Description of Seabed Plot Must Be Acceptable
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 OSGB36 Coordinates in Seabed Applications.)
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:
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.
Registers of Scotland (RoS) seeks to ensure that the information published in the 2012 Act Registration Manual is up to date and accurate but it may be amended from time to time.
The Manual is an internal document intended for RoS staff only. The information in the Manual does not constitute legal or professional advice and RoS cannot accept any liability for actions arising from its use.
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