Legal - Complete Property Section - KIR (Public)

Process Steps

5.1 Check the title sheet update and date of first registration fields are correct or amend as necessary. 

5.2 Check that the real right field is correct or amend as necessary. The terms Proprietor and Tenant are no longer appropriate after the designated day and the terms Ownership and Tenancy should apply. 

5.3 Check the address details are correct and the addresses match the subjects shown on the cadastral map. 

5.3.1 The subjects description must include the word “Subjects”, the cadastral unit number, and the hectarage if it measures 0.5 hectares or greater than 0.5 hectares. 

5.3.2 Where the KIR subjects include flatted properties:

• If the description of any flatted property that is being excepted from the KIR title is such that it cannot be matched to a UPRN address, the description of the KIR subjects will include every address in the tenement.
• In all other cases, only those flatted properties remaining in council ownership will be included in the description of the KIR subjects. 

5.4 Investigate any discrepancies between the address details and the subjects referenced on the cadastral map. Check and confirm ownership of any omitted properties. 

5.4.1 If any amendments are required to the address details and/or cadastral map add a note for plans on the title workdesk. 

5.5 Check that all non-flatted properties conveyed from the RA have been excepted from the KIR cadastral unit. 

5.6 Where the RA includes 4 in a block / other flatted properties the extent of the KIR title will vary depending on circumstances. Sometimes the tenement steading will be excepted from the main / original KIR title (and a separate KIR title created for the tenement steading), sometimes the tenement steading will be retained within the main / original KIR title. The plans officer will advise. Further guidance on individual scenarios and checks to be carried out is available at Tenements - KIR (Public). 

5.7 Check that properties affected by advance notices identified at the search sheet check have been excluded from the KIR title.

5.7.1 If the property is a house plot it should be excluded from the KIR cadastral unit.

5.7.2 If the property is a flatted property it should be included in the schedule of exceptions using the information available from the advance notice.

5.8 Check that properties affected by plans reports / notification that the property has been sold have been excluded from the KIR title.

• 5.8.1 If the property is a house plot it should be excluded from the KIR cadastral unit.
• 5.8.2 If the property is a flatted property it should be included in the schedule of exceptions using the information available from the plans report / notification.

5.9 If a schedule of exceptions is to be added, ensure the suffix field includes a reference to it. 

5.10 Add a cross-reference to any deeds in the burdens section that contain servitude rights in favour of the KIR subjects. 

5.11 Add a cross-reference to the schedule of enforcement rights (if necessary).

5.12 Add a schedule of exceptions for any flatted properties excepted from the KIR title.

5.12.1 Details of the flats to be excepted, including title numbers/sasines details/ property details, will be provided by the plans officer.

• Check the information provided by the plans officer against the flats identified at the search sheet / Plan Viewer check. In some cases the whole tenement steading will have been removed from the main KIR title and an additional KIR title created for the tenement steading – the plans officer will advise. Further guidance on individual scenarios is available at Tenements - KIR (Public).
• Check the flats being excepted are not included in the description of the subjects (unless any of the flat addresses cannot be matched to UPRN addresses, in which case all addresses will be listed).

5.12.2 In the Subjects field add brief details of the subjects being excepted including the postal address, exclusive parts/areas such as garden ground (if any), pro indiviso shares/rights in common (if any), rights of access (if any), and title number where the subjects are registered. 

For example:

13 Buchanan Drive, Law, with garden ground, garage, 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 pertaining to the excepted flats, 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. 

5.12.3 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. 

5.12.4 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. 

5.12.5 Once completed, renumber the entries into chronological order.

5.13  Add KIR1 note ("This Title was created by Keeper-induced registration") as note 1. 

5.14 Check properties noted by the plans officer as having rights in common or pro indiviso shares in common areas and confirm any such rights/shares have been correctly identified and referenced on the cadastral map. If it is not clear whether pro indiviso shares or rights in common have been conveyed, guidance and examples are available at Legal - Initial Examination - KIR (Public) under Common Areas.

• 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 so vague that the area is unidentifiable/unmappable, then those 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 so vague that the area is unidentifiable/unmappable, then those areas can be included in the KIR title. 

5.15 Check all common areas have been identified/noted/referenced.

• In some cases common areas may have been excepted in their entirety and shared plot titles created/added to – the plans officer will advise. 

5.16 Add restrictive notes relating to the extent of any common areas pertaining to house plots in the KIR title, if appropriate. 

• It is likely that all common areas with the same level of ownership will have been given the same reference on the cadastral map, e.g. all paths in which the council have retained a 1/2 pro indiviso share could be tinted yellow. 

5.16.1 If the conveyancing is consistent and the council have conveyed either pro indiviso shares or rights in common to the same area, add restrictive notes following the example styles below. Where possible specify what the common area is.

Note: Only a 1/4 pro indiviso share of the ground tinted yellow on the cadastral map is included in this cadastral unit.

Note: Only a 1/2 half pro indiviso share of the paths, pends and driveways tinted yellow on the cadastral map is included in this cadastral unit.

Note: Only a 1/2 half pro indiviso share of the solum edged blue on the cadastral map is included in this cadastral unit.

Note: Rights in common to the paths tinted yellow on the cadastral map are excepted from this cadastral unit. 

5.16.2 If the conveyancing is not consistent, ie the council have conveyed both pro indiviso shares and rights in common to the same common area, individual references will be supplied for those areas. As the example notes shown above will not accurately reflect the position, restrictive notes following the example style below should be added.  Where possible specify what the common area is.

Note: Rights in common to the path tinted yellow and numbered 2 in blue on the cadastral map are excepted from this cadastral unit.

Note: 7/16 pro indiviso shares of the ground tinted yellow and numbered 2 in blue on the cadastral map are excepted from this cadastral unit. 

5.17 Add restrictive notes relating to the extent of any external common areas (areas of ground shared between several tenements) pertaining to tenements/flats in the KIR title, if appropriate.

5.17.1 If the council has conveyed pro indiviso shares in the external common area and a restrictive note is required, it should follow the style below. Where possible specify what the common area is.

Note: As to the ground tinted blue on the cadastral map, only 8/32 pro indiviso shares are included in this cadastral unit, subject to the exceptions referred to in the schedule of exceptions above.

The number of shares narrated in the note is based on the total number of flats in the tenements that share the external common area. For example, eight blocks of four flats share an area of ground with each flat having a 1/32 share. The tenement steadings for six of the blocks have been excepted from the main KIR title (along with the 24/32 shares pertaining thereto). The tenement steadings for the remaining two blocks have been retained in the main KIR title (along with the 8/32 shares pertaining thereto). Any shares pertaining to flats that have been conveyed from the two blocks retained in the main KIR title are taken into account by entries in the Schedule of Exceptions. 

5.17.2 If the council has conveyed rights in common to the external common area and a restrictive note is required, it should follow the example styles below. Where possible specify what the common area is.

Note: Only rights in common, along with the other subjects at [addresses/description of all flats that share the external common area], to the path and drying area tinted xxx on the cadastral map are included in this cadastral unit.

Note: Rights in common to the path and drying area tinted xxx on the cadastral map are excepted from this cadastral unit. 

In these circumstances there is no need to refer to the schedule of exceptions as specific shares have not been conveyed/excepted. 

For further guidance see Tenements - KIR (Public). 

5.18 Where the KIR title includes pend(s) check that the correct part(s) of the building/pend has been identified and referenced on the cadastral map and that the appropriate restrictive note has been added by the plans officer. For example, The parts of the buildings above the pends tinted mauve on the cadastral map do not form part of this cadastral unit.

5.18.1 If the solum beneath said part of the building / pend is common and the council retain a pro indiviso share or right in common to it, add a restrictive note if one has not already been added, following the example styles given at 5.16 above. 

5.19 Where the KIR title includes rooms on only one floor of a building check that the correct part of the building has been identified and referenced on the cadastral map, and that the appropriate restrictive note has been added by the plans officer. For example, - The parts of the buildings at ground floor level edged in blue on the cadastral map do not form part of this cadastral unit.

5.19.1 If the solum beneath said part of the building is common and the council retain a pro indiviso share or right in common to it, add a restrictive note if one has not already been added, following the example styles given at 5.16 above. 

5.20 Add minerals reservation or exception note to each KIR title sheet as follows:

• If minerals are reserved in either the transfer deed in favour of the council or in an earlier deed, and the reservation affects the whole of the KIR subjects, add a minerals reservation note following the styles at Mineral Reservations in the Property Section.
• In all other cases add the following note - "Note: The minerals are excepted’. 

5.20.1 If a minerals title has been registered as a separate tenement, follow guidance at Mineral Reservations in the Property Section.

5.21 Add any other notes (for example, boundary notes) if appropriate.

5.22 Add a schedule of enforcement rights (if necessary).

• For KIR titles, the benefited property may only be part of the KIR subjects. The entry in the “Benefited Property” column in the schedule should reflect the description of the benefited property in the relevant constitutive deed. 

5.23 Add explanatory note (RB1) following the guidance here (if necessary). 

5.24 If part(s) of the subjects have been leased add schedule of leases and note following the guidance at here 

5.25 Add schedule of separate tenements and associated note (if necessary). 

5.26 If shared plot titles exist check the entry in the shared plot schedule is correct following the guidance 1.10 here.

5.27 If any amendments are required to the shared plot schedule add a note for plans on the title workdesk. 

5.28 Check details and Close A section 

5.29 Apply on title workdesk. 

5.30 If any amendments are required for the address details and/or cadastral map and/or shared plot schedule, check instructions to plans have been added to the title workdesk and refer to Plans. 

5.31 If the application is to be referred to the initial examination officer to have a schedule of exceptions added/completed, check instructions have been added to the title workdesk and refer to the initial examination officer.

5.32 If the application has been referred, on its return check instructions have been followed and update the title sheet if necessary.