Identifying the Tenement Steading Extent - 4-in-a-block and Split Villa Type Properties
- Editor9
What is a 4-in-a-block?
These flatted properties are relatively common in Scotland, and were built by local authorities and private developers. They generally follow a standard pattern with 2 ground floor flats and 2 upper floor flats, each with their own external front door, with shared access paths and often shared drying areas, as well as areas of exclusive garden ground. The solum and roof of the block are normally mutually shared. Less common variations do also exist, for example there are also blocks with a shared open central access stair to the upper floors, or sometimes even a block of 6, but the pattern is still very similar with the layout of garden ground and paths and usually drying areas. They tend to be built in groups of such properties and the regularity of design and layout can assist the Keeper in identifying the tenement steading cadastral unit extent.
What is a split villa?
These are usually larger, individual buildings that are subdivided into one or more units where there is an element of floor level involved. Normally these are large older houses that have been redeveloped and split into separate units, although there are some purpose built ones. For example, the western part of the building together with the ground floor of a central part of the building comprises one unit, with the eastern part of the building with the first floor of the central part of the building comprises the other unit. Please note that if a building is split into parts that do not involve floor levels (for example, the western half and the eastern half are two units), then this would not be a split villa in the sense of this guidance as it would not form a type of tenement, rather they would be a semi-detached houses. Again, normally each unit in a split villa has its own front door, the grounds surrounding the building can be divided into shared areas or exclusive areas but there are often shared driveways and exclusive gardens. The solum and roof are normally mutually shared under/over at least the part affected by the floor levels. Unlike 4-in-a-blocks, these do not tend to be built in groups of similar properties, and are usually of individual design. So whilst not offering the same scope for identifying patterns in tenement steading extents as 4-in-a-blocks, there are still scenarios that can assist the Keeper.
What is an acceptable existing extent for a tenement steading?
In each of the following scenarios, the Keeper is deemed to already hold an acceptable extent for the tenement steading and the application should proceed based on that extent.
- A tenement steading cadastral unit has already been set up on the cadastral map through a previous 2012 Act registration (PR) of a flat within that tenement.
- A previous 1979 Act registration (PR) of a flat within that single tenement was mapped using the site plan method (described as being "within the land edged red"), and the extent of the single tenement steading is delineated on the index map. (Please note, a site plan extent from a 1979 Act PR that includes multiple tenements is not an acceptable extent).
- A research area (RA) has previously been set up for a single tenement or block, and the extent of the tenement steading is delineated (usually with a blue edge) on the index map. (Please note, an RA extent that includes multiple tenements is not an acceptable extent).
- The parent title for a TP of a flat comprises only the single tenement or block, and the extend of the tenement steading is delineated (usually with a red edge) on the index map. (Please note, a parent title extent that includes multiple tenements is not an acceptable extent).
- A tenement steading cadastral unit has already been set up on the cadastral map through a previous 2012 Act registration (PR) of a flat within that tenement.
Remember, the extent of the tenement steading cadastral unit should be based on the registered titles and deed plans, not on the features shown on the OS map. In most instances, these will coincide but not always. The land register is a register of legal extent, not occupied extent.
Registering the final flat in a 4-in-a-block or split villa when no tenement steading has yet been defined
Sometimes, between the information already held by the Keeper on the index map and the information provided in the current application, the full extent of the tenement steading cadastral unit for a 4-in-a-block or split villa is clear.
An example of this type of scenario could be a 4-in-a-block comprising four flatted properties, all with exclusive garden ground and rights to common areas. Three of the flats are already registered in the land register, having been registered under the 1979 Act and having been mapped using tinting method (in other words, not mapped "within the land edged red"). The fourth and final flat is submitted for registration with a deed plan showing the ground, etc pertaining to that final flat. The applicant, however, does not supply a plan or description defining the extent of the tenement steading cadastral unit. Taking the plotted areas already shown on the index map and the areas in the extent deed for the fourth (and final) application, the "jigsaw" is completed and it should be possible to create a tenement steading cadastral unit that follows the external boundaries of the ground pertaining to the four flatted properties.
| 4-in-a-block example | ||
|---|---|---|
 |  |  |
Registered titles. 3 of the 4 flatted properties comprising the block have already been registered under the 1979 Act using the tinting method of mapping. | Deed plan for current application. The deed plan for the current application to register the fourth and final flat in the block agrees with all the previous registrations. This deed plan completes the picture of the full extent of ground pertaining to the block. | Tenement steading cadastral unit. Combining the information already held by the Keeper on the index map for the 3 registered properties with that supplied in the current application, the tenement steading cadastral unit can clearly be identified as the area edged red on the plan (above). |
Another example of this type of scenario could be a split villa comprising two flatted properties, both with exclusive garden ground and verbal rights to common parts of the building. The current application is described as "...the dwellinghouse comprising the ground floor flat of the building formerly known as Sunnyvale and now converted into separate flatted houses..." so we know there is a floor level element to the division of the building. One flat is already registered in the land register, having been registered under the 1979 Act and having been mapped using tinting method (in other words, not mapped "within the land edged red"). The second and final flat is submitted for registration with a deed plan showing the ground, etc pertaining to that final flat. The applicant, however, does not supply a plan or description defining the extent of the tenement steading cadastral unit. Taking the plotted areas already shown on the index map and the areas in the extent deed for the second (and final) application, the "jigsaw" is completed and it should be possible to create a tenement steading cadastral unit that follows the external boundaries of the ground pertaining to the two flatted properties.
| Split villa example | ||
|---|---|---|
|  |  |
Registered title. 1 of the 2 flatted properties comprising the split villa has already been registered under the 1979 Act using the tinting method of mapping. | Deed plan for current application. The deed plan for the current application to register the second and final flat in the split villa agrees with the previous registration. This deed plan completes the picture of the full extent of ground pertaining to the block. | Tenement steading cadastral unit. Combining the information already held by the Keeper on the index map for the registered property with that supplied in the current application, the tenement steading cadastral unit can clearly be identified as the area edged red on the plan (above). |
- If your application fits this final flat scenario, and the extent of the tenement steading cadastral unit is clear from the existing registrations and the current application, proceed with the application using the tenement steading cadastral unit you have derived.
- If you are in any doubt that your application does fit the scenario, or you believe there is a potential issue with the mapping of the titles involved, please speak with a referral officer.
Registering a flat in a 4-in-a-block or split villa when no tenement steading has yet been defined but the external boundaries are shown in registered titles
There are other scenarios with 4-in-a-blocks or split villa where the full extent of the tenement steading cadastral unit is clear from the information already held by the Keeper on the index map and the information provided in the current application.
Such a scenario could be a 4-in-a-block comprising four flatted properties, all with exclusive garden ground and rights to common areas. Two of the four flats are already registered in the land register, having been registered under the 1979 Act and having been mapped using tinting method (in other words, not mapped "within the land edged red"). the two registered flats comprise the flats with the "outer" areas of garden ground. The third flat is submitted for registration with a deed plan showing the ground, etc pertaining to that flat. The applicant, however, does not supply a plan or description defining the extent of the tenement steading cadastral unit. Taking the plotted areas already shown on the index map and the areas in the extent deed for the current application, the external edge of the "jigsaw" can be seen and it should be possible to create a tenement steading cadastral unit that follows the external boundaries of the ground pertaining to the block.
| 4-in-a-block example - outer gardens already registered | ||
|---|---|---|
|  |  |
Registered titles. 2 of the 4 flatted properties comprising the block have already been registered under the 1979 Act using the tinting method of mapping. These are the two flats with the gardens on the outer edges of the tenement steading. | Deed plan for current application. The deed plan for the current application to register the third flat in the block agrees with the previous registrations, and confirms the rear boundary line of the back gardens. | Tenement steading cadastral unit. Combining the information already held by the Keeper on the index map for the 2 registered properties with that supplied in the current application, the tenement steading cadastral unit can clearly be identified as the area edged red on the plan (above). |
Another 4-in-a-block scenario where the Keeper has enough information to derive a tenement steading cadastral unit is described here. One or more of the four flats are already registered in the land register, having been registered under the 1979 Act and having been mapped using tinting method (in other words, not mapped "within the land edged red"). one of those registered flats comprises a flat with "outer" areas of garden ground. The other properties surrounding the 4-in-a-block are also already registered helping to define the perimeter of the block. The next flat is submitted for registration with a deed plan showing the ground, etc pertaining to that flat. The applicant, however, does not supply a plan or description defining the extent of the tenement steading cadastral unit. Taking the plotted areas already shown on the index map and the areas in the extent deed for the current application, the external edge of the "jigsaw" can be seen and it should be possible to create a tenement steading cadastral unit that follows the external boundaries of the ground pertaining to the block.
| 4-in-a-block example - combination of outer gardens & neighbouring properties already registered | ||
|---|---|---|
|  |  |
Registered titles. 1 of the 4 flatted properties comprising the block has already been registered under the 1979 Act using the tinting method of mapping. This flat's garden defines the the outer edge of one side of the tenement steading (the southwest). The other sides of the tenement steading are defined by other neighbouring registered titles (in this example, another 4-in-a-block on the east, and a development of houses to the northwest). | Deed plan for current application. The deed plan for the current application to register a second flat in the block agrees with the previous registrations, and confirms the rear boundary line of the back gardens. | Tenement steading cadastral unit. Combining the information already held by the Keeper on the index map for the registered flat and surrounding properties with that supplied in the current application, the tenement steading cadastral unit can clearly be identified as the area edged red on the plan (above). |
- If your application fits a variation of these outer garden/neighbouring titles scenarios, and the extent of the tenement steading cadastral unit is clear from the existing registrations and the current application, proceed with the application using the tenement steading cadastral unit you have derived.
- If you are in any doubt that your application does fit the scenario, or you believe there is a potential issue with the mapping of the titles involved, please speak with a referral officer.
These same guidelines can also be applied in split villa style properties, however particular care should be taken as split villas do not follow the same pattern of multiple blocks with regular layouts. If you are in any doubt about whether your split villa application fits the scenario or not, or if you believe there is a potential issue with the mapping of the titles involved, please speak with a referral officer.
Registering a flat in a 4-in-a-block or split villa when no tenement steading has yet been defined and limited information is available
If a tenement steading cadastral unit hasn't yet been defined, your application does not contain a steading extent provided by the applicant, and the Keeper does not have sufficient information from previously registered titles, it will not be possible to identify the full tenement steading cadastral unit extent. Instead, consideration should be given to setting up the tenement steading cadastral unit with a restricted extent that comprises, as a minimum, the extent of the tenement building, all registered flats, their rights and pertinents.
There is further guidance for settlers and referral officers in Identifying tenement steading extents - general for this process and the type of considerations involved, for example minimum requirements, how to handle verbal references, adding additional flats at a later date, etc, however two simple examples have been provided here to illustrate how the process works with regard to 4-in-a-blocks or split villas.
If it is not possible to derive even a restricted extent for the tenement steading cadastral unit from the information available. the application should be considered for rejection.
| 4-in-a-block example - insufficient information available, restricted tenement steading cadastral unit extent can be created | ||
|---|---|---|
|  |  |
Registered titles. 1 of the 4 flatted properties comprising the block has already been registered under the 1979 Act using the tinting method of mapping. This flat does not define the outer boundaries of the tenement steading, nor are there existing registered titles in the neighbouring blocks that can be used to define the extent of the cadastral unit. | Extent of current application. The deed plan for the current application contains enough information to identify and plot all the rights and pertinents of the flat being registered (no verbal rights to areas of ground), however it does not contain a definition of the full tenement steading extent for the block of 4 flats. Sufficient detail is shown on the deed plan to identify the full extent of the tenement building. | Restricted tenement steading cadastral unit. As we do not have enough information available from the deeds and previous registrations, we cannot establish the full tenement steading cadastral unit extent. We do have enough information, however, to establish a restricted extent for the tenement steading cadastral unit and that way we do not have to reject the application. The restricted tenement steading extent includes the whole tenement building plus all the areas of land that we know are owned by one or more of the flats in the block - the current application and any PRs. |
| split villa example - insufficient information available, restricted tenement steading cadastral unit extent can be created | ||
|---|---|---|
|  |  |
No registered titles in the block or neighbouring properties. The deed plan for the current application provides sufficient detail to identify the extent of the tenement building as well as those areas of ground (exclusive and common) pertaining to the flat being registered. | Extent of current application. The plans references for the flat in the current application are mapped onto supplementary data as normal. | Restricted tenement steading cadastral unit. As we do not have enough information available from the deeds and previous registrations, we cannot establish the full tenement steading cadastral unit extent. We do have enough information, however, to establish a restricted extent for the tenement steading cadastral unit and that way we do not have to reject the application. The restricted tenement steading extent includes the whole tenement building plus all the areas of land that we know are owned by one or more of the flats in the block - the current application and any PRs. |
- Whenever possible, the tenement steading cadastral unit will comprise the extent of all flats, their rights and pertinents. If this is not possible, consideration should be given to setting up the tenement steading cadastral unit with a restricted extent that comprises, as a minimum, the extent of the tenement building, all registered flats, their rights and pertinents.
- If your application fits a variation of the restricted tenement steading cadastral unit scenarios, and the extent of the restricted tenement steading cadastral unit is clear from the existing registrations and the current application, proceed with the application using the restricted tenement steading cadastral unit you have derived.
- If you are in any doubt that your application does fit the scenario, or you believe there is a potential issue with the mapping of the titles involved, please speak with a referral officer.
Please remember, land belonging to another party outwith the tenement over which a servitude right exists should not be included in the cadastral unit.
Registering a flat in a 4-in-a-block or split villa when no tenement steading has yet been defined and insufficient information is available
As with all types of tenement properties, there will be instances where it is not possible for us to identify the tenement steading extent and these applications should be considered for rejection.
- No suitable extent for the tenement steading cadastral unit is already available.
- No suitable extent for the tenement steading cadastral unit is supplied in the application, or
- the existing PRs in the block and neighbouring registrations do not provide enough information to define the external boundaries of the tenement steading cadastral unit.
- In some instances, the current application and the PRs do not include enough information to define the full extent of the tenement building.
- Either the current application or the PRs include areas of ground (exclusive or common) that are verbally described - this means it is not possible to draw around the extent of these to create a restricted tenement steading cadastral unit.
If your application and the available information from previous registrations do not allow a full or restricted tenement steading cadastral unit to be identified, the application should be considered for rejection.
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.
Using this website requires you to accept cookies. More information on cookies.
Feedback