How to Reference an Existing Lease on a new Ownership Title

General

Certain types of leases, known as Long Leases, are capable of being registered in the Land Register and when they affect an ownership title that is being registered, they are referenced in so far as the lease affects.

The two scenarios covered on this page are:

an application to register the ownership of the land is received and the application discloses that the land is affected by a long lease that is recorded in the Sasine Register; or
an application to register the ownership of the land is received and the index map search discloses that there is a lease registered under the 1979 Act that affects the land (sometimes the application will also disclose this information).

Other scenarios that involve a new lease being registered are covered on their own guidance pages within the Mapping Leases section.

Useful links

Mapping Leases guidance

Mapping styles and plans references

Adding an LRS title note

How to reference the existing lease

There are several ways to reference an existing lease in a title sheet, depending on the particular scenario.

Schedule of Leases

In all scenarios covered below, a Schedule of Leases will be required in the title sheet for the ownership subjects. Whilst the Legal settler adds the schedule, the plans settler must make them aware a schedule is needed and provide them with the information they need to complete it.

An LRS note must be added "Please add a Schedule of Leases to the title sheet for the sitt." (If you are dealing with an FA and a Schedule already exists, then adapt the note to read "Please add an entry to the existing Schedule of Leases").
Then a further note must be added following the guidance below.

1 Does the extent of the lease affect the whole ownership subjects being registered?

If it does, then no separate plans reference is needed when mapping the application in the Plan Creator. Instead, add an LRS note advising the Legal settler that the whole subjects are affected by the lease. For example, "The whole of the sitt are leased under DMBxxx.", or "The whole of the sitt are leased in Deed 6.", or "The whole of the sitt are leased in Lease recorded dd/mm/yyyy.".
The ownership polygons will be classified as Ownership as usual on the Plan Creator, even though they are co-extensive with the leased subjects.
If it affects only part of the subjects, then a plans reference may be required - continue to Qu 2.

2 Does the part that is leased comprise part of a tenement or a floor level within a building?

If it does, then no separate plans reference is needed when mapping the application in the Plan Creator. Following the same style used when mapping a new lease within a tenement, a verbal reference is sufficient. Instead, add an LRS note advising the Legal settler that the whole subjects are affected by the lease. For example, "Part of tenement steading cadastral unit DMBxxx has been leased under DMByyy - westmost ground floor unit.", or "Part of the sitt has been leased in Lease recorded dd/mm/yyyy - westmost cellar."
If there is no tenement or floor level element to the lease or ownership application, a plans reference will be required - continue to 3.

3 When the existing lease affects only part of the ownership subjects being registered, and it is a non-tenement/floor level scenario, then a plans reference will be required for the leased subjects.

The extent of the lease (in so far as affecting the ownership subjects) should be mapped from either the Lease deed or copied from the Index layer if already mapped in the Land Register.
Only a reference for the extent of the lease is required, no plans reference is required for any access rights, etc granted to the tenant in the lease.
The lease polygon(s) will normally be mapped on the primary ungrouped layer of the cadastral map, however a grouping showing an additional cadastral map view may be used in particularly complex titles. Please discuss with a referral officer if you believe an additional cadastral map view is required to show the existing lease.
The lease polygon(s) should be classified as Lease on the Plan Creator.
The convention is to reference the area affected by a lease with a yellow edge and number - see Mapping styles and plans references for details of our mapping conventions. If you believe a yellow edge would not be appropriate in your particular application, please discuss with a referral officer.
The first lease being referenced will be numbered 1 in yellow (Using the Label (polygon) function in the Plan Creator). The second lease, if there is more than one that affects the ownership title will be numbered 2 in yellow, and so on.
Add an LRS note advising the Legal settler that part of the subjects are affected by the lease. For example, "Part of the sitt has been leased under DMByyy - the leased subjects are edged & no'd 1 in yellow on the cadastral map', or "Part of the sitt has been leased in Lease recorded dd/mm/yyyy - the leased subjects are edged & no'd 3 in yellow on the cadastral map".

Other points for plans officers

The existence of a registered or recorded lease doesn't affect the way the property description is written in the title sheet.
Remember, no other plans references are to be provided from any plans annexed to the lease (access rights, etc). 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 recorded or registered lease does contain other mappable references, add an LRS note advising the Legal settler that ""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?"
The real right field in the property section of the ownership title sheet should still be completed to show Ownership.
The reference for the leased part of the ownership subjects doesn't affect the calculation of the hectarage of the ownership title.