This User Guide covers the plans settle process for those FR applications not within an RA that do not have a COF which is suitable for approval. For those applications with COFs being approved, although the mapping steps will not be required, consideration of the other settle steps is still necessary to ensure that a correct title sheet and cadastral unit is produced.

If the application contains a degree of complexity beyond your grade or level of experience, please follow agreed local processes for referral or re-categorisation upwards.

Process Steps

Additional Information

Initial steps

1.1 Take on the case you have been allocated in the CMS.

CMS Quick Reference Guides

1.2 Take on the case at plans settle on the LRS.

1.3 Check the application record for any attached or unattached applications over the FR title number.

1.3.1 If there are any additional applications listed in the LRS, check that these have also been attached on the CMS.

1.3.2 For unattached applications, attach on the LRS & in the CMS if it is appropriate to do so.

How to attach an application in the LRS

To attach related applications:

take-on all applications in the LRS - the oldest application will become the main or lead application
open the newer application
click "Attach"
highlight the older application on the "Attach to" screen
click "OK"
confirm that newer application is to be attached to the older application
click "OK"
select "Yes" in the confirmation window
select "OK" in the second confirmation window.

Once applications are attached, they share a single title workdesk but they retain individual application workdesks. When functions such as Release or Confirm are performed on the lead application, the same function is automatically applied to any attached application.

Glossary - LRS abbreviations & codes

When to Attach Subsequent Applications to a Complex FR or TP

Take care when attaching casework. Always ensure the lead application contains the title version you need to work on. If applications are attached in the wrong order, titles can be overwritten and information lost.

Determine if contents of application are acceptable

1.4 Ensure the deeds submitted in the application can be viewed on the CMS.

1.4.1 If an Inventory has been submitted with the application, ensure that the deeds listed on it correspond with those held in the CMS.

1.4.2 If a deed that is listed on the Inventory as submitted is not held in the CMS, refer to your team leader for consideration.

1.4.3 On completion of all the plans examination steps if any of the deeds required to plans settle the case have not been submitted (with the exception of any deeds that are on the CDI), and if there is no further explanation on the application form as to why a deed has not been submitted, the application should be rejected.

Please note that rejections under paragraph 1.4.3 should be completed as soon as practicable after the date of registration. If in doubt as to how to proceed if a rejection under paragraph 1.4.3 has been delayed, please refer to your referral officer or team leader for advice.

1.5 Identify the deed inducing registration (DIR) for the application.

DIR

The deed inducing registration is the deed that has been presented for registration. This will be the deed referred to in the Application Details section in Part A of the registration form.

1.6 Identify the deed for extent. This will either be:

the DIR, or
a previously recorded deed (or deeds) that defines the extent of the property to be registered.

1.6.1 The deed for extent can be identified by:

- reading the DIR, and
- checking Part B of the Application for Registration form to see if the question "Do the deeds submitted in support of this application include a plan or full bounding description identifying the extent of the plot to be registered?" has been answered. If the answer is Yes, details of the deed, or deeds, for extent should have been provided on the form.

1.6.2 When the 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 should be taken from the new plan annexed to the DIR.

1.7 Check the deed for extent has been submitted and is held in the CMS.

If the deed for extent has not been submitted, see paragraph 1.4.3, above.

Check for tenement or flatted property

1.8 Check the deed for extent to establish if the property being registered is a tenement, flatted or other sub-divided property

Definition of tenement or flatted property

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 of the tenement building/flatted building/sub-divided building and any other land pertaining to the building or part of the building.

1.8.1 This can be done by

- reading the deed for extent to see if the description of the property refers to a flat or unit within a block or tenement, and
- checking Part B of the Application for Registration form to see if the question "Has all or part of the plot of ground been delineated on the cadastral map?" has been answered. If the answer is Yes, this may be because the property falls within a tenement steading where there is a previous registration for a flat or unit. If a list of title numbers or cadastral units is provided in the answer, these can be looked at on the Plan Viewer or LRS to see if any are for flats or units within a tenement steading.

1.8.2 If the property being registered is not a tenement, flatted or other sub-divided property, proceed to step 1.9.

1.8.3 If the property being registered is a tenement, flatted or other sub-divided property, proceed to step 1.15.

Mapping Tenement guidance

Non-tenement or flatted properties

1.9 Does the deed for extent contain an acceptable plan or a full bounding description?

If the deed for extent does not meet these criteria, refer to a referral officer to consider for rejection.
If the plot includes or is wholly seabed, check the deed meets the requirements for seabed plots - Description of Seabed Plot Must Be Acceptable.

1.10 Does the deed for extent fully define all areas of exclusive ownership?

If the deed for extent does not meet this criteria, refer to a referral officer to consider for rejection.
Please note, a separate check of the areas in common ownership is made at stage 3 of the plans settle process - Check for Common Areas & Shared Plots.

1.11 Do the references in the text of the deed for extent correspond with details on the deed plan?

- If there is a plans reference in the text of the deed for extent that is not clearly shown on the deed plan, the application should be rejected.
- If there is a plans reference on the deed plan that is not referred to in the text of the deed for extent, the reference on the plan can be ignored and the application should not be rejected.

1.12 If an attached dealing accompanies the case, check contents to see if there is an additional deed plan that affects the property to be registered.

Check the deed plan in the attached dealing is an acceptable plan for registration.

1.13 Examine plans to any Standard Securities or Deeds of Restriction to ensure plans are co-extensive with the property being registered.

If they are not co-extensive, take a note of this as a plans reference will have to be provided on the cadastral map.

1.14 Proceed to the next part of the process - Prepare for Mapping - FR Plans - non RA

Tenement, flatted or other sub-divided properties

1.15 Does the Keeper already hold an acceptable extent for the tenement steading?

1.15.1 If the answer is yes, proceed to step 1.16.

1.15.2 If the answer is no, does the application contain sufficient information for the Keeper to identify the extent of the tenement steading?

- The application may contain an acceptable plan or a full bounding description of the tenement steading; or
- the deeds submitted with the application, taken together with the mapping of any PRs in the tenement block, may provide sufficient information for the Keeper to derive an acceptable tenement steading extent.

1.15.3 If the answer to 1.15.2 is yes, proceed to step 1.16.

1.15.4 If the answer to 1.15.2 is no, refer the application to a referral officer to consider for rejection.

1.16 Does the deed for extent contain an acceptable description of the individual flat?

1.16.1 If the answer to 1.16 is yes, proceed to step 1.17.

1.16.2 If the answer to 1.16 is no, refer the application to a referral officer to consider for rejection.

1.17 Please note, a separate check of the common areas that lie within and outwith the tenement steading is made at stage 3 of the plans settle process - Check for Common Areas & Shared Plots - Tenements.

1.18 If a deed plan is attached to the deed for extent, do the references in the text of the deed for extent correspond with details on the deed plan?

- If there is a plans reference in the text of the deed for extent that is not clearly shown on the deed plan, the application should be rejected.
- If there is a plans reference on the deed plan that is not referred to in the text of the deed for extent, the reference on the plan can be ignored and the application should not be rejected.

1.19 If an attached dealing accompanies the case, check contents to see if there is an additional deed plan that affects the property to be registered.

Check the deed plan in the attached dealing is an acceptable plan for registration.

1.20 Examine any Standard Securities or Deeds of Restriction to ensure any plans or verbal descriptions are co-extensive with the property being registered.

If they are not co-extensive, take a note of this as a reference will have to be provided on a grouping as supplementary data for the individual flat.

1.21 Proceed to the next part of the process - Prepare for Mapping - FR Plans - Non RA - Tenement

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