How to Map a Lease of Part in a Tenement

General

Section 3(2) of the 2012 Act permits the Keeper to make up and maintain a title sheet for a registered lease.

A registered lease, however, is not allocated its own cadastral unit. Instead, the title sheet for the lease (the tenant's interest) refers to the leased subjects as being all or part of the cadastral unit created for the plot of land (the landlord's interest).

If the registered lease is of subjects within a tenement property, the title sheet for the lease (the tenant's interest) will refer to the leased subjects being part of the cadastral unit created for the plot of land (the tenement steading cadastral unit for the tenement block within which the landlord's interest lies).

Useful links

How to map a lease of part (non-tenement)

How to map a lease of whole

How to map a sub-lease

What is a Lease of Part?

When we talk about a lease of part - the "part" relates to the cadastral unit. So there are two scenarios where we register Leases of part:

When the landlord's title (non-tenement property) is already registered and the lease that is submitted for registration as a TP affects only a part of the cadastral unit within that registered title. Non-tenement lease of part scenarios are covered on a separate guidance page as the mapping style is different from a tenement lease of part.
When the landlord's title comprises all or part of a tenement, and the lease that is submitted for registration is for only a part of the tenement steading cadastral unit (e.g. a lease of a ground floor shop within a tenement block). Tenement lease of part scenarios are covered on this guidance page.

Separate pages of guidance cover other scenarios such as Mapping a Lease of Whole, and Mapping a Sub-Lease.

Key points for Plans officers

Mapping a Lease of Part - tenement

Unlike non-tenement leases of part where the landlord's cadastral unit is not replicated in the mapping of the lease title, when your lease is a lease of part within a tenement, a plans reference will be required for the (tenement steading) cadastral unit. This allows a consistent approach to be taken for all tenement lease cases - both those with a deed plan showing the leased extent and those with verbal description for the leased premises.

1 Map the extent of the tenement steading cadastral unit on the primary un-grouped layer of the cadastral map. As this extent will be co-extensive with the tenement steading cadastral unit extent from the landlord's title or other registrations within the block, it will generally be quicker to copy and paste the extent through from the Index layer.

By preference, a red edge should be used however there will be properties where a tint will be more appropriate due to the shape or size of the polygon(s).
Do not bring forward any plans references for rights or burdens from the landlord's title.
Bring forward any green edges and numbers showing removals from the tenement steading cadastral unit.
Bring forward any blue edges and numbers showing feus from the tenement steading cadastral unit.
Do not bring forward any yellow edges and numbers showing other leases.
Do not bring forward any supplementary data, any plotted SPLs, or any scanned supplementary plans from the landlord's title.

2 Map any plans references pertaining to the extent of the flat or unit being leased in a grouping showing supplementary data.

As with any other type of property within an tenement steading, the leased subjects may be described by reference to a plan or with a verbal description, provided it is an acceptable description of the flatted property/unit (see the exception to normal policy detailed on that Further Guidance page that can be applied if the deed plan is not acceptable but the verbal description is acceptable).
The extent of the flat or unit being leased, if being shown in a grouping containing supplementary data, will normally be mapped using the tinting method.
Do not use the same style and colour of plans reference for the extent of the leased subjects and for the tenement steading cadastral unit mapped in step 1, above. In other words, if the tenement steading cadastral unit is edged red, then the extent of the leased subjects should be referenced differently, perhaps with a pink tint.
As with registrations of ownership of flats, etc that extend over more than one floor, additional groupings may be used for different floor levels if this aids the interpretation of the extent on the different floors.

3 When mapping the lease title, the polygon(s) for the tenement steading cadastral unit should be classified as Tenement Steading, whilst the leased subjects in the grouping should be classified as Lease in the Plan Creator.

4 A search of the index map must always be carried out.

As well as all the normal index map checks done by a plans settler, when registering a lease particular attention should be paid to whether there is already a lease affecting the area in the current lease being registered. If another lease does affect the property currently being leased, then checks will need to be done to see if this involves a sub-lease, an interposed lease, or whether it is actually a competing lease where the landlord has accidentally leased the same ground/strata twice. If you are unsure how to proceed regarding the existence of another registered lease, please speak with your referral officer in the first instance.

5 No other plans references are to be provided from any plans annexed to the lease. Instead, the full lease document (including any deed plans) will be incorporated in the title sheet by reference to that deed in the archive record.

If a right being granted in the lease affects a registered ownership title other than the landlord's title, a note should be added to the LRS advising the legal settler of this: for example, "The rights granted in the lease affect registered titles ANGxxx & ANGyyy." There is no requirement to provide plans references or prints to accompany this note.

6 The LRS title notes should be completed in the normal manner for the type of property being leased - See Further Guidance on completing the LRS Title Notes.

A title note must be added explaining how the leased subjects relate to the landlord's subjects. Although the property description will refer to the relationship between the lease and the plot of ground/tenement steading cadastral unit, for the purposes of the Schedule, etc the legal officers need to also know about the relationship between the lease and the landlord's title.
- If the landlord's subjects are co-extensive with the leased subjects (i.e they only own the unit being leased), then the note should explain to the legal settler that the whole of the landlord's title is being leased - for example "The subjects in this title are a lease of the whole subjects in title GLAxxxx".
- If the landlord's registered subjects are larger than the leased subjects (i.e they have a registered title to more in the tenement block than the unit currently being leased), then the note should explain to the legal settler that only part of the landlord's title is being leased - for example "The subjects in this title are a lease of part of the subjects in title GLAxxxx".
If the deed plan(s) annexed to the lease show plans references other than the extent of the lease, an additional title note must be added advising that legal settler that no plans references have been provided for those features. A request should be made to have the lease incorporated by reference to the deed in the archive record. - for example, "Following current policy, no plans references have been provided for the xxx on plans 2 & 3 in the Lease. Please can the Lease be incorporated by reference to the deed in the archive record?"
If you have brought forward any green edges and numbers showing removals from the tenement steading cadastral unit, add a note to the legal settler asking them to add a general removals note to the lease title sheet: "The areas edged and numbered in green on the cadastral map have been removed from this cadastral unit. Please add a note to the property section"
If you have brought forward any blue edges and numbers showing feus from the tenement steading cadastral unit, add a note to the legal settler asking them to add a note to the property section of the lease title sheet: "The areas edged and numbered in blue on the cadastral map have been feued from this cadastral unit. Please add a note to the property section."

7 The real right field in the property section of the lease title sheet should be completed to show Tenancy.

8 No entry should be made in the hectarage field in the property section of the lease title sheet - there is only a requirement to show the hectarage, if it is 0.5 hectares or greater, on a title sheet for the ownership of a plot of land (the landlord's title).

9 The cadastral unit field in the property section of the lease title sheet should be manually amended to show the tenement steading cadastral unit number of the plot of land (the tenement block).

10 The property section of the lease title sheet will refer to the tenement steading cadastral unit for the tenement block but will only include the address of the leased subjects - see Further Guidance on Property section styles - leases. No reference to the hectarage of the cadastral unit should be included in the property description in the lease title sheet - there is only a requirement to show the hectarage, if it is 0.5 hectares or greater, on ownership title sheets within a tenement steading cadastral unit.

Property section examples for a lease of part - tenement

Lease title sheet number	Landlord's title sheet number	Tenement steading cadastral unit number for the tenement	Description in deed	Property section entry
				Prefix	Address 1	Suffix
ABN15783	ABN12045	ABN7890	lease of the ground floor shop, 561 Great Northern Road, Aberdeen being part of the subjects registered under ABN12045	Subjects part of cadastral unit ABN7890 edged red on the cadastral unit being the ground floor shop premises	561 GREAT NORTHERN ROAD, ABERDEEN, AB24 2BX	of the tenement 561, 563 and 565 GREAT NORTHERN ROAD.
ANG7770	ANG526	ANG789	lease of Unit 3, 67 Keptie Road, Arbroath DD11 3EP being the unit coloured xxx on the first floor of the block 67 & 69 Keptie Road, and being part of the subjects registered under ANG526	Subjects part of cadastral unit ANG789 edged red on the cadastral map being	UNIT 3, KEPTIE ROAD, ARBROATH DD11 3EP	being the unit tinted pink on supplementary data 1 on the first floor of the block 67 and 69 KEPTIE ROAD
ROX98765	ROX15	ROX15	lease of the westmost ground floor shop unit of the tenement 72 Middle Square, Kelso being the subjects registered under ROX15	Subjects part of cadastral unit ROX15 edged red on the cadastral unit being the westmost ground floor shop unit of the tenement	72 MIDDLE SQUARE, KELSO TD5 7AX

Referencing a Lease of Part (tenement) in the landlord's title

In the Lease of Part (tenement) scenario, a plans reference for the extent of the subjects being leased will not be shown on the landlord's title. Instead, a verbal entry will be added to the Schedule of Leases in the landlord's title sheet by the legal settler.

This is in line with the practice of using a verbal entry in a Schedule of Removals when a flat is sold and removed from a registered tenement parent title rather than showing green outs for removals within a tenement steading cadastral unit. So there is consistency in the way we deal with sales (removals) and leases within tenements.

1 The landlord's title will be mapped in the normal manner for the style of property.

If the landlord owns the whole tenement block, then the title extent will be mapped on the primary ungrouped layer of the cadastral map, and will be classified as Ownership - Exclusive. (See also the APR plans guidance in the scenario where the landlord owns the whole block but it is as yet unregistered).
If the landlord only owns part of the tenement block, then the tenement steading cadastral unit extent will be mapped in the primary ungrouped layer of the cadastral map, and will be classified as Tenement Steading. Any plans references pertaining to the exclusive extent of a particular flat or unit should be mapped in a grouping containing supplementary data, and will be classified as Ownership - Strata.

2 When mapping or updating the landlord's title to reflect the lease being registered:

Do not bring forward any plans references for any rights or burdens described within the lease.
Do not provide a plans reference on the landlord's title for any sub-leases.

3 The LRS title notes should be completed in the normal manner - See Further Guidance on completing the LRS Title Notes.

A title note must be added explaining how the leased subjects relate to the landlord's subjects. The legal settler will need this information to create the appropriate Schedule of Leases entry.
- If the landlord's subjects are co-extensive with the leased subjects (i.e. they only own the unit being leased), then the note should explain to the legal settler that the whole of the landlord's title is being leased - for example "The whole of the subjects in this title have been leased under GLAxxxx".
- If the landlord's registered subjects are larger than the leased subjects (i.e. they have a registered title to more in the tenement block than the unit currently being leased), then the note should explain to the legal settler that only part of the landlord's title is being leased - for example "Part of the subjects in this title have been leased under GLAxxxx".
If the landlord's title sheet already includes a Schedule of Leases, a title note should be added to the LRS asking the legal settler to add the lease to that schedule.
If the landlord's title sheet does not already include a Schedule of Leases (in other words, this is the first part of the landlord's title being leased), a title note should be added to the LRS asking the legal settler to add a schedule to the title sheet.

4 The real right field in the property section of the landlord's title sheet should show Ownership.

5 The property section of the landlord's title sheet will be completed as normal for that style of property, and no reference will be made to the leased subjects in the property description by the plans settler - for examples of various property sections, see Further Guidance on Property section styles in the title sheet.

Examples of mapping style - lease of part in a tenement

1 Lease of Part - landlord owns part of a tenement, and the lease is over everything the landlord owns in the tenement

Landlord's title to a flat or unit within the plot of land (tenement steading cadastral unit) - before referencing the lease The landlord's title to the flat or unit within the plot of land is either: (1) already registered in the land register; or, (2) is in the process of being registered by way of an APR application that is being processed along with the Lease application. The first image, right, illustrates the tenement steading cadastral unit as it it shown on the primary ungrouped layer of the cadastral map - a red edge for the tenement steading cadastral unit extent (classified as Tenement Steading). The second image, right, illustrates the grouping containing the supplementary data showing the references pertaining to the flat or unit - pink and blue tints for the ground floor shop premises, and blue and yellow tints for the basement premises (classified as Ownership - Strata).

Landlord's title to a flat or unit within the plot of land (tenement steading cadastral unit) - after referencing the lease The lease is a lease of part of the tenement steading cadastral unit (the plot of land), but is a lease affecting the whole of the landlord's ownership title to the flat or unit. No separate or duplicate plans reference will be required for the leased subjects in the mapping of the landlord's title. Instead, the legal settler will add details of the lease to the title sheet for the landlord's title. No plans reference for any other right, etc described in the lease will be referenced in the mapping of the landlord's title.

Tenant's title - what is shown on the cadastral map and supplementary data In the lease application, the tenement steading cadastral unit will be shown on the primary ungrouped layer of the cadastral map - a red edge for the tenement steading cadastral unit extent (classified as Tenement Steading). The extent of the flat or unit being leased will be mapped in the grouping containing the supplementary data - pink and blue tints for the ground floor shop premises, and blue and yellow tints for the basement premises (classified as Lease). As the landlord's & tenant's titles are co-extensive in this scenario, these references can be copied & pasted through from the Index Layer. No other plans reference from the landlord's title (for example, any reference for a right of access or a burdens reference) will be shown in the mapping of the tenant's title. No plans reference for any other right, etc described in the lease will be referenced in the mapping of the tenant's title. Instead, the lease itself (including any deed plans) will form part of the archive record and will be incorporated in the title sheet by reference to that deed by the legal settler.

2 Lease of Part - landlord owns part of a tenement, and the lease is over unsafe-only part of what the landlord owns in the tenement

Please see the APR plans guidance for the scenario where the landlord owns part of a tenement which is not yet registered, and the lease is over only a part of the landlord's property. The example below applies to the scenario where the landlord's title to part of the tenement is already registered.

Landlord's title to a flat or unit within the plot of land (tenement steading cadastral unit) - before referencing the lease The landlord's title to the flat(s) or unit(s) within the plot of land is already registered in the land register. The first image, right, illustrates the tenement steading cadastral unit as it it shown on the primary ungrouped layer of the cadastral map - a red edge for the tenement steading cadastral unit extent (classified as Tenement Steading). The second image, right, illustrates the grouping containing the supplementary data showing the references pertaining to the flats or units within the landlord's registered title - pink and blue tints for the ground floor shop premises, and blue and yellow tints for the basement premises (classified as Ownership - Strata).

Landlord's title to a flat or unit within the plot of land (tenement steading cadastral unit) - after referencing the lease The lease is a lease of part of the tenement steading cadastral unit (the plot of land), and is also a lease affecting part of the landlord's registered ownership within that tenement steading. No separate plans reference will be required for the leased subjects in the mapping of the landlord's title. Instead, a verbal description of the leased subjects will be added to the a Schedule of Leases in the landlord's title sheet by the legal settler. No plans reference for any other right, etc described in the lease will be referenced in the mapping of the landlord's title.

Tenant's title - what is shown on the cadastral map and supplementary data In the lease application, the tenement steading cadastral unit will be shown on the primary ungrouped layer of the cadastral map - a red edge for the tenement steading cadastral unit extent (classified as Tenement Steading). There is no requirement to show the larger extent of the landlord's title within the mapping of the lease - only the extent of the leased subjects is required. The extent of the flat or unit being leased will be mapped in the grouping containing the supplementary data - pink tint for the ground floor shop premises (classified as Lease). No other plans reference from the landlord's title (for example, any reference for a right of access or a burdens reference) will be shown in the mapping of the tenant's title. No plans reference for any other right, etc described in the lease will be referenced in the mapping of the tenant's title. Instead, the lease itself (including any deed plans) will form part of the archive record and will be incorporated in the title sheet by reference to that deed by the legal settler.

3 Lease of Part - landlord owns the whole tenement, and the lease is over unsafe-only part of what the landlord owns in the tenement

Please see the APR plans guidance for the scenario where the landlord owns the whole of a tenement which is not yet registered, and the lease is over only a part of the landlord's property. The example below applies to the scenario where the landlord's title to the whole of the tenement is already registered.

Landlord's title to the whole tenement (the plot of land) - before referencing the lease The landlord's title to the whole building/ plot of land is already registered in the land register. The first image, right, illustrates the registered cadastral unit as it it shown on the primary ungrouped layer of the cadastral map - a red edge for the cadastral unit extent (classified as Ownership - Exclusive).
Landlord's title to the whole tenement (the plot of land) - after referencing the lease No change is required to the extent of the landlord's registered title so it remains a red edge for the cadastral unit extent (classified as Ownership - Exclusive). As the lease in this example falls into the tenement scenario, no separate plans reference will be required for the leased subjects in the mapping of the landlord's title. Instead, a verbal description of the leased subjects will be added to the a Schedule of Leases in the landlord's title sheet by the legal settler. No plans reference for any other right, etc described in the lease will be referenced in the mapping of the landlord's title.
Tenant's title - what is shown on the cadastral map and supplementary data In the lease application, the (tenement steading) cadastral unit will be shown on the primary ungrouped layer of the cadastral map - a red edge for the tenement steading cadastral unit extent (classified as Tenement Steading). The extent of the flat or unit being leased will be mapped in the grouping containing the supplementary data - pink tint for the ground floor shop premises (classified as Lease). No other plans reference from the landlord's title (for example, any reference for a right of access or a burdens reference) will be shown in the mapping of the tenant's title. No plans reference for any other right, etc described in the lease will be referenced in the mapping of the tenant's title. Instead, the lease itself (including any deed plans) will form part of the archive record and will be incorporated in the title sheet by reference to that deed by the legal settler.