Take on Case - TP Plans - Cat A

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Feb 05, 2016

Process Steps

Additional Information

Initial steps

 

1.1 Take on case at plans settle on the LRS. The case is automatically added to the /wiki/spaces/2ARM/pages/64455073.

  • Refer to the L53 for any additional application record search instructions.

 

1.2 Check the application record for other pending TPs, TAs, FAs or DWs over the parent title.

  • All applications affecting a title sheet must be processed in order of receipt by the Keeper.
  • If another pending application over the parent title exists, check to see if its date of registration is before or after the application you have.
    • If the other application is dated after your application, you can continue to process your application.
    • If the other application is dated before your application, you must check to see if it has been plans settled or not.
      • If it has been plans settled, you can continue to process your application.
      • If it has not been plans settled, you must not continue with your application until the prior pending one has been plans settled.

Glossary - LRS abbreviations & codes

Under the terms of the 2012 Act, all applications affecting a title MUST be settled in date order - this means that no TP, FA or DW affecting a parent title can be settled out of turn.

 

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

1.3.1 Locate the casebag if it is not already tied with the case.

1.3.2 For unattached applications, attach on the system if it is appropriate to do so.

 How to attach an application.

To attach related applications:

    • take all applications on. NOTE: 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 Standard 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 casebag are acceptable

 

1.4 Ensure the deeds enclosed correspond with the inventory (if completed).

  • If a deed that is ticked as submitted by Intake is not in the case bag, refer to your team leader to instigate a search for the missing deed.

 

1.5 Identify the deed inducing registration (DIR) in the case.

 DIR

The deed inducing registration is the deed that has been presented for registration. This will be the deed referred to on the registration form.

 

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

  • the DIR, or
  • very rarely in TPs, a previously recorded deed 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  If the deed for extent is not the DIR, check it has been submitted.

 

 

Check for tenement or flatted property

 

1.7 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.

1.7.1 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.

1.7.2 If the property being registered is not a tenement, flatted or other sub-divided property, proceed to step 1.8.

1.7.3 If the property being registered is a tenement, flatted or other sub-divided property, proceed to step 1.14.

 

 

Non-tenement or flatted properties

 

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

1.8.1  Where no plan is attached to the deed for extent, check if the deed for extent, DIR or the Application for Registration narrates a Development Plan Approval (DPA) number.  Take a note of the DPA number.

1.8.2 If the deed for extent does not meet these criteria and there is no DPA approval, refer to a referral officer to consider for rejection.

 

1.9 Does the deed for extent (or DPA) 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.

 

1.10 Do references in the text of the deed for extent correspond with details on the 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.

 

1.11 If an attached dealing is included along with 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 or refers to the same DPA number.

1.12 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.

 

1.13 Proceed to the next part of the process - Prepare for Mapping - TP Plans - Cat A.

 

 

Tenement, flatted or other sub-divided properties

 

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

 

1.15 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.

 

1.16 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.

 

1.17 If an attached dealing is included along with 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 or refers to the same DPA number.

1.18 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 the cadastral map or in the title sheet.

 

1.19 Proceed to the next part of the process - Prepare for Mapping - TP Plans - Cat A - Tenement.

 

 

Next:  Prepare for Mapping - TP Plans - Cat A

Next:  Prepare for Mapping - TP Plans - Cat A - Tenement

 

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.
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