Plans - Flatted Properties with Common Area(s) - KIR (Public)

Process Steps

Determine common areas

3.1 Check that the common areas identified at 2.1 are all fully defined and identifiable, for example:

• fully defined and identifiable on a deed plan
• described with a full bounding description
• already registered in the Land Register. 

3.2 If any of the common areas are not fully defined, or cannot be identified, or cannot be interpreted from other common areas in the vicinity, refer the application to the Plans HEO or legal referral officer as appropriate. 

• If an existing title sheet includes a common area that has not been shown on the cadastral map but is described by reference to a future uncertain event or the description of the common area is such that the area is unidentifiable / unmappable, those common areas can be included in the KIR title. 
• If the breakaway deed for an unregistered plot purports to transfer a common area that is described by reference to a future uncertain event or the description of the common area is such that the area is unidentifiable / unmappable, those common areas can be included in the KIR title.

3.3 Determine the level of ownership retained by the council for each common area within the RA.

• Examine Land and Sasine Register titles to ascertain which properties have a pro indiviso share or right in common to the common area, and, if a pro indiviso share, what share they have. If it is not clear whether pro indiviso shares or rights in common have been conveyed, examples and guidance is available at Plans - Prepare for Mapping - KIR (Public) under "Common Areas".
• Take a note of the results of this examination as the legal officer will need to be advised of the title numbers / sasines details (search sheet numbers) of those properties which have been conveyed a pro indiviso share / right in common.
• If the shares previously conveyed add up to 100% or more, the council will have no residual ownership. 

3.4 Check whether any of the common areas within the RA have been registered in the Land Register under the 1979 Act provisions.

3.4.1 If a share in any of the common areas within the RA has been registered under the 1979 Act provisions, all the shares in the common areas that remain in the council's ownership can be mapped under transitional provisions unless shared plot titles already exist.

• If a shared plot title already exists for a common area that pertains to a house plot, the KIR title will become a sharing plot. Create an Add Share 'AS' application for that common area following the guidance here.
• If a shared plot title already exists for a common area that pertains to flatted properties, the KIR title may become a sharing plot; if so, create an Add Share ‘AS’ application for that common area following the guidance here.

In some circumstances, separate tenement steading cadastral units and KIR titles may be created for the tenements that share the common area; in those cases Add Share ‘AS’ applications linked to those additional KIR titles should be created for the common area following the guidance here. 

Any other common areas can be mapped under transitional provisions and the KIR title will be a hybrid title in respect of common areas.

3.4.2 If no shares in any of the common areas within the RA have been registered under the 1979 Act provisions transitional provisions cannot be applied and unless they can be treated as pertinents Shared Plot titles will need to be created or added to for the common areas. It is anticipated given the maturity of the Land Register that this will be a rare occurrence. 

• In the event of the sasine title including an unspecified share in a common area (for example "a right in common to the area coloured blue on the plan annexed hereto"), with the result that the council's share cannot be determined, the application should be referred.

Map the title

4.1 Map the cadastral unit based on the RA extent, taking into consideration any decisions made at steps 1.13 and 1.14 on Plans - Prepare for Mapping - KIR (Public) and at steps 3.1, 3.2 and 3.4 above. 

4.2 Amend the mapping of the cadastral unit to exclude any registered titles for non-tenemental / flatted properties, including any related shared plot titles.

• 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 case note advising of the reason for the extent update.
  • If there is any doubt a quick check of the title extent can be made. 

4.3 Amend the mapping of the cadastral unit to exclude any non tenemental / flatted properties previously conveyed but whose title remains in the Sasine Register.

4.3.1 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.

4.3.2 Check the search sheet images in the RA folder for unaddressable subjects identified at the RA title investigation stage, e.g. sub-stations

4.3.3 Examine the extent of all sasines 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 pend(s) 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. 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 said part of the building, further consideration should be given to the references and notes used to ensure that they are not contradictory or inconsistent. 

4.4 Reference common areas pertaining to non-tenemental properties where either transitional provisions are being applied or they can be treated as pertinents. 

• All common areas with the same level of ownership retained by the council can be given the same plans reference. For example, all paths in which they have retained a 1/2 pro indiviso share could be tinted yellow, all paths in which they have retained a 1/3 pro indiviso share could be tinted blue etc. 
• If there are multiple common areas with different levels of ownership, tints and label references may be required to reference / differentiate them. 

4.5 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.

4.6 Amend the mapping of the cadastral unit to exclude tenement steadings, if appropriate, following the guidelines below: 

4.6.1 For tenements with no rights to external common areas follow the guidance at step 3.5 on Plans - Flatted Properties with no Common Areas - KIR (Public)  

4.6.2 For tenements with rights to external common areas where transitional provisions can be applied follow the guidance at step 4.7 below.

4.6.3 For tenements with rights to external common areas where transitional provisions can not be applied follow the guidance at step 4.8 below. 

4.7 If the RA contains tenements with rights to external common areas and transitional provisions can be applied (i.e.shares in a common area within the KIR title are already registered in an existing 1979 Act title sheet), follow the instructions below for those tenements.

4.7.1. If all flats in all the tenements that have an interest in the external common area have been conveyed and all shares / rights to the external common area have also been conveyed (i.e. the council retains no flats in any of the tenements and no share / rights in the external common area), except the tenement steadings and the external common area from the KIR title.

• Determine the extent of the tenement steading and external common area 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 separate cadastral units for the tenement steadings at this stage. Pass details of any properties (addresses and search sheet details) within the tenement steadings 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. 

4.7.2. If the council retain ownership of a flat within a tenement along with a right to the external common area and (I) there is no title to another flat in that tenement still in sasines and (II) there is no existing tenement steading cadastral unit for that tenement, that tenement and the external common area remain in the KIR title, subject to 4.7 (5) below.

• A schedule of exceptions narrating the flats previously disponed from that tenement will be added to the property section by the legal settler. The inclusion of the flats in the schedule of exceptions will also except shares in the external common area from the KIR title.
• 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). 

4.7.3. If the council retain ownership of a flat within a tenement, and there is another flat in that tenement with a right to an external common area whose title is still in sasines, except the tenement from the KIR title.

• Determine the extent of the tenement steading and external common area 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, however follow the guidance on Tenement Scenarios. 
  • Extend the extent of this tenement steading cadastral unit to include the external common area and provide a reference for the external common area 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 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).
  • A restrictive note in respect of the external common area will be added to the property section by the legal settler to indicate the number of shares included in the additional KIR title. The number of shares included in the additional KIR title will be based on the number of flats in the tenement, subject to the number of flats referred to in the schedule of exceptions. 
• For the main KIR title, the whole of the above-mentioned red edge cannot be whited out. This is because some shares in the external common area will be retained by the council and included in the main KIR title, unless (i) all flats which would have a share in or right to the external common area have been disponed, along with all the shares in the common area, or (ii) separate cadastral units are created for each tenement that would have shares in or rights to the external common area. Only the tenement itself and any common rights pertaining solely to that tenement can be excepted (whited out).
  • Reference the external common area on the cadastral map for the main KIR title.
  • The property section of the main KIR title sheet will only narrate the addresses of the flatted properties within the main KIR remaining in council ownership.
  • A schedule of exceptions narrating flats previously disponed from other tenements (and now registered) will be added to the property section by the legal settler.
  • Advise the legal settler of the title numbers of 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).
  • A restrictive note in respect of the external common area will be added to the property section by the legal settler to indicate the number of shares included in the main KIR title. The number of shares included in the main KIR title will be based on the number of flats in the main KIR title that share the external common area, subject to the number of flats referred to in the schedule of exceptions.

Example.

Main KIR Title is tinted pink on the cadastral map:

In one of the blocks there is a flat in sasines, 39 McKinlay Crescent Blackness which has a 1/4 pro indiviso share in the solum tinted blue and the ground tinted pink, and a 1/18th pro indiviso share along with other properties at 25-59 McKinley Crescent in the area tinted yellow:

1. Create a tenement steading cadastral unit that encompasses the block and the external common area, and provide a reference for the external common area on the cadastral map. 

Tenement Steading Cadastral Unit:

1.1. Add the property section description etc. 

Once completed by the legal settler, the property section for the Tenement Steading Cadastral Unit title will include: 

Subjects cadastral unit XXXXX 41, 43, and 45 McKINLAY CRESCENT, BLACKNESS EH49 7NS edged red on the cadastral map under exception of the parts specified in the Schedule of Exceptions below.

Schedule of Exceptions

Note: As to the part tinted yellow on the cadastral map only 4/18 pro indiviso share is included in this cadastral unit, subject to the exceptions narrated in the Schedule of Exceptions above.

In this example the tenement consists of 4 flats and prior conveyancing indicates that each flat is allocated 1/18th share in the external common area tinted yellow on the cadastral map. The restrictive note in the property section will narrate the total number of shares pertaining to that block, i.e. four flats - four shares. The share disponed in the prior title is taken into account in the Schedule of Exceptions. No other plans references are required for the subjects excepted.

2. For the main KIR title, white out the tenement 39-45 McKinlay Crescent and provide a reference for the external common area on the cadastral map.

Main KIR title cadastral unit:

The legal settler will add a restrictive note to the property section:

Note: As to the part tinted yellow on the cadastral map only 14/18 pro indiviso share is included in this cadastral unit, subject to the exceptions narrated in the Schedule of Exceptions above. 

In this example the tenement 39-45 McKinlay Crescent is whited out because all of it is now within the new tenement steading cadastral unit extent, but the external common area cannot be whited out because shares in it remain in the main KIR title. This is reflected in the main KIR title by the yellow tint and property section note, which narrates the total number of shares remaining, subject to any further exceptions (i.e. any flats from other tenements that have been registered under the 1979 Act).

4.7.4 If there is an existing tenement steading cadastral unit which includes the external common area (registered under the transitional provisions because of a prior 1979 Act registered flat), the whole of the red edge extent of that cadastral unit cannot automatically be excepted (whited out) from the KIR title. This is because some shares in the external common area will be retained by the council and included in the KIR title, unless (i) all flats which would have a share in or right to the external common area have been disponed, along with all the shares in the common area, or (ii) separate cadastral units are created for each tenement that would have shares in or rights to the external common area.

For the main KIR title:

• Except (white out) the tenement itself and any common rights pertaining solely to that tenement.
• Reference the external common area on the cadastral map for the main KIR title.
• The property section of the main KIR title sheet will only narrate the addresses of the flatted properties within the main KIR title remaining in council ownership.
• A schedule of exceptions narrating any flats previously disponed from other tenements (and now registered) 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. (If title to any flats from other tenements is in sasines see guidance at 3 above).
• 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).
• A restrictive note in respect of the external common area will be added to the property section by the legal settler to indicate the number of shares included in the main KIR title. The number of shares included in the main KIR title will be based on the number of flats in the main KIR title that have a share in the external common area, subject to the number of flats referred to in the schedule of exceptions. 

For the existing tenement steading cadastral unit:

• If the council retain ownership of a flat within that existing tenement steading cadastral unit, create a separate KIR title for that tenement steading cadastral unit.
  • The title number for this additional KIR title will be the tenement steading cadastral unit number. This additional KIR title will be the whole tenement steading cadastral unit under exception of any previously disponed flats. For the avoidance of doubt, the additional KIR title will only include a share of the external common area.
  • Where possible the tenement steading cadastral unit should be edged red on the cadastral map, however follow the guidance on Tenement Scenarios. 
  • Reference the external common area 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).
  • A restrictive note in respect of the external common area will be added to the property section by the legal settler to indicate the number of shares included in the additional KIR title. The number of shares included in the additional KIR title will be based on the number of flats in the tenement, subject to the number of flats referred to in the schedule of exceptions.
  • 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. 

4.7.5. 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 and external common area 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 cadastral unit for the tenement steading being excepted.
  
  • Where possible this tenement steading cadastral unit should be edged red on the cadastral map, however follow Tenement Scenarios.
  • Extend the extent of this tenement steading cadastral unit to include the external common area and provide a reference for the external common area 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).
  • A restrictive note in respect of the external common area will be added to the property section by the legal settler to indicate the number of shares included in the additional KIR title. The number of shares included in the additional KIR title will be based on the number of flats in the tenement, subject to the number of flats referred to in the schedule of exceptions. 
• For the main KIR title, the whole of the above-mentioned red edge cannot be whited out. This is because some shares in the external common area will be retained by the council and included in the main KIR title, unless (i) all flats which would have a share in or right to the external common area have been disponed, along with all the shares in the common area, or (ii) separate cadastral units are created for each tenement that would have shares in or rights to the external common area. Only the tenement itself and any common rights pertaining solely to that tenement can be excepted (whited out).
  • Reference the external common area on the cadastral map for the main KIR title.
  • The property section of the main KIR title sheet will only narrate the addresses of the flatted properties within the main KIR title remaining in council ownership.
  • A schedule of exceptions narrating flats previously disponed from other tenements (and now registered) 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. (If title to any flats from other tenements is in sasines see guidance at 3 above).
  • 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).
  • A restrictive note in respect of the external common area will be added to the property section by the legal settler to indicate the number of shares included in the main KIR title. The number of shares included in the main KIR title will be based on the number of flats in the main KIR title that share the external common area, subject to the number of flats referred to in the schedule of exceptions.

4.7.6 Separate tenement steading cadastral units for every tenement that has an interest in the external common area can be created in order to remove the external common area from the main KIR title. This should only be done if it will make the settling process quicker / easier than retaining some flats / shares in the external common area in the main KIR title.

4.8 If the RA contains tenements with rights to external common areas and transitional provisions cannot be applied, follow the guidance below.

4.8.1 Where there is an existing tenement steading cadastral unit and associated shared plot cadastral unit, map the KIR title to exclude both cadastral units.

1. 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.

• The title number for this additional KIR title will be the tenement steading cadastral unit number. This additional KIR title will be the whole tenement steading cadastral unit under exception of the previously disponed flats.
• 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 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 an AS application for the additional KIR title to update the shared plot title sheet for the external common area. The shares allocated to the additional KIR title should be based on the number of flats retained by the council in that tenement. Before allocating shares check that the council have retained enough shares in the common ground for this to be done.
• Create a TU application for any existing flat titles that refer to the original tenement steading cadastral unit number and update the title sheet(s) to refer to the 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 for an existing flat title is still pending, email the plans settler and ask them to amend the cadastral unit number and update DMS / LRS case notes accordingly.

2. Create an AS application for the main KIR title to update the shared plot title sheet for the external common area. The shares allocated to the main KIR title should be based on the number of flats retained by the council in that title. Before allocating shares, check that the council have retained enough shares for this to be done.

Example 

Flat 57 Main Street Blackness has a 1/16 pro indiviso share in a common area and is already registered under the 2012 Act. A separate shared plot cadastral unit exists for the common area. 

WLN1: Subjects part of cadastral unit WLN1 edged red on the cadastral map 57 MAIN STREET, BLACKNESS EH49 7ND being the southwestmost upper house of the block 57 to 63 MAIN STREET. 

Shared Plot WLN2, registered to the extent of 1/16 pro indiviso share.

The KIR title, WLN3, includes the remaining flats that have a share in the common area. Each flat has been allocated a 1/16 pro indiviso share in the common area. 

• Amend the mapping of the KIR cadastral unit, WLN3, to exclude the existing tenement steading cadastral unit WLN1 and shared plot cadastral unit WLN2.

 Resulting Main KIR title WLN3:

The council still own 3 flats in the block 57-63 Main Street.

• Create new additional KIR title, WLN4, for the tenement steading cadastral unit 57-63 Main Street (same extent as WLN1).
• The property section addresses will be those remaining in council ownership - 59, 61, and 63 Main Street. A Schedule of Exceptions will be added by the legal settler to show 57 Main Street is not included in WLN4.
• Create AS application for the 3/16 pro indiviso share allocated to the additional KIR title WLN4 and update the shared plot title WLN2. 
• Create TU application for title number WLN1 and update the cadastral unit number to WLN4.
• Add a note to the application and title workdesks stating why the TU application has been created.
• Update the DMS / LRS case notes.
• Create AS application for the main KIR title, WLN3, for the 12/16 pro indiviso share allocated to WLN3 and update the shared plot title WLN2.

4.8.2 Where there is no existing tenement steading cadastral unit and associated shared plot cadastral unit.

1. If the council retain ownership of a flat within the tenement, and there is another flat in the tenement whose title is still in sasines (which has a share in the external common area), the entire tenement and external common area will be excluded from the KIR title.

• Create a separate tenement steading cadastral unit and KIR title for the tenement steading being excluded.
• 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 sasines 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 shared plot cadastral unit for the external common area as this is the first time the common area is being registered. The shares allocated to the additional KIR title should be based on the number of flats retained by the council in that tenement. Before allocating shares check that the council have retained enough shares for this to be done.
• Create an AS application for the main KIR title to update the shared plot cadastral unit for the external common area. The shares allocated to the main KIR title should be based on the number of flats retained by the council in that title. Before allocating shares check that the council have retained enough shares for this to be done. 

2. If all the flats within the tenement have been disponed and their titles are still in sasines (with shares in the external common area), the entire tenement and external common area will be excluded from the KIR title.

• As the council no longer own a flat in the tenement a separate KIR title will not be created for the tenement.
• If the council retain shares in the external common area, a shared plot cadastral unit should be created for it as this is the first time the common area is being registered. The shares allocated to the KIR title should be based on the number of flats retained by the council in that title. Before allocating shares check that the council have retained enough shares for this to be done.

4.9 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.  

4.9.1 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.

4.9.2 If the property is a house plot with common area(s), check the OS map and the style / extent of any similar properties to determine the extent and level of ownership for any common areas pertaining to the property. Delete the address from the property section and amend the mapping to exclude the property from the cadastral unit following the guidelines at 4.4.

• In the event that the extent of the property cannot be determined, refer the application.

4.9.3 If the property is a flatted property follow the guidelines at 4.6 - 4.8.

• In the event that the extent of the tenement cadastral unit or external common area (or shares in it) cannot be determined, refer the application.

4.9.4 Note in a title note to legal that the address details have has 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).

4.9.5 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. 

4.10 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. 

4.11 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 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. 

4.12 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.

4.12.1 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.

4.12.2 If it is in council ownership, the cadastral unit can be amended to include it.

4.12.3 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. 

4.13 Ensure that all mapping in the cadastral unit is Vector Perfect. 

4.14 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. 

4.15 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).

4.16 Check the OS map for any boundaries that appear to be water boundaries affecting the cadastral unit.

4.16.1 If a boundary adjoins water, see the Further Guidance page How to identify natural water boundaries.

4.16.2 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. 

4.17 Check for servitude rights and burdens that were identified at steps 1.12 and 1.13 on Plans - Prepare for Mapping - KIR (Public).

4.17.1 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).

4.17.2 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. 

4.18 Check the search sheet for any deeds that were dual recorded after 28 November 2004 and may contain servitudes and / or real burdens.

4.18.1 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. 

4.19 Check for any leases that were identified at step 1.12 on Plans - Prepare for Mapping - KIR (Public).

4.19.1 Incorporate any plans references for said leases into the mapping of the cadastral unit following the guidance here.

4.20 Complete the DMS case notes & tenure using Maintain Title Details in the Syntegra forms.

4.20.1 Add tenure details.

4.20.2 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 case notes.

Enter: Title tinted XXX (see property section for address details)

• If there are no addresses within the RA KIR title, follow the standard practice instructions on non-addressable subjects 

4.20.3 Enter the hectare size if required. 

4.20.4 If there is a schedule of exceptions being added to the title sheet, note this in the case notes, e.g.

See Schedule of Exceptions for flats excepted from the SITT 

4.20.5 Enter details of any common areas, for example,

Rights in common to the paths and pends tinted yellow are excepted.

As to the part tinted blue only a 1/2 share is included in this title. 

4.20.6 Enter details of any servitudes, following the guidance in Complete the DMS case notes 

4.20.7 For all titles add the following note:

This is a KIR title.

4.20.8 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. 

4.20.9 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.

4.20.10 Add any other relevant information to the case notes - see Further Guidance on Completing the Plans Casenotes.

4.21 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. 

4.22 Close and authorise the cadastral unit on the DMS. 

4.23 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 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).

Add LRS information

5.1 Open application on the LRS.

5.1.1 Open property section workdesk.

5.2 Complete the property section header information.

5.2.1 Select from the picklist to add the type of real right being registered to the Real Right field:

• Ownership; or
• Tenancy

5.2.2 Add the hectarage of the plot to the Hectarage field if it is 0.5 hectare or greater than 0.5 hectare, rounding the number up or down to one decimal place.

5.3 Complete the property description in the property section.

5.3.1 Check the address details correspond to those properties remaining within the extent of the mapped KIR title (use OS map and address list in the RA folder). Amend the details if necessary, taking into account any properties which have been registered, or had an advance notice or plans report submitted, or have been noted as 'sold' / 'sale pending', after the initial title investigation was done.

• Whenever possible, link the address to a gazetteer entry.
• If the KIR title comprises a tenement steading where the addresses of previously conveyed flatted properties cannot be matched to the UPRN addresses, all the addresses of the flatted properties within the tenement should be narrated.

 5.3.2 Add the prefix and suffix information to the property description:

• Whenever possible, use the picklist entries available to ensure consistency.
• The hectarage of the plot, if it is 0.5 hectare or greater than 0.5 hectare, is to be rounded up or down to two decimal places.
  
  

5.4 Add any property section notes that are required.

5.4.1 If there are pends within the RA restrictive notes are likely to be required, for example:

If transitional provisions are being applied to the KIR title:

• The building above the pend is excluded from the KIR title -  The parts of the buildings above the pends tinted mauve on the cadastral map do not form part of this cadastral unit.
• The pend is excluded (but the building above included) from the KIR title - The pends tinted mauve on the cadastral map do not form part of this cadastral unit.
• Any restrictive notes in respect of any common paths / pends etc will be added by the legal settler.

If a shared plot has been created for the pend, the title sheet for the pend should follow the style here.

• If the KIR title includes the building above the pend, add a restrictive note in the following style - As to the part tinted xxxx on the cadastral map, only the part of the building above the pend is included in this cadastral unit.
• Further guidance and examples are available at step 1.13 on Plans - Prepare for Mapping - KIR (Public).

5.4.2  If properties in the RA include rooms on only one floor of the building (e.g. House A has a bedroom on the ground floor and House B has a bedroom on the first floor immediately above) restrictive notes are likely to be required, for example:

If transitional provisions are being applied to the KIR title:

• The ground floor room is excluded from the KIR title - The parts of the buildings at ground floor level xxxx on the cadastral map do not form part of this cadastral unit.
• The first floor room is excluded from the KIR title - The parts of the buildings at first floor level xxxxx on the cadastral map do not form part of this cadastral unit.
• Examination of the properties conveyed is required to identify if any pro indiviso shares or rights in common to the solum and / or roof / roof space were also conveyed and, if so, what level of ownership the council retain in them.
• Any restrictive notes in respect of a common solum etc will be added by the legal settler. Plans should advise the legal settler which specific areas the council have a common share or right in as these will need to be distinguished from those parts that were not conveyed with such a share or right e.g. they may be arrowed and numbered instead of being tinted on the cadastral map.

If a shared plot has been created for the common solum, the title sheet for the common solum should follow the style used for pends but except the ground and first floor parts of the building. If the KIR title includes one of the rooms above the common solum, add a restrictive note in the following style - As to the part tinted xxxx on the cadastral map, only the XXX is included in this cadastral unit. 

5.4.3 Add a property section note if the cadastral unit is affected by a railway boundary if appropriate.

5.4.4 Add a property section note if the cadastral unit is affected by a natural water boundary and a reference is required.

5.5 Close property section workdesk and open title workdesk.

 Title notes & plan notes

There are two types of note that can be added in the title workdesk - title notes and plan notes. In almost all instances, the notes from plans to legal should be entered as title notes. The reason for this is that a plan note will automatically be copied through and added to the DMS case notes. Using a plan note when it is not necessary leads to cluttered DMS case notes that contain information that is not required for interpreting the cadastral map.

5.6 Add all necessary title notes - see Further Guidance on Completing the LRS Title Notes.

• Use templates if applicable;
• Use freetext notes if applicable;
• Complete all relevant fields in a template;
• For any fields that do not affect the plot being registered, either delete that field or add NIL;
• The first title note should read: This is a KIR title of RA XXXX;
• Provide details of any adjoining existing Public KIR titles - it may be beneficial to amalgamate the titles;
• Provide details of any extent issues for which a mapping decision has been made;
• Provide details of any non-addressable subjects which are within the RA but where the title deeds have not been traced;
• Provide details of any flatted properties to be excepted;
• If flat addresses cannot be matched to UPRN addresses add an explanatory note:

"All addresses in the block xxxx have been added to the property section in this case because the property section description of all of the exceptions do not contain an address which can be linked to UPRN address". 

5.6.1 Provide details of plans references supplied. These plans references will include:

• Extent of the cadastral unit.
• Common areas.
• Rights, burdens and servitudes, if any.
• Use a separate title note for each plans reference.

5.6.2 Where the council retain a pro indiviso share in common areas, provide details of (1) the share of the common area remaining in council ownership, (2) the title numbers / sasines details (search sheet numbers) of those properties that have been conveyed a pro indiviso share, together with the share that each property has, and (3) what the common area is, if possible, e.g. path, driveway.

Example scenarios: 

• Where the council has disponed a 1/2 pro indiviso share in a common area (or several common areas, all with the same reference):

Style of note to be used:

The paths tinted xxx on the cadastral map are paths where the council own a 1/2 pro indiviso share. The following titles have a 1/2 pro indiviso share disponed in their favour: CLKxxx, CLKyyy, CLKzzz....

• Where the council has disponed different pro indiviso shares in a common area (or several common areas, all with the same reference) with the result that they still own a half share, include the addresses of each cluster of properties that share the same common area (inclusion of the addresses helps the legal settler check and complete the property section):

Style of note to be used:

The paths tinted xxx on the cadastral map are paths where the council own a 1/2 pro indiviso share. The following titles have pro indiviso shares disponed in their favour:

1-4 Main Street - 1/4 shares in CLK123, CLK235

5-8 Main Street - 1/6 shares in CLK987, CLK876, CLK765

•  Where the council has disponed specific pro indiviso shares (other than 1/2) in a common area (or several common areas, all with the same reference), include the addresses of each cluster of properties that share the same common area (inclusion of the addresses helps the legal settler check and complete the property section):

Style of note to be used:

The areas tinted xxx on the cadastral map are areas where the council own a 1/4 pro indiviso share. The following titles have pro indiviso shares disponed in their favour:

1-4 Main Street - 1/4 shares in CLK123, CLK234, CLK345

5-8 Main Street - 1/4 shares in CLK987, CLK876, CLK765

•  If title to the common area is more complex because, for example, conveyancing relating to the common area is inconsistent:

Style of note to be used:

The path hatched xxx on the cadastral map is a path where the council own a 41/126 pro indiviso share. The following titles have the following shares disponed in their favour:

STGxxx - 1/14th share (9/126th)

STGxxxx - 1/14th share (9/126th)

STGyyy - 1/14th share (9/126th)

STGyyyy - 1/14th share (9/126th)

STGzzz - 1/9th share (14/126th)

STGzzzz- 1/9th share (14/126th)

STGxxyy - 1/6th share (21/126th)

(If the denominator of the share remaining in council ownership (126 in the above example) is different to the denominator of the shares in the existing title sheets (14, 9 and 6 in the above example), then legal should be advised of the shares pertaining to the existing title sheets using the common denominator (126 in the above example)).

5.6.3 Where the council has retained rights in common to a common area (or several common areas, all with the same reference) provide details of (1) the title numbers / sasines details (search sheet numbers) of those properties that have been conveyed a right in common, and (2) what the common area is, if possible, e.g. path, driveway.

Style of note to be used:

The paths tinted xxx on the cadastral map are paths where the council has disponed rights in common but which they retain an interest in. The following titles have rights in common disponed in their favour: CLKxxx, CLKyyy, CLKzzz…..

5.6.4 Where the prior conveyancing is inconsistent in that the council conveyed both pro indivisoshares and rights in common to the same common area, provide details of (1) the title numbers / sasines details (search sheet numbers) of those properties that have been conveyed a pro indivisoshare, together with the share that each property has, (2) the title numbers / sasines details (search sheet numbers) of those properties that have been conveyed a right in common, and (3) what the common area is, if possible, e.g. path, driveway.

Style of note to be used:

The path tinted xxx on the cadastral map is a path where the council has disponed both pro indiviso shares and rights in common but which they retain an interest in. The following titles have pro indiviso shares disponed in their favour:

STGxxx - 1/6th share

STGzzz - 1/10th share

STGyyy - 1/10th share

The following titles have rights in common disponed in their favour: STGxx, STGyy.

5.6.5 If a decision was taken to ignore a right to a common area and include it in the KIR title because it is unmappable / unidentifiable and to include the area in the KIR title, add a title note to advise the legal settler of this.

• Give details of the deed which contains the right.
• Give details of the right (e.g. right in common to the development common ground).

5.6.6 If a right, burden or servitude cannot be mapped but is to be included in the title sheet (see Plans References for Rights, Burdens and Servitudes), add a note to advise the legal settler of this.

• Give details of the deed which contains the right.
• Give details of the right.

5.6.7 If an additional KIR title has been created for a tenement steading cadastral unit, add a note to legal in the following style, as appropriate:

• An additional cadastral unit LAN229035 (18LAN00456) has been created for the tenement / block 5 High Street as flat 2/1 has been registered under the 2012 Act under title number LAN223321. A TU (18LAN00567) has been created to update the tenement cadastral unit number in that flat title to LAN229035.
• An additional cadastral unit LAN123789 (18LAN00145) has been created for the tenement / block 25 High Street as flat 3/1 has been sold but title to it remains in sasines on SS987655.

5.6.8 Add any other relevant information to the title notes.

5.7 Use the Apply button to save the changes made, Close the title workdesk, and Close the application workdesk.

5.8 On LRS, release the application(s) to legal settle.

5.9 On the Timings Spreadsheet complete

• the Unreg’d Plots column with the number of addresses in the property section
• the Time column with the time taken to settle the application.

This will show that the application has been plans settled.