Tenements - No Rights to External Common Areas - KIR (Public)

If the RA includes tenement(s) and there are no external common areas (being areas common to flats in more than one tenement) pertaining to those tenements, then follow the guidelines below.

Check and note:

• how many flats are in the tenement.
• which flats have been conveyed.
  
  

1. All flats in the tenement have been conveyed

If all flats within the tenement have been conveyed check that the entire tenement steading has been excepted (whited out) from the KIR title.

2. All conveyed flats in the tenement are registered in the Land Register (under the 1979 Act provisions)

If the council still own a flat in the tenement and all the conveyed flats are registered in the Land Register (under the 1979 Act provisions), then the tenement steading will remain in the KIR title - subject to 5 below (Flat address cannot be matched to UPRN address).

• Only those flats remaining in council ownership will be included in the description of the subjects.
• The plans settler will have provided details of previously conveyed flats along with the relevant title numbers.
• Check the information provided by plans against the flats identified at the search sheet / Plan Viewer check.
• Add schedule of exceptions for the flats previously conveyed.
  • In the Subjects field add brief details of the property conveyed including postal address, exclusive parts/areas (if any), pro indiviso shares/rights in common (if any), rights of access (if any), and the title number. For example,

13 Mill Drive, Law, with garden ground, rights in common and rights of access, registered under Title Number XXX.

2/2, 1 Avenue Street, Rutherglen, with rights in common, registered under Title Number XXX.

Northmost house on ground floor, 5 Candlemill Road, Stonehouse, registered under Title Number XXX.

• If the flat has a unique postal address there is no need to include the flat position.
• There will be no plans references provided for any exclusive or common parts/areas, however the description of the subjects should include a brief reference to any such areas/parts to indicate that the property excepted includes more than only the flat.
• If the excepted subjects have a servitude right, the reference to it in the schedule should not include a plans reference, even if one has been provided.
• If there are multiple pro indiviso shares/rights in common/other rights to different areas/parts there is no need to list them all, a simple reference such as “with rights in common” will suffice.
• The date added to the Date of Recording or Registration field should be the date the breakaway deed was recorded or registered.
• No plans references will be provided for the excepted flats – if references are required for any servitudes/real burdens add a note for plans on the title workdesk.

3. At least one conveyed flat in the tenement is in the Sasine Register

If the council still own a flat in the tenement and another flat in the tenement is still in sasines then the entire tenement will have been excluded (whited out) from the KIR title.

The plans settler will have created a separate tenement steading cadastral unit and KIR title for the tenement that has been excluded and provided details on the title N&I.

• Check that the extent of this separate tenement steading cadastral unit has been excluded from the main KIR title.
• The additional KIR title should be settled at the same time as the main KIR title.
• For the additional KIR title:
  • The subjects in the additional KIR title will comprise the tenement steading cadastral unit, under exception of previously conveyed flats.
  • Only those flats remaining in council ownership will be included in the description of the subjects, unless addresses of previously conveyed flats cannot be matched to UPRN addresses (in which case, all addresses within the tenement will be narrated).
  • The plans settler will have provided details of the previously conveyed flats along with the relevant title numbers/sasines details/property details.
  • Check the information provided by plans against the flats identified at the search sheet / Plan Viewer check.
  • Add schedule of exceptions for the flats previously conveyed.
• In the Subjects field add brief details of the property conveyed including postal address, exclusive parts/areas (if any), pro indiviso shares/rights in common (if any), rights of access (if any), and the title number (if applicable). For example,

13 Mill Drive, Law, with garden ground, rights in common and rights of access.

2/2, 1 Avenue Street, Rutherglen, with rights in common, registered under Title Number XXX.

Northmost house on ground floor, 5 Candlemill Road, Stonehouse, registered under Title Number XXX.

• If the flat has a unique postal address there is no need to include the flat position.
• There will be no plans references provided for any exclusive or common parts/areas, however the description of the subjects should include a brief reference to any such areas/parts to indicate that the property excepted includes more than only the flat.
• If the excepted subjects have a servitude right, the reference to it in the schedule should not include a plans reference, even if one has been provided.
• If there are multiple pro indiviso shares/rights in common/other rights to different areas/parts there is no need to list them all, a simple reference such as “with rights in common” will suffice.
• The date added to the Date of Recording or Registration field should be the date the breakaway deed was recorded or registered.
• In the event of a property being excepted because an advance notice or plans report has been submitted, or the KIR Public team has been notified that a property has been sold, the Date of Recording or Registration field should be completed with No Register.
• No plans references will be provided for the excepted flats – if references are required for any servitudes/real burdens add a note for plans on the title workdesk.

4. Flat in the tenement is already registered under the 2012 Act (cadastral unit for the tenement steading already exists)

If a previously conveyed flat was registered under the 2012 Act a tenement steading cadastral unit will have been created when that flat was registered. This tenement steading cadastral unit will have been excepted from the KIR title.

• Check that the extent of this tenement steading cadastral unit has been excluded from the KIR title. 

If the council still own a flat within that tenement steading cadastral unit then the plans settler will have created a separate KIR title for the extent of that cadastral unit and provided details on the title N&I.

• The additional KIR title should be settled at the same time as the main KIR title.
• For the additional KIR title:
  • The title number for this additional KIR title will be the tenement steading cadastral unit number.
  • The subjects in the additional KIR title will comprise the tenement steading cadastral unit, under exception of previously conveyed flats.
  • Only those flats remaining in council ownership will be included in the description of the subjects, unless addresses of previously conveyed flats cannot be matched to UPRN addresses (in which case, all addresses within the tenement will be narrated).
  • The plans settler will have provided details of the previously conveyed flats along with the relevant title numbers/sasines details/ property details.
  • Check the information provided by plans against the flats identified at the search sheet / Plan Viewer check.
  • Add schedule of exceptions for the flats previously conveyed.
    • In the Subjects field add brief details of the property conveyed including postal address, exclusive parts/areas (if any), pro indiviso shares/rights in common (if any), rights of access (if any), and the title number (if applicable). For example,

13 Mill Drive, Law, with garden ground, rights in common and rights of access.

2/2, 1 Avenue Street, Rutherglen, with rights in common.

Northmost house on ground floor, 5 Candlemill Road, Stonehouse, registered under Title Number XXX.

• If the flat has a unique postal address there is no need to include the flat position.
• There will be no plans references provided for any exclusive or common parts/areas, however the description of the subjects should include a brief reference to any such areas/parts to indicate that the property excepted includes more than only the flat.
• If the excepted subjects have a servitude right, the reference to it in the schedule should not include a plans reference, even if one has been provided.
• If there are multiple pro indiviso shares/rights in common/other rights to different areas/parts there is no need to list them all, a simple reference such as “with rights in common” will suffice.
• The date added to the Date of Recording or Registration field should be the date the breakaway deed was recorded or registered.
• In the event of a property being excepted because an advance notice or plans report has been submitted, or the KIR Public team has been notified that a property has been sold, the Date of Recording or Registration field should be completed with No Register.
• No plans references will be provided for the excepted flats – if references are required for any servitudes/real burdens add a note for plans on the title workdesk. 
• The plans settler will have created TU applications for the existing flat titles that refer to the original cadastral unit number and updated the title sheets to refer to the new KIR tenement steading cadastral unit number.
• Check the title sheets have been updated. The TU applications should be completed at the same time as the KIR applications.

5. Flat address cannot be matched to UPRN address

If the addresses of some of the previously conveyed flatted properties cannot be matched to UPRN addresses, separate tenement steading cadastral units and KIR titles will have been created for each of the affected tenement steadings (assuming the council retain ownership of the remainder of the tenement). The plans settler will have provided details on the title N&I.

• Check that the extent of the separate tenement steading cadastral unit has been excluded from the main KIR title.
• The additional KIR title should be settled at the same time as the main KIR title.
• For the additional KIR title:
  • The subjects in the additional KIR title will comprise the tenement steading cadastral unit, under exception of previously conveyed flats.
  • As the UPRN addresses cannot be matched to the addresses of some of the previously conveyed flats, all addresses of the flatted properties within the tenement will be narrated in the property section.
  • The plans settler will have provided details of the previously conveyed flats along with the relevant title numbers/sasines details/property details.
  • Check the information provided by plans against the flats identified at the search sheet / Plan Viewer check.
  • Add schedule of exceptions for the flats previously conveyed.
    • In the Subjects field add brief details of the property conveyed including postal address, exclusive parts/areas (if any), pro indiviso shares/rights in common (if any), rights of access (if any), and the title number (if applicable). For example,

13 Mill Drive, Law, with garden ground, rights in common and rights of access, registered under Title Number XXX.

2/2, 1 Avenue Street, Rutherglen, with rights in common. 

Northmost house on ground floor, 5 Candlemill Road, Stonehouse, registered under Title Number XXX.

• If the flat has a unique postal address there is no need to include the flat position.
• There will be no plans references provided for any exclusive or common parts/areas, however the description of the subjects should include a brief reference to any such areas/parts to indicate that the property excepted includes more than only the flat.
• If the excepted subjects have a servitude right, the reference to it in the schedule should not include a plans reference, even if one has been provided.
• If there are multiple pro indiviso shares/rights in common/other rights to different areas/parts there is no need to list them all, a simple reference such as “with rights in common” will suffice.
• The date added to the Date of Recording or Registration field should be the date the breakaway deed was recorded or registered.
• In the event of a property being excepted because an advance notice or plans report has been submitted, or the KIR (Public) team has been notified that a property has been sold, the Date of Recording or Registration field should be completed with No Register.
• No plans references will be provided for the excepted flats – if references are required for any servitudes/real burdens add a note for plans on the title workdesk.