Completion of Schedule of Exceptions - KIR (Public)

• A tenement property may be described as a flat or unit within a purpose-built flatted building. These can range from the traditional 19th century terraces of stone-built tenements over three or more floors & sometimes with shops on the ground floor, through the multi-storey high rise blocks of the 1960s, to modern developments of luxury flats in city waterfront locations.
• Other types of flatted property include split villas (buildings originally built as one occupancy unit but subsequently split into 2 or more units), and 4 in a block style properties (purpose-built blocks of 4 flats, 2 on the ground floor, 2 on the upper floor, usually each with their own external front door).
• The 2012 Act also treats other sub-divided buildings in the same way as tenements - these could include large or small shopping centres, single-storey blocks of retirement flats, industrial buildings with internal divisions into separate units.

• A tenement steading is the area of ground (cadastral unit) that includes the solum (the ground upon which a building is erected) of the tenement building/flatted building/sub-divided building and any other land pertaining to the building or part of the building.

Example 1: Tenement steadings have not been excepted from the KIR title.

All flats sold out of these tenements will have been registered in the Land Register under the 1979 Act provisions.

SCHEDULE OF EXCEPTIONS 

• If the flat has a unique postal address there is no need to include the flat position.
• The description of the subjects should include a brief reference to any exclusive or common areas / parts to indicate that the property excepted is more than just the flat.
• If any tints / edges / hatches etc are shown on the cadastral map for the KIR title (or referred to in any of the title N&I) they should not be included or referred to in the schedule of exceptions (Any such tints / edges / hatches etc will be for use in other parts of the title sheet).
• If there are multiple pro indiviso shares to different areas / parts there is no need to detail each of them individually. A summary listing the main areas / parts will suffice; for example, "a pro indiviso right of property in solum &c., communal drying green, communal ground and footpaths".
• Access rights (and other servitudes) can be described in several ways and it is not always immediately clear what rights the property has. If in doubt, seek advice.

Example 2: KIR title consists of a tenement steading only.

In this example the tenement steading comprises a tower block. In this scenario some of the excepted flats may still be in sasines, some may be in the Land Register.

SCHEDULE OF EXCEPTIONS 

• If the flat has a unique postal address there is no need to include the flat position.
• The description of the subjects should include a brief reference to any exclusive or common areas / parts to indicate that the property excepted is more than just the flat.
• If any tints / edges / hatches etc are shown on the cadastral map for the KIR title (or referred to in any of the title N&I) they should not be included or referred to in the schedule of exceptions (Any such tints / edges / hatches etc will be for use in other parts of the title sheet).
• If there are multiple pro indiviso shares to different areas / parts there is no need to detail each of them individually. A summary listing the main areas / parts will suffice; for example, "a pro indiviso right of property in solum &c., communal drying green, communal ground and footpaths".
• Access rights (and other servitudes) can be described in several ways and it is not always immediately clear what rights the property has. If in doubt, seek advice.

Information availability from the registers.

Property in the Land Register.

If the property is registered the information required to complete the Subjects field can be found by searching the title number on the LRS or Plan Viewer or ScotLIS and viewing the property section of the title sheet. 

Examples of Flat title sheets and resulting schedule entries

Example 1: Property section of Flat title sheet

Subjects 63 AUCHINTIBBER COURT, BLANTYRE, GLASGOW G72 0YW being the north north eastmost house on the ground floor of the tenement 61 to 71 (odd numbers) Auchintibber Court tinted blue on the Title Plan, with the store cupboard tinted pink on the said Plan; Together with a right in common with the proprietors of the other dwellinghouses in the said tenement to the common parts of the said tenement and without prejudice to the foregoing generality; to (i), . . . . . (xxviii), with free ish and entry to the subjects in this Title by the common entrances….; Together also with a right to enter, examine and lay open the common ground appropriated to the said tenement and any adjoining subjects ….

Schedule of Exceptions 

In the above example, the flat has both a unique postal address and a description of where it is within the tenement - if there a unique postal address the location of the flat should be omitted.

If the flat being excepted has any areas of ground or other parts that are owned exclusively, these exclusive areas / parts are usually narrated immediately after the description of the flat. The flat in the above example has a store cupboard.

After the description of any exclusive areas / parts, the property description will usually narrate any areas / parts that are shared between flats. The flat may have a "pro indiviso share" or a "right in common" of / to a particular area such as a drying green or path, or to the common parts of the tenement such as the roof, solum etc. In the above example, the flat has rights in common to various parts of the tenement.

If the flat has any servitude rights, these could be set out anywhere within the description of the subjects. In the above example there are two servitudes - both after the description of the common parts.

Example 2: Property section of Flat title sheet 

Subjects 83 MURRAYSGATE CRESCENT, WHITBURN, BATHGATE EH47 0QJ within the land edged red on the Title Plan being the first floor house of the Block 77 to 83 (odd numbers) MURRAYSGATE CRESCENT with the area of garden ground tinted pink and brown on the said Plan. Together with a one half pro indiviso share together with the proprietors of ground floor dwellinghouse 81 Murraysgate Crescent in and to the solum tinted blue on the said Plan on which the said dwellinghouses are erected.

Schedule of exceptions 

In the above example, the flat has both a unique postal address and a description of where it is within the block - if there a unique postal address the location of the flat should be omitted.

If the flat being excepted has any areas of ground or other parts that are owned exclusively, these exclusive areas / parts are usually narrated immediately after the description of the flat. The flat in the above example has some garden ground.

After the description of any exclusive areas / parts, the property description will usually narrate any areas / parts that are shared between flats. The flat may have a "pro indiviso share" or a "right in common" of / to a particular area such as a drying green or path, or to the common parts of the block such as the roof, solum etc. In the above example, the flat has a one half pro indiviso share (together with the ground floor flat) to the solum on which the two flats are erected.

Example 3: Property section of Flat title sheet

Subjects 43A, MCLAREN TERRACE, UDDINGSTON, GLASGOW G71 7JX within the land edged red on the Title Plan being the eastmost first floor house of the block 43A, 43B, 43C, 43D, 43E and 43F McLaren Terrace edged blue on the said Plan with the store situated in the north east corner on the first floor of the common close tinted brown on the said Plan; Together with (One) a pro indiviso right of property in common with the proprietors of the adjoining dwellinghouses 43B, 43C, 43D, 43E and 43F McLaren Terrace, aforesaid in and to the solum on which the said dwellinghouses are erected, the foundations, outside walls, gables, roof, attic space, hatchways, vents, chimneyheads (but not chimney cans), the common entrance and passageway tinted brown on the said Plan, the stairway together with the stairs, stair landings and stair railings therein, the walls and ceilings enclosing the same and the windows and lighting therein, the communal television aerial and connecting leads thereto and all other parts common and mutual to the said dwellinghouses; (Two) a right in common with the proprietors of other dwellinghouses adjacent to the subjects in this Title in and to any common and mutual boundary fences, division walls, water pipes and tanks, drain pipes, gutters, gas and electricity pipes and cables and all others common or mutual to the subjects in this Title and said other dwellinghouses or any of them; Together also with a pro indiviso right of property in common with the proprietors of 43B, 43C, 43D, 43E and 43F McLaren Terrace, aforesaid, in and to (First) the communal drying green tinted blue on the said Plan; and (Second) the communal ground and footpaths tinted yellow on the said Plan.

Schedule of exceptions 

In the above example, the flat has both a unique postal address and a description of where it is within the block - if there a unique postal address the location of the flat should be omitted.

If the flat being excepted has any areas of ground or other parts that are held exclusively, these exclusive areas / parts are usually narrated immediately after the description of the flat. The flat in the above example has a store. The location of any exclusive areas / parts should be omitted.

After the description of any exclusive parts, the property description will usually narrate any areas or parts that are shared between several flats. The flat may have a "pro indiviso share" or a "right in common" of / to a particular area such as a drying green or path, or to the common parts of the block such as the roof, solum etc. In the above example, the flat has a pro indiviso right (in common with the other flats in the block) to the solum and other shared parts of the block. In order to keep the schedule entry as brief as possible the common parts of the block should be narrated as "solum &c.". The other areas (communal drying green, communal ground and footpaths) can be listed. In the above example the flat also has rights in common to various items, some of which have not been specified. In order to keep the schedule entry as brief as possible these can simply be summarised as "with rights in common".

Property in the Sasine Register.

If the property is not registered but is still in sasines, a copy of the recorded carry-out / breakaway deed for the property will need to be examined. The search sheet number for the property will be supplied by the plans or legal settler.

• View the search sheet for the excepted property. Check the search sheet relates to the correct property and identity the carry-out / breakaway deed (usually the first minute on the search sheet but occasionally a minute for a standard security may be entered above it).

• Take a note of either the book / folios numbers, (eg. 6681.222) or the fiche / frame numbers (eg. Fi 432.42) - both found immediately above the minute on the right hand side.
• Use the Deed Search Tool to view a copy of the deed. 
• Check that the correct deed is being viewed: the parties to the deed and address of the property transferred should match the details on the search sheet.
• Examine the deed to determine what has been transferred and use that information to complete the schedule entry.

Example of deed recorded in the Sasine Register.

The parties to the deed are highlighted in red.

Property details that should be taken from the deed and included in the Subjects field in the schedule of exceptions have been highlighted as follows:

• Postal address - highlighted in blue - 10 Harestanes Road, Armadale
• Exclusive areas / parts - highlighted in green - with garden ground
• Pro indiviso shares / rights in common - highlighted in orange - a 1/2 pro indiviso share in solum
• Servitude / access rights - highlighted in purple - with rights of access.

WE, THE WEST LOTHIAN DISTRICT COUNCIL, incorporated under the Local Government (Scotland) Act,1973, and having our District Headquarters at South Bridge Street, Bathgate, heritable proprietors of the subjects hereinafter disponed (who and whose successors are hereinafter referred to as "the Superiors") IN CONSIDERATION of the sum of NINE THOUSAND THREE HUNDRED AND FIFTY POUNDS (£9,350) STERLING paid to us by ANNE GIBSON residing at Ten Harestanes Road, Armadale, West Lothian of which sum we hereby acknowledge receipt, do hereby in feu farm dispone to and in favour of the said Anne Gibson and to her Executors and Assignees whomsoever (who and whose successors are hereinafter referred to as "the Feuars") heritably and irredeemably ALL and WHOLE (First) the ground floor flatted dwellinghouse known as and forming Number Ten Harestanes Road, Armadale in the Parish of Bathgate and County of West Lothian and (Second) that area of ground extending to One Hundred and Seventy-nine square metres and Thirty-one decimal or One Hundredth parts of a square metre or thereby being the garden ground pertaining to the said dwellinghouse Number Ten Harestanes Road, Armadale, aforesaid, all as the said subjects are shown outlined and hatched in red and outlined in red respectively on the plan annexed and executed as relative hereto and hereinafter referred to as "the feu" and form part and portion of ALL and WHOLE that area or piece of ground extending to Three acres and Four Hundred and Eighty-six decimal or One Thousandth parts of an acre or thereby, Imperial Measure, part of the Farm of Stonerigg, Armadale on the Estate of Polkemnet being the subjects more particularly described in Feu Charter by Sir Adrian William Haxwell. Baillie, Baronet of Polkemnet in favour of the County Council of the County of West Lothian dated the Twenty-fourth of July and recorded in the Division of the General Register of Sasines for the County of West Lothian on the twenty-fifth September both dates in the year Nineteen Hundred and Thirty-six; Together with a one half pro indiviso share together with the proprietors of the first floor flatted dwellinghouse Number Twelve Harestanes Road, Armadale aforesaid, in and to the solum on which said dwellinghouses are erected, the area of which extends to Ninety-six square metres and Twelve decimal or One Hundredth parts of a square metre or thereby and is also shown outlined and hatched in red on the said plan; TOGETHER ALSO WITH (One) the whole fittings and fixtures in and upon the feu; (Two) free ish and entry from and to the feu; (Three) the whole rights, whether common, sole, mutual or otherwise, uses, parts, privileges and pertinents of and effeiring to the feu; (Four) the Superiors whole right, title and interest present and future in and to the dominium utile of the feu; (Five) a heritable and irredeemable servitude right of access over and across the area of pathway situated outwith the feu and shown coloured green on the said plan; RESERVING ALWAYS to the Superiors and those deriving right from them, the whole mines, metals, minerals . . . . . . . AND ALWAYS WITH AND UNDER the conditions, obligations, burdens following, (One). . . . 

Note: Deeds will usually describe the property conveyed in a similar order to that shown above - exclusive property, shared or common property (pro indiviso shares / rights in common) and then any other rights such as access rights. After the description of the property conveyed, the deeds will often continue with clauses that reserve minerals or servitudes / access rights to the council (usually identified by the phrase "Reserving always to . .  .") before giving details of any conditions / burdens that the property is to be held under (usually identified by a phrase similar to "but always with and under . .  .").

Resulting entry in Schedule of Exceptions

SCHEDULE OF EXCEPTIONS 

Rights contained in Deed of Conditions 

In some cases the council will have recorded or registered a deed that sets out rights and conditions that affect all the flats in a particular tenement (usually called a deed of conditions). If this has been done, the property section of a flat title sheet (or the carry-out / breakaway deed for a flat) will be short and will often simply refer to that deed for rights. For example, the property section of a flat title sheet may simply provide the address details as normal followed by a cross-reference such as "together with the rights specified in the Deed of Conditions in Entry 1 of the Burdens Section".

When completing the Subjects description in the schedule of exceptions ensure that the reference to the deed of conditions (or other deed referred to for rights) refers to the correct burdens section entry in the KIR burdens section.

SCHEDULE OF EXCEPTIONS 

Check for correct deed of conditions (or other deed referred to for rights)

1. Search the title number for the flat on the LRS or Plan Viewer or ScotLIS and view the property section of the title sheet. Take a note of the burdens section entry for the deed of conditions (or other deed referred to for rights).

2. View the burdens section of the flat title sheet, find the entry for the deed of conditions (or other deed referred to for rights), and take a note of details such as the recording / registration date and the properties affected by the deed. In the example below the deed of conditions was recorded in the Sasine Register - GRS - on 29/ 09/1989 and affects properties at 54-56 Letterickhills Cres and 71-73 Gilbertfield.

3. Open D section for the KIR application. Find the entry where the deed details match those noted at 2 above. In this example there were two deeds of conditions recorded on the same day - the details in the Subjects field show that entry 4 is the relevant entry. If the Subjects field is blank or inconclusive, then the "Daily" number and / or the "Book" / "Folio" numbers can be used instead to decide which entry is the correct one. Take a note of the entry number. If it is not clear which is the correct entry (deed details may not have been completed) seek advice.

4. Open A section for the KIR application and complete the Subjects field in the schedule of exceptions. For example "Westmost house on ground floor, 54 Letterickhills Crescent, Glasgow, together with the rights specified in Deed of Conditions in entry 4 of the Burdens Section, registered under Title Number GLA85649".