Tenements - With Rights to External Common Areas - Transitional Provisions Not Applied - KIR (Public)

Any previously conveyed flats within such a tenement will have either (A) been registered under the 2012 Act provisions and a shared plot title created for the external common area, or (B) their titles will still be in sasines. 

Check and note:

• how many and which tenements/flats share the external common area.
• how many of those flats have been conveyed.
• how many of those flats the council retain.
• how many shares in the external common area have been conveyed (and with which flat).
• how many shares in the external common area the council retain. 

If the shares previously conveyed add up to 100% or more, then the council will have no remaining ownership in the common area.

A. Prior Flat Registered under 2012 Act and Shared Plot Created for External Common Area

If a previously conveyed flat was registered under the 2012 Act provisions and a shared plot title created for the external common area, the tenement steading cadastral unit and the shared plot cadastral unit will have been excepted from the KIR title.

• Check that the extent of both cadastral units has been excepted from the KIR title.

1. Council owns flat(s) in KIR title that share the external common area

The plans settler will have created an AS application for the 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.

• Check and settle the shared/sharing plot titles  - guidance is available here

2. Council owns flat(s) in existing tenement steading cadastral unit

If the council still own a flat within that existing tenement steading cadastral unit then the plans settler will have created an additional KIR title for that cadastral unit.

• The additional KIR title should be settled at the same time as the main 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.
• The plans settler will have provided details of the previously conveyed flats along with the relevant title numbers/sasines details.
• Check the information provided by plans against the flats identified at the search sheet / Universal Web 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 within the tenement steading, 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. 

The plans settler will have created 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.

• Check and settle the shared/sharing plot titles  -  guidance is available at Shared and Sharing Plots

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.

B. All Prior Flats with Shares in External Common Area still in the Sasine Register

1. Council own flat in tenement

If the council still own 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), then both the tenement steading and external common area will be excluded from the KIR title.

The plans settler will have created:

(i) a separate KIR title and cadastral unit for the tenement steading and

(ii) a shared plot title and cadastral unit for the external common area.

• Check that the extent of both cadastral units has been excepted from the main KIR title. 

The additional KIR title should be settled at the same time as the main KIR title steading cadastral unit.

For the additional KIR:

• 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.
• The plans settler will have provided details of the previously conveyed flats.
• Check the information provided by plans against the flats identified at the search sheet 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). 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.

• 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 within the tenement steading, 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.
• 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 an FS application for the additional KIR title to create the shared plot title 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.

• Check and settle the shared/sharing plot titles - guidance is available at Shared and Sharing Plots

The plans settler will have created 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.

• Check and settle the shared/sharing plot titles - guidance is available at Shared and Sharing Plots

2. All flats in a tenement have been conveyed

If all the flats within the tenement have been conveyed and their titles are still in sasines (with shares in the external common area), then 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 have been created for the tenement.

• The plans settler will have created a shared plot title for the external common area. The shares allocated to the KIR title should be based on the number of flats retained by the council in that title.

• Check and settle the shared/sharing plot titles - guidance is available at Shared and Sharing Plots