Classification of References in Plan Creator

Owned by Editor9
Aug 19, 2024
10 min read

General

One of the tasks for the plans officer when mapping a cadastral unit in the Plan Creator is to apply a classification to the plans references they have created. 

While capturing the classification is not essential for the construction of the title sheet, having all of the references on the cadastral map attributed in this way adds value to our data, and allows for more detailed data interrogation than has previously been possible. Therefore, the Plan Creator has been developed in such a way that all plans references must be classified before the cadastral unit can be approved.

Useful Links

Plan Creator Technical Guide


Order of Priority

When a polygon has more than one attribute, and one of those attributes is ownership (i.e. ownership and burdens/security being co-extensive) only the primary attribute (ownership) is to be captured in the classification. There is no need to duplicate the plans reference to assign an additional secondary classification for the burden/security as this will be verbalised in the title sheet by referring to the colour and style used for the primary classification.


Commonly Used Classifications

The following sections contain a guide to the more commonly used classifications, and how they should be applied.


Ownership

An Ownership polygon should show the totality of that area of ownership. In the event that a reference is also required for a burden or other subordinate right that affects part of an ownership polygon, the burden should be created as a separately styled and classified polygon that sits on top of the ownership polygon if the ownership polygon has been tinted. The polygon for ownership will therefore extend underneath the burden polygon.

The property section description in the title sheet should still reflect the visual representation of the cadastral unit, so will be described as being the ownership polygon tint plus all burdens tints that sit on top of it.

This is a change from the previous style of mapping in the DMS where an ownership area would often be split into separately coloured polygons to reflect burdened & unburdened parts. This old style of mapping should no longer be used.


Ownership - Exclusive

To be used for ownership references which are exclusive to the subjects being registered a coelo usque ad centrum, in other words from the centre of the earth to the heavens. Exclusive ownership on floor levels is not included within this classification, please see Ownership of Strata, below.

  • Examples:
    • exclusive subjects such as plots of land, whole buildings, or a house with its garden, normally edged red or tinted pink on the cadastral map;
    • plots of exclusive garden ground pertaining to a flat;
    • exclusive cellars or stores lying outwith the solum of a tenement pertaining to a flat;
    • tenement property being registered as the "whole under exception";
    • shared plots (when a commonly owned area is being registered as a separate cadastral unit in a shared plot title, then the whole ownership of the cadastral unit is within that title but with multiple owners listed in the proprietorship section. For commonly owned areas not being registered as a shared plot, see Ownership - Shared, below);


Tenement Steading

To be used for the polygon(s) created to show the extent of a tenement steading cadastral unit, or a restricted tenement steading cadastral unit. Normally edged red on the cadastral map. See Further Guidance page Identifying a Tenement Steading Extent for more information on how to establish the extent of the tenement you are working with.


Ownership of Strata

To be used for ownership references that define the extent of an area of exclusive ownership at a specific floor level, a slice of airspace, or an underground strata.

  • Examples:
    • Flatted properties
    • Parts of a house located above a pend
    • Exclusive cellars or stores located within the solum of a building
    • An underground tunnel
    • The airspace above a single storey extension


Ownership - Shared

To be used for ownership references that define the extent of a plot of ground which is held in common (owned by two or more owners), and will be registered as a right in common or pro-indiviso share in more than one title. This classification should be used for common areas being mapped under the transitional provisions, and for common areas being mapped as pertinents. For commonly owned areas being registered as a shared plot, see Ownership - Exclusive, above. See Further Guidance page Mapping of Common Areas and Shared Plots for more information on how to establish when to treat your common area as a pertinent, a shared plot, or to map under the transitional provisions.

  • Examples:
    • common drying areas
    • common footpaths or driveways
    • common water closets, bin stores or coal sheds
    • common footpaths through pends
    • common ownership on specific floor levels, such as common storage cupboard on first floor landing
    • common ownership of solum of a tenement block (if it is unclear from the deeds if the subjects have a right in common to the solum, then enter the classification as Burden or Servitude/Burden depending on the wording of the deed).


Ownership of Salmon Fishing

To be used for ownership references for polygons that define the extent of rights in salmon fishings being registered in a title. See Further Guidance page Mapping of Salmon Fishings for more details on how titles of this nature should be mapped and registered.


Subordinate Rights

An Ownership polygon should show the totality of that area of ownership. In the event that a reference is also required for a burden or other subordinate right that affects part of an ownership polygon, the burden should be created as a separately styled and classified polygon that sits on top of the ownership polygon. The polygon for ownership will therefore extend underneath the burden polygon if the ownership polygon has been tinted. The polygon for ownership will therefore extend underneath the burden polygon.

This is a change from the previous style of mapping in the DMS where an ownership area would often be split into separately coloured polygons to reflect burdened & unburdened parts. This old style of mapping should no longer be used.


Security

To be used for the polygon(s) created to show the extent of a standard security that affects only part of the subjects being registered. As with other subordinate rights that affect only part of an ownership polygon, the security should be created as a separately styled and classified polygon that sits on top of the ownership polygon. The polygon for ownership will therefore extend underneath the security polygon.


Lease

To be used for the polygon(s) created to show the extent of the property being leased. See Further Guidance section on the Mapping of Leases for more information on registering applications of this type.

This classification is used differently in the tenant's title sheet in the main lease scenarios:

  • With a lease of whole (i.e. the leased subjects are co-extensive with the cadastral unit), a single polygon is created to show the extent of the leased subjects in the tenant's title which will be the same extent as the landlord's ownership title (the cadastral unit). In the tenant's title, this polygon should be classified as Lease as there is no ownership element included in the tenant's title sheet.
  • A new simpler style for referencing leases of part was introduced in spring 2022. 
    • When mapping a new title, or updating an existing 2012 Act lease title, a single references is created to show the extent of the leased subjects in the tenant's title. As the lease is a lease of part, the extent of the leased subjects will be less than the extent of the landlord's ownership title. The polygon(s) showing the extent of the leased subjects should be classified as Lease. 
    • When updating or remapping an older lease title originally mapped under the 1979 Act, if the original style of mapping/title sheet is being retained then two references may be required in the tenant's title sheet. Firstly, the polygon(s) showing the extent of the leased subjects should be classified as Lease. Secondly, if a polygon has been provided for the extent of the landlord's title (the cadastral unit) and this is still needed because it is referred to in the tenant's title sheet, this should be classified as For Reference Only (see Other Classifications, below). Remember, no ownership rights are included in a tenant's title sheet
  • With a lease of part in a tenement (i.e. the leased subjects are a flat or unit within a tenement steading cadastral unit), two references may be required in the tenant's title sheet. Firstly, if the leased subjects are being mapped (i.e. they are not described verbally) the polygon(s) showing the extent of the leased subjects should be classified as Lease. Secondly, a polygon for the extent of the tenement steading cadastral unit is needed in the tenant's title to allow it to be referred to in the property description - this should be classified as Tenement Steading.

When mapping or updating the landlord's title sheet to reflect a lease, again there are different scenarios:

  • With a lease of whole, there is no requirement to add a second, duplicate polygon for the leased subjects as this will be co-extensive with the cadastral unit. The cadastral unit will be classified as Ownership.
  • With a lease of part, a polygon will be required to show the part of the cadastral unit that is affected by the lease. The cadastral unit will be classified as Ownership, and the polygon showing the extent of the lease will be classified as Lease. As with other burden or subordinate rights, the lease reference should sit on top of the ownership polygon.
  • With a lease of part in a tenement, no plans reference is provided in the mapping of the landlord's title for any unit or flat that has been leased out. Instead this is covered verbally in a Schedule of Leases within the title sheet.


Please note, there is no separate classification for Sub-leases. Therefore the guidance on the appropriate classification to select above applies to both Leases and Sub-leases.


Servitude

To be used for the polygon or line created to show the extent of a servitude right that benefits the subjects being registered. See Further Guidance page Plans References for Burdens, Rights and Servitudes for more guidance on which rights can be included in a title sheet.

  • Examples:
    • Right of pedestrian or vehicular access
    • Right of water supply
    • Right of foul water drainage
    • Right of support


Burden

To be used for the polygon or line created to show the extent of an encumbrance or burden that affects the subjects being registered. See Further Guidance page Plans References for Burdens, Rights and Servitudes for more guidance on which burdens can be included in a title sheet.

  • Examples:
    • Burden of pedestrian or vehicular access
    • Burden of wayleave to install or maintain water supply, electricity cables, telephone lines, etc
    • Burden of right to install, use and maintain a septic tank
    • Maintenance burden
    • Deed of Restriction
    • Can be used if a reference is needed for Retained, Burdened or Benefited property as defined in a deed being registered or included in the Burdens section.


Servitude and Burden

To be used for the polygon or line created to show the extent of a servitude right that benefits the subjects being registered, but also is affected by conditions that burden the subjects being registered. See Further Guidance page Plans References for Burdens, Rights and Servitudes for more guidance on which rights and burdens can be included in a title sheet.

  • Examples:
    • Right of pedestrian or vehicular access over a track but subject to a maintenance condition
    • Right to install, use and maintain a septic tank but subject to a burden to fence off the septic tank
    • Can be used if a reference is needed for Retained, Burdened or Benefited property as defined in a deed being registered or included in the Burdens section.


Exclusion from Warranty

To be used for the polygon over which a decision has been made that warranty is to be limited or excluded.


Exclusion of Indemnity

To be used for the polygon when updating a registered title mapped under the terms of the 1979 Act over which an exclusion of indemnity was added to the title sheet affecting that polygon.


S44(1)

To be used for polygon over which the terms of Section 44(1) of the 2012 Act apply, being a limitation over a prescriptive servitude.


S80(3)

To be used for the polygon over which a notice has been added to the proprietorship section in terms of Section 80(3) of the 2012 Act.


Other Classifications


For Reference Only

To be used in limited circumstances only, to define a polygon, line or label that is not referred to specifically in the title sheet but is needed to aid interpretation of the subjects.

  • Examples:
    • The extent of the landlord's cadastral unit when classifying a lease of part title that was mapped under the former lease practices (see Lease, above)
    • Parking space polygons for location purposes


Removal

To be used for the polygon representing the green edge removal extent to be found on parent titles originally mapped in the DMS.


Feu

To be used for the polygons representing the blue edge feu extent to be found on parent titles or mixed fee titles originally mapped in the DMS.


Partial removal

To be used to define a polygon that has not been fully removed from a registered parent title.

  • Examples
    • Tenement block or steading that has not been wholly removed as some flats still remain within the parent title. Those flats that have been removed will be shown on a schedule in the title sheet. The polygon for the tenement block or steading should be classified as Partial removal as this identifies that there are still some areas or flats within the polygon that are in the ownership of the parent title.
    • Common area that has not been wholly removed as some shares in the area remain within the parent title. Those shares that have been removed will be shown on a schedule in the title sheet. The polygon for the common area should be classified as Partial removal as this identifies that there are still some shares in the common area that are in the ownership of the parent title.

The style of reference that is applied to the partially removed area will depend on the references already used on the parent title. Do not use a green edge as this normally denotes that the area has been removed (if green edges have previously been used for removals in the parent title, there will be a note to this effect on the title sheet). Instead, you can use the other edges or styles if they are available and appropriate to your particular parent title. Refer to a senior plans officer if you are in doubt.


Exception

To be used to define areas situated within a property extent that have been excepted from the title.

  • Examples
    • Some titles use plans references to identify areas that are not included in the title, and the only way to identify what remains in the title is to make reference to the excepted areas. For example, in some tenements under exception or split villas where the legal officer requires references for the excepted areas.
    • Green tinted areas on titles originally mapped in the DMS that are not included in the title extent but cannot be reworked by now positively removing them from that title. (Please note that in this scenario, although the original style of the title is being retained, the plans officer should remember to also cut the excepted area out of the ownership polygon (see Cookie Cutter tool) so there is no confusion regarding ownership when a search is made of the index layer). 


Benefitted property

To be used to define an area of ground (not part of the ownership of the title being registered) that is gaining or imposing a burden on another title.

  • Example
    • The most common scenario is when new rights or burdens are being created through Dual Registration, and a plans reference is required for the benefitted or retained property.


Registers of Scotland (RoS) seeks to ensure that the information published in the 2012 Act Registration Manual is up to date and accurate but it may be amended from time to time.
The Manual is an internal document intended for RoS staff only. The information in the Manual does not constitute legal or professional advice and RoS cannot accept any liability for actions arising from its use.
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