Map the title
3.1 Map the cadastral unit based on the RA extent, taking into consideration any decisions made at step 1.13 and 1.14 on Plans - Prepare for Mapping - KIR (Public).
3.2 Amend the mapping of the cadastral unit to exclude any registered titles for non-tenemental / flatted properties.
- Where possible map the subjects using the tinting method to avoid using green tint exception references. 'White out' (tint white) any island sites. It may be possible, depending on the size of the RA, to make use of functionality within MaGIS for the initial mapping of the subjects - the 'Difference' function will map out all registered titles within the RA as a start point, though manipulation in DMS will still be required.
- There is no need to check the extent of existing registered titles. The KIR title should be mapped to adjoin existing registered titles.
- If there is any discrepancy between the extent of an existing registered title and the OS Map and the discrepancy is minimal, i.e. within tolerance or as a result of a map update, complete a P110 form and send it to Mapbase Maintenance to request an MU to update the title’s extent. Ensure that the updated extent is authorised on the DMS and available for MBM to copy & paste. Ask MBM to add a DMS casenote advising of the reason for the extent update.
- If there is any doubt a quick check of the title extent can be made.
3.3 Amend the mapping of the cadastral unit to exclude any non tenemental / flatted properties previously conveyed but whose title remains in the Sasine Register.
3.3.1 These properties should have been identified at the RA title investigation stage. Check the Sasine Register to ensure all previously conveyed properties have been identified.
3.3.2 Check the search sheet images inthe RA folder for unaddressable subjects identified at the RA title investigation stage, e.g. sub-stations.
3.3.3 Examine the extent of all sasine titles to identify the legal title in relation to the subjects being registered.
- Deeds recorded in the Sasine Register are available to view in the Deed Search Tool.
- Care should be taken if the boundaries are not fully defined on the OS map; for example, if the division between properties is not defined at the front of the property there may be a common driveway or path.
If the KIR title includes pends that are not owned in common, a restrictive note must be added to the property section where the KIR title does not include the whole of the building above the pend(s). Similarly, if the KIR title includes the building above a pend (or part thereof), but not the pend, a restrictive note must be added. Reference these parts / areas on the cadastral map. Further guidance and examples are available at step 1.13 on Plans - Prepare for Mapping - KIR (Public).
If the KIR title includes pends that are owned in common, further consideration should be given to the references and notes used to ensure that they are not contradictory or inconsistent.
If the KIR title includes a part of a building on a particular floor only (for example, the KIR title includes a first floor room above a ground floor room that pertains to the adjacent house), a restrictive note must be added to the property section. Reference these parts / areas on the cadastral map. Further guidance is available at step 1.13 on Plans - Prepare for Mapping - KIR (Public).
If the KIR title includes a pro indiviso share or right in common to the solum of part of the building, further consideration should be given to the references and notes used to ensure that they are not contradictory or inconsistent.
3.4 Check the titles for each tenement or block of flatted properties within the RA to determine:
- How many flats within each tenement or block have been registered
- How many flats within each tenement or block have been conveyed by the council but whose title remains in the Sasine Register
- How many flats within each tenement or block the council retain ownership of.
3.5 Amend the mapping of the cadastral unit to exclude tenement steadings, if appropriate, following the guidelines below:
3.5.1 If all flats within the tenement or block of flatted properties have been conveyed, except the entire tenement steading from the KIR title.
- Determine the extent of the tenement steading from examination of the Land Register and / or sasines titles. Deeds recorded in sasines are available to view in the Deed Search Tool.
- There is no need to create a separate cadastral unit for the tenement steading at this stage. Pass details of any properties (addresses and search sheet details) within the tenement steading that are still in the Sasine Register to the KIR (Private) team for consideration of whether or not those properties can be registered under KIR.
3.5.2 If at least one flat in the tenement or block of flatted properties has been conveyed by the council and its title remains in the Sasine Register and the council retains ownership of a flat within the block, except the entire tenement steading from the KIR title.
- Determine the extent of the tenement steading from examination of the sasines title(s) and any registered flat titles. Deeds recorded in sasines are available to view in the Deed Search Tool.
- Create a separate tenement steading cadastral unit and KIR title for the tenement being excepted.
- Where possible this tenement steading cadastral unit should be edged red on the cadastral map.
- The property section of this additional KIR title sheet will only narrate the addresses of the flatted properties remaining in council ownership, unless the UPRN addresses cannot be matched to the addresses of any of the exceptions (in which case, all addresses within the tenement will be narrated).
- A schedule of exceptions narrating the flats previously disponed will be added to the property section by the legal settler.
- Advise the legal settler of the title numbers / sasines details / property details of the flats to be excepted.
- No plans references are required for the excepted properties (the legal settler may require references for any servitudes / real burdens created in the breakaway or other deeds).
3.5.3 If there is an existing tenement steading cadastral unit within the RA extent, except that cadastral unit from the KIR title.
- If the council retain ownership of a flat within that existing tenement steading cadastral unit, create an additional KIR title for that tenement steading extent.
- Make the title number for the tenement KIR title the tenement steading cadastral unit number.
- This additional KIR title will be the whole tenement steading cadastral unit under exception of previously disponed flats.
- The property section will only narrate the addresses of the flatted properties remaining in council ownership, unless the UPRN addresses cannot be matched to the addresses of any of the exceptions (in which case, all addresses within the tenement will be narrated).
- A schedule of exceptions narrating the flats previously disponed will be added to the property section by the legal settler.
- Advise the legal settler of the title numbers / sasines details / property details of the flats to be excepted.
- No plans references are required for the excepted properties (the legal settler may require references for any servitudes / real burdens created in the breakaway or other deeds).
- Create a TU application for each existing flat title that refers to the original tenement steading cadastral unit number and update the title sheet(s) to refer to the new KIR tenement steading cadastral unit number. Add a note to the application and title workdesks stating why the TU application has been created. Amend the DMS / LRS notes accordingly. If the application / title for the prior flat is still pending, email the plans settler and ask them to update that application / title to include the new KIR tenement steading cadastral unit number and amend the DMS / LRS notes accordingly.
- If the existing tenement steading cadastral unit is a restricted tenement extent then, if possible, based on the OS map and the conveyancing detail, create an appropriate new steading extent that encompasses the entirety of the block and its pertinents. If the existing title is registered, update it using a TU application (amending / adding DMS / LRS notes as appropriate); if it is pending, email the plans settler and ask them to (i) amend the extent to the new KIR tenement steading cadastral unit extent, (ii) update that application / title to include the new KIR tenement steading cadastral unit number and (iii) amend the DMS / LRS casenotes accordingly.
3.5.4 If the council retain ownership of a flat within the tenement or block of flatted properties and all flats conveyed have been registered under the 1979 Act provisions, the entire block will remain in the KIR title, subject to step 3.5.5.
- A schedule of exceptions narrating the flats previously disponed will be added to the property section by the legal settler.
- Advise the legal settler of the title numbers of the flats to be excepted.
- No plans references are required for the excepted properties (the legal settler may require references for any servitudes / real burdens created in the breakaway or other deeds).
3.5.5 If the addresses of some of the previously conveyed flatted properties cannot be matched to UPRN addresses, separate KIR titles will have been created for those tenement steadings (assuming the council retain ownership of the remainder of the tenement).
- Determine the extent of the tenement steading from examination of the sasines title(s) and any registered flat titles. Deeds recorded in sasines are available to view in the Deed Search Tool.
- Except the tenement steading from the main KIR title.
- Create a separate cadastral unit for the tenement steading being excepted.
- Where possible this tenement steading cadastral unit should be edged red on the cadastral map.
- As the UPRN addresses cannot be matched to the addresses of the exceptions, all addresses of the flatted properties within the tenement will be narrated in the property section.
- A schedule of exceptions narrating the flats previously disponed from the tenement will be added to the property section by the legal settler.
- Advise the legal settler of the title numbers / sasines details / property details of the flats to be excepted.
- No plans references are required for the excepted properties (the legal settler may require references for any servitudes / real burdens created in the breakaway or other deeds).
3.6 If an advance notice has been identified, or if the KIR (Public) team have been notified that a plans report has been submitted for a property within the pending KIR title, or if the KIR (Public) team have been notified that a property within the pending KIR title has been conveyed (but has not yet been registered), the property to which it relates should not be included in the KIR title.
3.6.1 If the property is a house plot only, amend the mapping to exclude it from the cadastral unit and delete the address from the property section. The property is treated as if title to it remains in the Sasine Register.
- In the event that the extent of the property cannot be determined, refer the application.
3.6.2 If the property is a flatted property follow the guidelines at step 3.5.
- In the event that the extent of the tenement cadastral unit cannot be determined, refer the application.
3.6.3 Note in a title note to legal that the address details have been amended and the reason why.
e.g. 112 Newmills removed from the extent as *plans report / advance notice submitted / KIR team advised that the address is a 'pending right to buy'. Search sheet to be left open for this address(es) (*Delete as appropriate).
3.6.4 If a plans report has been submitted, or the team has been notified that a property is a pending 'right to buy', note this in the Timings Spreadsheet under the ‘Notes’ column.
3.7 If a plans assistance IMP file exists in the DMS Index Layer, map the KIR title to adjoin that title.
- If a red hatch provisional ident exists, check the extent is correct and map to adjoin.
3.8 Examine the OS map and search sheet to determine if there are any non-addressable subjects within the RA (e.g. sub-stations) that may require to be excepted from the KIR title. It is not expected that the plans settler spends a long time searching for the ownership of non-addressable subjects.
- If ownership can be traced and the council no longer have title, amend the mapping to exclude the non-addressable subjects.
- If ownership cannot be traced, note this in a title note to legal.
3.9 Check the RA to establish whether there are any island sites that have been noted as not forming part of the RA but may be owned by the council, for example, a school.
3.9.1 If there is an island site such as a school, determine whether it is in council ownership - a search of the internet should establish whether or not it is. If unsure, refer to legal referral officer.
3.9.2 If it is in council ownership, the cadastral unit can be amended to include it.
3.9.3 If it appears that it (or part of it) may be in private ownership, and not in council ownership, no change should be made to the cadastral unit and the island site should remain excluded.
Occasionally, it may become apparent during the settle process that part of the RA subjects have been redeveloped and titles to various properties have been re-acquired by the council. If it is obvious that this has occurred, the individual titles may be amalgamated into the KIR title provided the amalgamation process takes less time than excluding the subjects from the KIR title.
3.10 Ensure that all mapping in the cadastral unit is Vector Perfect.
3.11 Check the hectarage of the cadastral unit using the drawing tool measurements box, and take a note if it measures 0.5 hectare or greater than 0.5 hectare.
3.12 Check the OS map to determine whether any railway boundaries affect the cadastral unit. If the KIR title adjoins a railway, check the extent deed for the RA to determine whether any railway boundaries were narrated and follow the guidance provided at Railway Boundaries.
- It is no longer the practice to label or letter these boundaries on the cadastral map; instead the detail relating to these boundaries is either (1) included in a property section note (simple boundaries), or (2) the deed describing the boundaries is incorporated into the title sheet by reference to the deed in the archive record (complex boundaries).
3.13 Check the OS map for any boundaries that appear to be water boundaries affecting the cadastral unit.
3.13.1 If a boundary adjoins water, see the Further Guidance page How to Identify Natural Water Boundaries.
3.13.2 If a water boundary affects, follow the guidelines in How to Map Natural Water Boundaries and incorporate them into the mapping of the cadastral unit.
3.14 Check for servitude rights and burdens that were identified at steps 1.12 and 1.13 on Plans - Prepare for Mapping - KIR (Public).
3.14.1 Incorporate any plans references for said servitudes and burdens into the mapping of the cadastral unit, taking into consideration any decisions made at step 1.13 on Plans - Prepare for Mapping - KIR (Public).
3.14.2 If the KIR title has multiple references and there is a deed of conditions which requires references that do not relate to ownership, consider whether such references need to be shown on the additional layer of the cadastral map. Refer application if this is the case.
3.15 Check the search sheet for any deeds that were dual recorded after 28 November 2004 and may contain servitudes and / or real burdens.
3.15.1 Incorporate any plans references for any servitudes and / or real burdens that affect the KIR subjects into the mapping of the cadastral unit, taking into consideration any decisions made at step 1.13 on Plans - Prepare for Mapping - KIR (Public).
- If the deed plan includes an incomplete plans reference, follow the guidance here.
3.16 Check for any leases that were identified at step 1.12 on Plans - Prepare for Mapping - KIR (Public).
3.16.1 Incorporate any plans references for said leases into the mapping of the cadastral unit following the guidance here.
3.17 Complete the DMS case notes & tenure using Maintain Title Details in the Syntegra forms.
3.17.1 Add tenure details.
Codes to be used in Tenure field
| code 1 | Real right | code 2 | Legal tenement |
|---|
O | ownership | L | Land (includes buildings & land covered by water) |
T | tenancy | M | Minerals |
|
| F | Fishing rights (Salmon, etc) |
The code to be entered for 2012 Act titles will be a 2-part code, taking the format "code1code2"
Examples:
Ownership of a plot of ground (with or without a building) will use code OL
Tenancy of a plot of ground (with or without a building) will use code TL
Ownership of the salmon fishing rights in a plot will use code OF
3.17.2 Add the postal address or clear description of the land contained in the cadastral unit.
- If the KIR title has multiple addresses there is no need to narrate these in the DMS casenotes.
Enter: Title tinted XXX (see property section for address details)
3.17.3 Enter the hectare size if required.
3.17.4 If there is a schedule of exceptions being added to the title sheet, note this in the casenotes, e.g.
See Schedule of Exceptions for flats excepted from the SITT
3.17.5 Enter details of any servitudes, following the guidance in Complete the DMS case notes
3.17.6 For all titles add the following note:
This is a KIR title
3.17.7 If supplementary data to the title is being shown on a plan, add a case note referring the viewer to the SPL index entry containing the supplementary data.
3.17.8 If the council's title was originally held under an ultra long lease which was converted under the Long Leases (Scotland) Act 2012 add the following note:
The subjects in this title formerly comprised the right of a tenant in a long lease. The right converted into ownership in terms of the Long Leases (Scotland) Act 2012.
3.17.9 Add any other relevant information to the case notes - see Further Guidance on Completing the Plans Casenotes.
3.18 Do your final checks. Check that all titles have been correctly removed / excepted from the RA extent and that no competing titles have been created.
- Ensure the print scale corresponding to the OS base map scale has been selected before closing & authorising, unless the title has paths, pends and other essential detail which is not visible at the base scale. If the title has paths, pends and other essential detail which is not visible at the base scale, ensure print scale is 1:1250 so that the references are visible.
- Ensure that all mapping in the cadastral unit is Vector Perfect.
3.19 Close and authorise the cadastral unit on the DMS.
3.20 View the authorised cadastral unit on the DMS and check to ensure that all references are correctly SET EXT to be viewed on the index layer.
- There is no need to print out a copy of the plan showing the cadastral unit as the legal settler will be able to view the title in Plan Viewer. If they are unsure of the extent they may ask for a print at a later stage.
- If supplementary data to the title sheet has have been assigned to the title, use the Select title version to print option in the Syntegra Title Admin menu to batch print both the cadastral unit and the supplementary data plan(s).
