occurring oysters and mussels are separate legal tenements, it is also acceptable to register a lease or sub-lease of these rights in the county of SEA. 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.