General

A key requirement for registration in the Land Register is that applications must provide a satisfactory description of the property to allow the Keeper to accurately represent that property on the cadastral map. See Description of Property Must Be Acceptable for details of the requirements for different application types.

Prior to the introduction of the Land Register, there was no requirement for title deeds that were recorded in the Register of Sasines to include an accurate plan of the property. Instead, the requirement was that to record a deed it must contain a sufficient description of the property. Such descriptions are varied and can include plans drawn by professional surveyors, plans drawn by non-professionals, plans based on historic maps, boundary descriptions based on physical features, descriptions based on field numbers, descriptions based on vague descriptions, or a combination of these. As the quality of the description or plan in these prior Sasine deeds is not always suitable for registration purposes, sometimes it is necessary for a new deed plan to be produced to clarify the historical descriptions contained in the prior deeds. Such new deed plans should be attached to the DIR in the application and are not acceptable as standalone "certified plans".

See also Further Guidance on the keeper's policy regarding Location Plans and Draft Plans.

Useful Links

Acceptable Descriptions of Excepted Areas in a DIR

Bounding Description of Property Must Be Acceptable

Deed Plan Criteria (external link)

Description of Flatted Property Must Be Acceptable

Draft Plans

Location Plans

Partial Reference Shown on Deed Plan

Monochrome Plans

When there DIR describes the extent of the property to be registered by reference to both a new plan annexed to the DIR and to a previously recorded deed, the extent is to be taken from the new plan annexed to the DIR.

Demonstrative Deed Plans - It is the Keeper's published policy that new deed plans "must not be stated to be demonstrative only and not taxative". While there are relatively few DIRs which contain this statement, or similar, if your application does contain such a statement, it should be referred to a referral officer for rejection.

New deed plans

click here for guidance on accepting new deed plans

Essential criteria for new deed plans

If all of the five criteria listed below are met, the new deed plan is acceptable.

	Criteria	Additional Comments
1	The scale of the deed plan must be appropriate to the scale of the Ordnance Survey (OS) map, or other base map used by the Keeper.	If the scale of the most suitable available map is insufficient to show all the necessary detail, an inset plan at a larger scale may be used.
2	A scale and the orientation of north must be displayed on the deed plan.	A drawn or bar scale is preferred as this allows any distortion from photocopying or re-printing to be identified.
3	The deed plan must contain sufficient surrounding detail to enable the position of the subjects to be fixed with accuracy.	Useful surrounding detail includes features such as fences, other buildings, and road junctions.
4	The boundaries of the subjects must be clearly shown, preferably with measurements.	The plan must not be stated to be demonstrative only and not taxative; measurements on new plans should be shown in metric units.
5	References on the deed plan must be clearly identifiable.	Exclusive and shared areas must be referenced separately on the deed plan, and should be consistent with the text of the deed.

View the full guide published by the Keeper for conveyancers and other legal professionals on Deed Plan Criteria

Examples of acceptable and unacceptable plans

Figure 1 - unacceptable deed plan

Figure 2 - extract from OS map

Figure 3 - acceptable deed plan

This deed plan meets some but not all of the criteria for accurately identifying a property on the cadastral map, and therefore cannot be accepted for registration. Although it is at an appropriate scale, is drawn to scale, has a north arrow, and contains a single metric measurements, it does not contain sufficient surrounding detail to identify it accurately on the cadastral map.

This particular style of deed plan is often known as a floating shape plan.

The subjects shown on the plan in Figure 1 could be any of the three properties coloured on this extract from the OS map.

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This deed plan meets the criteria for accurately identifying a property on the cadastral map and can therefore be accepted for registration. It is at an appropriate scale, is drawn to scale, has a north arrow, contains metric measurements, and contains sufficient surrounding detail to identify it accurately as the property coloured pink on Figure 2.

If the new deed plan in your application does not meet the five criteria listed above, refer to a referral officer as the application may need to be rejected because the Keeper cannot accurately identify and represent the property on the cadastral map.

Previously recorded or registered deed plans

click here for guidance on accepting previously recorded or registered deed plans

Essential criteria for previously recorded or registered deed plans

If all of the five criteria listed below are met, the previously recorded or registered deed plan is acceptable.

	Criteria	Additional Comments
1	The scale of the deed plan must be appropriate to the scale of the Ordnance Survey (OS) map, or other base map used by the Keeper.	If the scale of the most suitable available map is insufficient to show all the necessary detail, an inset plan at a larger scale may be used.
2	A scale and the orientation of north must be displayed on the deed plan.	As paper plans may have distorted over time, do not rely on a stated scale (e.g. 1:2,000); instead use a bar scale if shown or consider georeferencing the deed plan in QGis.
3	The deed plan must contain sufficient surrounding detail to enable the position of the subjects to be fixed with accuracy.	It may be necessary to look at County Series maps for confirmation of the position of the property if the deed plan is based on an older map or shows surrounding features that have changed over time.
4	The boundaries of the subjects must be clearly shown, preferably with measurements.	Measurements on previously recorded or registered deed plans may be shown in metric or imperial units.
5	References on the deed plan must be clearly identifiable.	Exclusive and shared areas must be referenced separately on the deed plan, and should be consistent with the text of the deed. If only a copy of the original deed plan is submitted, the references must be legible on the copy; in particular, if a monochrome copy of a coloured plan is submitted, the plan is only acceptable if all the references can be clearly distinguished (for example, from different hatchings on the plan, or by use of any textual information on the plan).

Examples of acceptable & unacceptable plans

Figure 1 - unacceptable deed plan

Figure 2 - extract from OS map

Figure 3 - acceptable deed plan

This particular style of deed plan is often know as a "Floating Shape" plan.

The subjects shown on the plan in Figure 1 could be any of the three properties coloured on this extract from the OS map.

If the previously recorded or registered deed plan in your application does not meet the five criteria listed above, refer to a referral officer as the application may need to be rejected because the Keeper cannot accurately identify and represent the property on the cadastral map.

Deed plans submitted to define the extent of a tenement steading

click here for guidance on accepting deed plans showing tenement steadings

If the property to be registered is a flat or unit within a tenement, flatted or other sub-divided building, the Keeper will represent that tenement and all registered flats within it as a single cadastral unit on the cadastral map. Where possible, the tenement steading cadastral unit will comprise the extent of all flats, their rights and pertinents. If this is not possible, provided certain requirements are met, a restricted extent can be set up comprising the extent of all registered flats, their rights and pertinents; if a restricted extent is used, it may be updated by the keeper to include any additional areas of ground registered as part of future applications to register further flats in the same tenement.

Often, the Keeper will already hold an acceptable extent for the tenement steading. However, there will also be instances when the Keeper does not already hold an acceptable extent for the tenement steading. In such instances, either (1) a plan or suitable description of the extent of the full tenement steading cadastral unit, or (2) a plan or suitable description of the tenement building itself, and of all the rights and pertinents of the flat that are located outwith the building must be supplied in the application otherwise the application will be rejected - See Further Guidance on acceptable deed plans, bounding descriptions and identifying the tenement steading extent;

The tenement steading provided in the application can be:

shown on a new deed plan attached to the DIR;
by inclusion in the application as a separate plan; this plan may be referred to in the application form although it is not essential for the application form to include the reference;
shown on a previously recorded or registered deed plan; or
a verbal or bounding description contained in a previously recorded or registered deed.

If the steading is shown on a deed plan, the criteria listed above for new deed plans and previously recorded or registered deed plans should be met and the same guidance followed.

Deed plans used in combination with a verbal description of the foreshore "ex adverso" the subjects shown on the deed plan

click here for guidance on accepting descriptions of foreshore "ex adverso" the subjects on a deed plan

A style of property description occasionally seen is for the plot of land to be described by reference to a deed plan and then to be supplemented by a verbal description of the foreshore ex adverso the defined plot of land. By using the term ex adverso, the description is limiting the lateral boundaries to those at the extremes of the landward boundaries; and by using the term foreshore, the description is limiting the landward and seaward boundaries to the high and low water marks, respectively. This is an acceptable style provided:

it is clear from the verbal description which boundary is being referred to;
the plot shown on the deed plan extends to the high water mark; and
it is the whole foreshore (from the high to the low water) that is included in the description, not just an undefined part of it.

The extent of the foreshore described in the deed should be included within the mapping of the cadastral unit: a separate reference for the foreshore will only be required if legal advise that a reference is required for burdens, etc. When plotting the foreshore, the seaward boundary is the mean low water mark of ordinary spring tides (the line of which is marked "MLWS" on the OS map). The lateral boundary of the section of foreshore is a line drawn seawards from the end of the land boundary, perpendicular to a straight line drawn parallel to the average direction of the coast. See Mapping Natural Water Boundaries for more guidance on water boundaries in general.

Acceptable & unacceptable examples

	Unacceptable combinations of plan and "ex adverso" description	Acceptable combination of plan and "ex adverso" description
Deed Plan
Description in deed	"All & whole...the area of ground edged blue on the plan annexed hereto, together with the foreshore...." (the extent of the foreshore to be included is not specified in the description - from this description, the lateral boundaries are not defined) "All & whole...the area of ground edged blue on the plan annexed hereto, together with part of the foreshore ex adverso the subjects...." (the part of foreshore to be included is not specified) "All & whole...the area of ground edged blue on the plan annexed hereto, together with part of the foreshore ex adverso the north boundary...." (the part of foreshore to be included is not specified)	"All & whole...the area of ground edged blue on the plan annexed hereto, together with the foreshore ex adverso the north boundary...." "All & whole...the area of ground edged blue on the plan annexed hereto, together with the foreshore ex adverso the subjects...." (although north boundary has not been specified, there is only one boundary in this example that follows the high water mark. Therefore it is ok to accept this description) "All & whole...the area of ground edged blue on the plan annexed hereto, together with the foreshore ex adverso the north boundary between points A & B in blue on the said plan...." (Please note, points A & B have not been shown on the sample deed plan above, however in a real case, provided the points are clearly marked on the deed plan, the exact section of foreshore to be included could be identified. Therefore it would be ok to accept this description.)
Action to be taken	As none of the example descriptions given, above, contain an acceptable description of the area of foreshore to be included within the cadastral unit, the application should be rejected.	As each of these example descriptions are acceptable and identify the full extent of the foreshore being registered, the cadastral unit should be mapped to its full extent. The lateral boundaries are plotted at right angles to the average line of the high water mark at that point on the coast.
Cadastral unit extent

If it is not clear from the deed exactly which area of foreshore is to be included in the cadastral unit, then the application should be rejected as an acceptable description of the whole plot of land to be registered has not been provided in the application.

Previously recorded or registered deeds with plans and referring to parcel or field numbers

click here for guidance on accepting plans supported by references to parcel or field numbers

If the property to be registered is all or part of an older farm or a country estate, the deed for extent may describe the property by reference to a plan and to parcel or field numbers. The parcel or field numbers correspond to numbers shown on a particular edition of a County Series or Ordnance Survey map, and must be checked against that edition as the numbers sometimes changed over time when, for example, fields were divided or merged. In such deeds, a copy or extract of the relevant map version normally forms the basis of the deed plan. If a copy of the deed with no plan attached is submitted (for example, a copy of a deed recorded prior to 1934 when recorded deeds began to be photocopied for the archive rather than copied by hand), the parcel or field numbers on their own are not sufficient to establish the extent of the property.

If no copy of the deed plan is submitted with the deed, refer to a referral officer as the application may need to be rejected because the Keeper cannot accurately identify and represent the property on the cadastral map.
The parcel or field numbers referred to in the deed must be checked against the extent of the property as drawn on the deed plan; if there is a discrepancy between the two, refer to a referral officer for a decision on how to proceed.
If the extent defined by the parcel or field numbers does not coincide with the boundary features on the current Ordnance Survey map, refer to a referral officer for a decision on how to proceed.

Exceptions

1 Property is seabed

If your application is to register an area of seabed in the registration county of SEA, special requirements exist. See Further Guidance Description of Seabed Plot Must Be Acceptable.

2 Lease of part of a tenement

If your application is to register a lease of part of a tenement, there is an exception to the normal policy that can be applied if the lease contains a verbal description AND refers to a plan. If the plan showing the leased premises does not meet the keeper’s requirements for mapping, we can treat the reference to the plan as pro non scripto and work solely with the verbal description of the leased premises. This is only possible because of the keeper’s policy of incorporating the whole of the lease deed (with any plans) into the title sheet by reference to the deed in the archive record, since the information contained in the lease plans is not “lost” when the keeper uses only the verbal description. This exception to normal policy must only be applied to this scenario of leases within tenements (and an associated APR application) – not to non-tenement leases, and not to ownership titles within tenements.

It must be stressed, however, that the keeper can only proceed on the basis of the verbal description if that verbal description is acceptable. The external general guidance on the cadastral map relating to tenements and other flatted buildings states that where the keeper already holds an extent for the tenement steading, the applicant should ensure that that their application/deed is clear about the location [within the tenement] of the flat or unit with which they are dealing. See Further Guidance page Description of Flatted Property Must Be Acceptable for details of what constitutes an acceptable verbal description.

3 Lease plans showing detail other than the extent of the leased premises

Often in a lease, or variation of lease, as well as the plan showing the extent of the leased premises, there will be additional plans annexed to the deed that show leasehold conditions (for example, rights of access in favour of the tenant, extent of the landlord's larger subjects, etc). As the keeper will only be mapping the extent of the leased premises, and will not be providing plans references for the leasehold conditions (see Mapping Leases for guidance on the keeper's policy on preparing lease title sheets), there is no requirement for those additional plans to meet the deed plan criteria set out, above.

4 Voluntary registration

It is acceptable for a voluntary registration application to use digital data as an alternative to paper based plans and deeds. With voluntary registrations the application may or may not include the paper deeds or they may not contain sufficient information to identify the location and extent of the property. In this scenario, the submitting agent may choose to submit plans information in digital format. In this case, a PDF of the plan is also required. The extent of the subjects can be mapped using the digital data along with the PDF for visual representation. The PDF is essential to ensure that the digital data accurately represents the property being registered.

General

New deed plans

Essential criteria for new deed plans

View the full guide published by the Keeper for conveyancers and other legal professionals on Deed Plan Criteria

Figure 1 - unacceptable deed plan

Figure 2 - extract from OS map

Figure 3 - acceptable deed plan

Previously recorded or registered deed plans

Essential criteria for previously recorded or registered deed plans

Figure 1 - unacceptable deed plan

Figure 2 - extract from OS map

Figure 3 - acceptable deed plan

Deed plans submitted to define the extent of a tenement steading

Deed plans used in combination with a verbal description of the foreshore "ex adverso" the subjects shown on the deed plan

Deed Plan

Description in deed

Action to be taken

Cadastral unit extent

Previously recorded or registered deeds with plans and referring to parcel or field numbers

Exceptions

1 Property is seabed

2 Lease of part of a tenement

3 Lease plans showing detail other than the extent of the leased premises

4 Voluntary registration

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