Description of Seabed Plot Must Be Acceptable

General

A key requirement for registration in the Land Register is that applications must provide a satisfactory description of the property to allow the keeper to accurately represent that plot of land on the cadastral map. Under section 113(1) of the 2012 Act, the seabed of the territorial sea of the UK adjacent to Scotland 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.

Where registration is in respect of an area of seabed, the task of accurately representing the position and boundaries of the plot on the cadastral map can be difficult, since many seabed plots will be located a distance from the coast where there is no OS detail. Special requirements are therefore in place for such applications.

Useful Links

Bounding Description of Property Must Be Acceptable

Acceptable Descriptions of Excepted Areas in a DIR

Deed Plan Criteria (external link)

Mapping Seabed

Digital Map Data & Digital Deed Plans

Requirements for descriptions of seabed

Regulation 8 of the Land Register Rules etc. (Scotland) Regulations 2014 sets out that there are two additional requirements that must be met when an application is submitted to register a seabed plot that falls wholly within the sea or tidal waters (including sea lochs, estuaries, tidal rivers and bays):

the deed must contain a description of the plot of land based on OSGB36 coordinates; and
the deed must contain a location plan identifying the position of the seabed plot in relation to the coast of Scotland.

(For more details on OS36GB coordinates, see Further Guidance Mapping of Seabed Titles.)

These are requirements even where the seabed plot is located in close proximity to/adjoining the coast or a defined feature on the OS base map. Regardless of the surrounding features, any plot that lies wholly below the Mean Low Water Springs (MLWS) must be described using coordinates. A failure to incorporate coordinate information into the deed in these circumstances will result in rejection of the application. This requirement applies only to seabed plots that are being registered for the first time, in order to assist in identifying the location of the plot. Coordinate information need not be supplied where the application for registration relates to an existing registered title that comprises seabed.

Where the plot comprises a single area that straddles both seabed and land not covered by water, the boundaries of the plot need not be described by reference to coordinates. However, there must be sufficient surrounding detail to enable the location of the boundaries of the plot to be accurately delineated on the cadastral map. If there is insufficient surrounding detail, coordinate information must be provided.

Therefore, when:

the application is for registration of a seabed plot that is bounded by the mean low water mark; or
the application is for registration of a plot that includes seabed and land above the mean low water mark,

a combination of the standard mapping requirements and the two specific seabed mapping requirements will be applied. See below for details:

DW applications

Application type

Subjects in deed

OSGB36 coordinates required?

Location plan identifying the position of the seabed in relation to the coast of Scotland required?

Comments

DW

(transfer of whole plot; or deed affecting whole plot, for example, a new security)

The plot is:

wholly seabed, or
part seabed, part land above the mean low water mark, or
seabed bounded by the mean low water mark.

No

It is sufficient for the deed inducing registration to refer to the title number of the registered title.

DW

(deed affecting part of plot, for example, a new servitude)

The affected part of the plot is:

wholly seabed, or
part seabed, part land above the mean low water mark, or
seabed bounded by the mean low water mark.

see comments

If an application is received to register a deed that affects part of a seabed plot (for example, a deed of servitude), please refer the application to a senior adviser for consideration.

FR applications

Application type

Subjects in deed

OSGB36 coordinates required?

Location plan identifying the position of the seabed in relation to the coast of Scotland required?

Comments

FR

plot is wholly seabed

Yes

Digital map data (for example, a Shape file) defining the extent of the plot may also be desirable if the boundaries are complicated or extensive, and can be submitted by the applicant in addition to the required coordinates and location plan.

FR

plot is seabed bounded by the mean low water mark

Yes

(see comments)

Yes

Although coordinates and a location plan are required because the plot is wholly within the sea, the Keeper's policy is that it is acceptable to describe the landward boundary as being the mean low water mark without providing coordinates for the whole of that boundary. Only the coordinates for the start and end point of that boundary are required.

Digital map data (for example, a Shape file) defining the extent of the plot may also be desirable if the boundaries are complicated or extensive, and can be submitted by the applicant in addition to the required coordinates and location plan.

FR

plot is part seabed, part land above the mean low water mark

No

(see comments)

No

(see comments)

As part of the subjects in the deed is not seabed, Regulation 8 does not apply. Therefore, there is no requirement upon the applicant to submit the OSGB36 coordinates and a supporting location plan for the part of the plot that is seabed. The applicant can use any suitable combination of acceptable descriptions to fully define the whole plot (see below), the key point is that the Keeper must be able to accurately map the plot on the cadastral map.

Where coordinates are supplied, the application may be split by the Keeper into two cadastral units and title sheets - one for the seabed within the operational area SEA, and one for the land above the mean low water mark within whichever registration county is appropriate. It is also acceptable to describe the landward boundary of the seabed plot as being the mean low water mark without providing coordinates for the whole of that boundary. Only the coordinates for the start and end point of that boundary are required.

Suitable styles include (but are not limited to):

- a deed plan (or plans) at an appropriate scale showing the whole plot (seabed and land)
- a deed plan at an appropriate scale showing the part of the plot above the mean low water mark, together with OSGB36 coordinates accompanied by a location plan for that part of the plot below the mean low water mark.
- a deed plan (or plans) at an appropriate scale showing the whole plot (seabed and land) together with OSGB36 coordinates for that part of the plot below the mean low water mark. (If the main deed plan shows the full extent of the seabed part of the plot, a location plan will not be necessary).

Digital map data (for example, a Shape file) defining the extent of the whole plot, or the part that comprises seabed, may also be desirable if the boundaries are complicated or extensive, and can be submitted by the applicant in addition to one of the acceptable styles of description.

TP applications

Application type

Subjects in deed

OSGB36 coordinates required?

Location plan identifying the position of the seabed in relation to the coast of Scotland required?

Comments

TP

new plot is wholly seabed

Yes

Digital map data (for example, a Shape file) defining the extent of the plot may also be desirable if the boundaries are complicated or extensive, and can be submitted by the applicant in addition to the required coordinates and location plan.

TP

new plot is seabed bounded by the mean low water mark

Yes

(see comments)

Yes

Although coordinates and a location plan are required because the plot is wholly within the sea, the Keeper's policy is that it is acceptable to describe the landward boundary as being the mean low water mark without providing coordinates for the whole of that boundary. Only the coordinates for the start and end point of that boundary are required.

Digital map data (for example, a Shape file) defining the extent of the plot may also be desirable if the boundaries are complicated or extensive, and can be submitted by the applicant in addition to the required coordinates and location plan.

TP

new plot is part seabed, part land above the mean low water mark

No

(see comments)

No

(see comments)

As part of the subjects in the deed is not seabed, Regulation 8 does not apply. Therefore, there is no requirement upon the applicant to submit the OSGB36 coordinates and a supporting location plan for the part of the plot that is seabed. The applicant can use any suitable combination of acceptable descriptions to fully define the whole plot (see below), the key point is that the Keeper must be able to accurately map the plot on the cadastral map.

Where coordinates are supplied, the application may be split by the Keeper into two cadastral units and title sheets - one for the seabed within the operational area SEA, and one for the land above the mean low water mark within whichever registration county is appropriate. It is also acceptable to describe the landward boundary of the seabed plot as being the mean low water mark without providing coordinates for the whole of that boundary. Only the coordinates for the start and end point of that boundary are required.

Suitable styles include (but are not limited to):

- a deed plan (or plans) at an appropriate scale showing the whole plot (seabed and land)
- a deed plan at an appropriate scale showing the part of the plot above the mean low water mark, together with OSGB36 coordinates accompanied by a location plan for that part of the plot below the mean low water mark.
- a deed plan (or plans) at an appropriate scale showing the whole plot (seabed and land) together with OSGB36 coordinates for that part of the plot below the mean low water mark. (If the main deed plan shows the full extent of the seabed part of the plot, a location plan will not be necessary).

Digital map data (for example, a Shape file) defining the extent of the whole plot, or the part that comprises seabed, may also be desirable if the boundaries are complicated or extensive, and can be submitted by the applicant in addition to one of the acceptable styles of description.

VR applications

If an application is received for Voluntary Registration that comprises an area of seabed, and coordinate data has not been provided, please refer the application to a senior adviser for consideration.

Location plans in seabed applications

Since the use of the coordinate data will determine the location and extent of the seabed plot for mapping purposes, the plan submitted need only identify the location of the plot as relative to the coast. For this reason the plan need not be at an appropriate scale to map from as set out in the deed plan criteria.

Circular plots

Sometimes, the seabed plot is a circular feature such as a mooring point, an anchor point, or the site of a turbine. It is acceptable to describe such a plot in two ways:

as a series of coordinates to define the edge of the circle, or
as a single coordinate described as being the central point, together with a diameter or radius measurement.

Descriptions of seabed boundaries by reference to the 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.

If a deed describes the seabed plot by verbal reference to "the territorial limit", this will be 3 or 12 nautical miles depending on whether the deed was granted before or after the 1987 Act respectively. A verbal description alone is not sufficient for mapping purposes - the applicant must still define all the boundaries of the seabed plot with OSGB36 coordinates and a location plan.

Salmon fishings & other rights in the sea

Rights in the sea, such as salmon fishing rights or rights to gather naturally occurring oysters and mussels, are a separate tenement that constitutes a plot of land for the purposes of registration. As with any other plot of land they must be described sufficiently to allow the Keeper to delineate the boundaries on the cadastral map.

Historical title deeds may contain only a verbal description of such rights, for example, as being "ex adverso" the land to which they relate. This is not sufficient to define the plot for mapping purposes as it does not define the non-coastal boundaries of the plot. The applicant must determine the extent of salmon fishings, or other rights in the sea, in accordance with the seabed mapping requirements set out above.