OSGB36 Coordinates in Seabed Applications

General

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.

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.

Once a seabed plot is registered, there is no requirement to include the coordinate information for the boundaries of the plot in subsequent deeds registered against that title.

Useful Links

Mapping seabed

Seabed registration guidance

Description of seabed plot must be acceptable

Description of the seabed plot - OSGB36 coordinates

The deed being registered must contain a description of any wholly seabed plot based on OSGB36 coordinates. Use of any other system of coordinates is not acceptable. See Description of Seabed Plot Must Be Acceptable for details of when the coordinates are required in a particular type of application.

The coordinate information may be set out in a table format, either in the body of the deed or in a schedule or annex, or the information may be contained on the deed plan itself. Either method is acceptable provided the schedule or plan is properly incorporated into the deed.

A "plot of land", for the purposes of land registration, may comprise more than one area of land. Where the deed to be registered relates to a number of areas, and one or more is comprised wholly of seabed, OSGB36 coordinates should be provided for those wholly seabed parts.

Description of the seabed plot - reference to OSGB36 coordinates & the MLWS

Where the seabed plot is bounded by the foreshore it is acceptable to describe that boundary by reference to 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.

Coordinates and circular features

Where the seabed plot comprises a circular area, such as where a mooring or anchor point is located, use of a single coordinate is not sufficient for the keeper to plot the extent of the area on the cadastral map.
Circular areas should be defined either by: (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.

Plans and legal officers - responsibilities

It is a requirement that the OSGB36 coordinates are disclosed in the property section of the seabed title sheet, and a 'schedule of coordinates' has been added to the LRS for this purpose.

It is the responsibility of the legal settler to add the schedule of coordinates to the title sheet.
The plans settler should add a note to the title workdesk to inform the legal settler that the plot has been mapped using OSGB36 coordinate information.

Where a list of coordinates has been included as part of the digital data provided by the applicant, the plans settler should transfer this data into an excel spreadsheet for use by the legal settler where possible.