Completing the Plans Casenotes

General

With the transition from the DMS & OPS Tool to the Plan Creator, much of the data connected with plans references is captured in a different way and has greatly reduced the need to add casenotes when mapping the application. They are, however, still needed in some application types and when creating a COF file.

For example, one of the main reasons for adding casenotes previously in the DMS was to explain what the different coloured & styled references related to. In the Plan Creator, all plans references are classified so when the cadastral unit is viewed (for example in the Universal Web Viewer) this information is readily to hand without the need to read a separate casenote.

Other notes, such as tenement steading cadastral unit notes, are also added to the LRS as title notes so there is no need for the duplication in a casenote.

Useful links

/wiki/spaces/2ARM/pages/3189604353

Completing the LRS title notes

Mapping Styles & Plans References on the Cadastral Map

Classification of references

Current practice

When creating a COF file whilst processing a Plans Report, casenotes are important and should be completed in the style shown, below.
When mapping a new FR/FA or VR/VA on the Plan Creator, there is now no requirement to add a casenote as the information previously contained in casenotes is captured and easily viewed elsewhere.
When mapping a TP or updating a Parent TItle, there is still considered to be a benefit in adding the casenotes that give info on removal numbers, etc. As practice and policy around TP mapping develops, this requirement may change and this guidance page will be updated at that time.

Casenotes for COF files

The casenotes added when preparing a COF file should follow a logical order to aid the future use and interpretation of the data you have captured.

COF casenotes

Address and postcode

Manually add this to the casenote if not shown on the Plan Creator (usually if dealing with an area of ground). Please note, if you have repositioned the seed point, the address will be removed from Plans Creator and replaced with the co-ordinates. In this case, you will have to insert the full address (see guidance on location searches for more detail). When dealing with subjects which are part of a tenement, you should include the location eg. NW'most, 1st floor flat. If the deed describes the subjects as being a Plot No., please add this to the notes eg. Subjects described as Plot xxxxxx in deed.

Deed details

Type - for example, Disp, Feu Disp, Feu Charter etc. This info will be shown on the deed, or sometimes the report request. If not known, use Disp.

Parties - insert the full name of the first named granter and grantee as narrated within the deed. If there is more than one granter/grantee you can insert "& ANR" (and another) or "others" if several.

Recording date - this is the date the deed was recorded in the register. This is usually shown on the first page of the deed, top, side or bottom. Please be aware that the deeds are not always submitted to us in page order. Also, if it is not clear if the date shown is the date the deed was recorded, insert "dated". Otherwise, this could possibly cause confusion during future reviews.

Where there is no deed, add ‘plan only’ or "New Plan". Include the name of the company who produced the plan and any identifiable references eg. drawing No., Revision No. and the date. If there are no identifiable references on the plan, add this to the note.

R/A (Research Area)

R/A FFE12345 2012 Compliant or Not 2012 Compliant. If there are instructions in the RA notes to bring forward references, these should be brought forward onto your COF plan, DO NOT show these on your Report Plan. If, there are instructions to advise legal of any reference, eg. "Advise legal whether or not subjects fall within pink/blue/yellow etc tint" this should also be added to your note.

If your subjects do not fall within an RA - Input "Non RA".

If you are bringing forward refs as instructed in the RA, classify these as Burdens or Servitudes & Burdens for the purpose of the COF.

Previous Registration (PR)

It is good practice to enter the Title No. of any PR near the subjects, especially if within an RA, also whether the PR is registered Pre or Post Designatory Day (DD) (08/12/2014)

Exclusive extent

DCU (Draft Cadastral Unit) Subjects edged red/tinted pink, blue etc. (tinted pink on report). Please remember to use "tinted" rather than "filled" etc. If there are any competitions or shortfalls/overlaps add this to the note eg. DCU tinted pink & blue. Blue tint competes with Title No. xxx. Shortfall tinted yellow.

Parent Title information

Subjects fall within e.g. PT ABN12345

Shared Areas

RIC to footpath hatched black (it is best practice to add how the area is referenced on the submitted plan) – tinted yellow (or similar) (use "tinted" not "filled")

If the deed is submitted the note should also state who shares the interest (if narrated in the deed) and their share, eg "RIC w/no.1, insert title no. if registered, if not, add "not registered", to path tinted blue". Or "1/2 PI share with no 1, FFE12345, to path tinted blue" NB. If your subjects shares a common area, the exclusive area should be tinted pink, not edged red.

If a plan only is submitted with several colour references and there is no indication on the plan or Additional Information on the Report how these relate to the subjects, do not make assumptions, even if areas are registered in PRs. E-mail the agent for clarification (give them 3 working days to respond or the report will be returned as "Cannot be Completed".)

Servitudes

Servitudes will not be shown on the Report plan. Servitudes should be mentioned in Part 5. If the servitude is shared with a PR but does not affect their exclusive extent, ie. the PR is benefited by the servitude which lies out with their exclusive extent, do not mention in Part 5. Mention only if affects exclusive property (is a burden over the PR) and if so, include the Title No. (If several, include 3 Title No. eg "Several registered titles affect, including…"

If the subjects in the report are burdened by a registered servitude, eg. A neighbouring property has registered a ROA over your subjects, this should be listed in Part 5 using answer "C" Additional Registered Interests. "The following Cadastral Units affect the subjects:
• Xxxxxx (servitude)

The servitudes should be shown on your COF. If the servitude is not co-extensive with PR's, include this in your note. As with shared ownership, it is best practice to add how the area is referenced on the submitted plan eg. ROA/servitude coloured brown – tinted yellow (or similar) (use "tinted" not "filled")

Useful Information

Anything that could be beneficial for the plans settler. Eg. Area tinted blue forms competition with REN12345 expect new plan.

Add a note explaining any mapping decision taken e.g. "mapped to abut REN12345 on the east boundary" or "mapped as defined due to the current tolerances of the OS 1/2500 product", “mapped as agreed with Plans RO1”

Name of plans officer and date

Make sure you add your name and the date completed.

COF indexes compete with each other?

Always map the COFs in their own right and do not take account of any other COFs. They are not registrations and may never come in as registrations.

Abbreviations

Please do not input your own abbreviations, this may make sense to you at the time but may cause confusion for anyone reading your notes in future.

ANR - another

Assoc - association

B/f = bring forward

Bros. - brothers

BUF - Back up File - previously used to provide further mapping instructions. (Commonly used to provide further information for 2012 RA inst)

Co. - company

Corr - correspondence

DCU - Draft Cadastral Unit

DIR - Deed inducing Registration

Disp - disposition

GRP - Group

GRS - General Register of Sasines

Ifo - in favour of

Info - Information

Inst - Instructions

KIR - Keeper Induced Registration

Ltd - limited

OS - Ordnance Survey

PI - Pro Indiviso

PR - previous registration

PT - Parent Title

Ptner - Partner

RA - Research Area

Rcd or Rec - recorded

RIC - right in common

ROA - right of access

SITT - Subjects in this Title

SPL - Supplementary Plan (Data)

SSHA - Scottish Special Housing Association

TP - Transfer of Part (from a PT)

TPO - Tree Preservation Order

Casenotes for TP and Parent Title applications

1. Removals references if property is a parent title

Removals references

Dispositions

If a TP is removed from a parent title using the positive mapping style of removal (this is now the default style of referencing a removal for new parent titles), the extent of the parent title cadastral unit will be reduced to omit the extent of the TP cadastral unit). No Plans casenote is required for this scenario.
If a TP is removed from an existing parent pitle using the "greening-out" style (the historical style for referencing removals), a Plans casenote should be added to the parent title to reflect this removal - "The areas edged and numbered in green have been removed from this cadastral unit". This note is known as the general green-out entry.
In addition, a second note detailing the numbering of the removals must also be added to the Plans case notes.
On subsequent green-out removals, the numbering in the Plans casenotes must be updated.

Example
1. Property description in deed - "All and Whole 9 Scotstoun Drive, South Queensferry, EH30 9XX shown delineated in red on the plan annexed hereto forming part of registered title WLN36925"
Is this a TP being removed from an existing parent title that is already established using the historic green-out removal style? - Yes, so general green-out entry note and the green out number note will be required
Plans casenotes to be added to/updated in the existing case notes for the parent title cadastral unit WLN36925
The areas edged and numbered in green have been removed from this cadastral unit.
The next removal no is 6 (Please update number after each transfer).

Leases

When the whole parent title cadastral unit is being leased in a TP application (lease of whole), no Plans casenote will be required.
When a lease of part TP is leased from a parent title using the "yellowing-out" style, a Plans casenote should be added to the parent title to reflect the creation of the tenant's interest as a separate cadastral unit - "The areas edged and numbered in yellow have been leased from this cadastral unit".
In addition, a second note detailing the numbering of the leases must also be added to the Plans casenotes.
On registration of further leases from the parent title, the numbering in the Plans casenotes must be updated.

Examples
1. Property description in deed - "All and Whole Unit 4, Wellbank Road, Irvine, KA12 8HX shown delineated in red on the plan annexed hereto forming part of registered title AYR15378"
Is this the first TP of a lease from this parent title? - Yes, so the general lease entry is required.

Plans casenotes to be added to the casenotes for the parent title cadastral unit AYR15378
The areas edged and numbered in yellow have been leased from this cadastral unit.
The next Lease no is 2 (Please update number after each transfer).

2. Property description in deed - "All and Whole that substation site on the north side of Scotstoun Drive, South Queensferry, EH30 9XX shown delineated in red on the plan annexed hereto forming part of registered title WLN36925"
Is this the first TP of a lease from this parent title? - No, so only the lease number note will need to be updated.

Plans casenotes to be updated in the existing casenotes for the parent title cadastral unit WLN36925
The areas edged and numbered in yellow have been leased from this cadastral unit
The next lease no is 4 (Please update number after each transfer).

Pro indiviso shares and rights in common

Under the 2012 Act new common areas will be set up as shared plot cadastral units upon registration of the first share in that area; the Plans casenotes required for such cadastral units are similar to those explained at Removals References above - with either no note if positive removal style used, or the green-out notes required if the historical style is still being applied to the particular parent title.
Where either (i) the Transitional Provisions under Schedule 4 of the 2012 Act or (ii) the provision in section 3(7) of the Act relating to pertinents apply however, there is an exemption from the requirement to set up a shared plot cadastral unit. For TPs that are to be mapped under the said transitional arrangements, the existing mapping style used in the parent title will be continued.
If either of these exceptions apply then the extent of the common area that has had a share removed by a TP will be numbered in green but not edged on the parent title. A Plans casenote is therefore required to explain that only a share has been removed and that a share remains within the parent title.
When the last share in a common area is removed from a parent title, the numbered area will be positively removed or edged in green and the original Plans casenote either removed or updated.

Examples
1. Property description in deed - "All and Whole 9 Scotstoun Drive, South Queensferry, EH30 9XX shown delineated in red on the plan annexed hereto forming part of registered title WLN36925. Together with a 1/4 pro indiviso share with 10, 11 & 12 Scotstoun Drive to the car parking area coloured yellow on the plan annexed hereto."
Is this a TP being removed from an existing parent title that is already established using the historic green-out removal style? - Yes, so general green-out entry note and the green out number note will be required

Plans casenotes to be added to/updated in the existing case notes for the parent title cadastral unit WLN36925
The areas edged and numbered in green have been removed from this cadastral unit.
As to the part numbered 2 in green a 1/4 pro indiviso share has been removed.
The next removal no is 23 (Please update number after each Transfer).

2. Scanned images being carried forward from parent title to the TP

Scans and other supplementary data

Although new scanned images are no longer created, there may be very rare occasions when an already well established parent title will need an existing scan to be assigned to a TP application. This should only be done in exceptional circumstances. A Plans casenote will be required alerting the viewer to its existence.
Example
1. Property description in deed - "All and Whole Plot 25 Mains Development shown hatched red on the plan annexed hereto, which plot is to be known as 15 Ben Nevis View, Fort William, PH16 7XX"
A scanned supp plan is assigned to the parent title and the agreed PT instructions are to bring this forward to the remaining TPs from the long established parent title.
Plans casenote
15 Ben Nevis View, Fort William, PH16 7XX tinted pink (formerly Plot 25)
Scanned Supp Plan INV23456-1 has been assigned to this title as per the Parent Title mapping instructions.

Tenure notes

The tenure field in the DMS case notes was used to show a code that indicated the real right & the legal tenement of the cadastral unit being registered. This note is no longer required as the information is also captured in the LRS and shown on the title sheet.

For information, the historical tenure codes are listed in this drop-down box:

Historical tenure notes

The code entered in the DMS for 2012 Act titles was a 2-part code, taking the format "code1code2".

code 1	Real right	code 2	Legal tenement
O	ownership	L	Land (includes buildings & land covered by water)
T	tenancy	M	Minerals
		F	Fishing rights (salmon, etc)

Examples

Ownership of a plot of ground (with or without a building) will use code OL
Tenancy of a plot of ground (with or without a building) will use code TL
Ownership of the salmon fishing rights in a plot will use code OF

In addition, when the Plan Approver was introduced before the launch of the Plan Creator, plans officers would also have seen PA as a tenure code - this was automatically added to the DMS when a COF file was approved.

Those titles registered under the 1979 Act showed different codes in the tenure field. These were gradually changed to their 2012 Act equivalents as the titles were updated although many still retain the original tenure note.

DU - dominium utile; the immediate ownership of the land under a feudal system. The closest 2012 act equivalent is ownership (of land, fish, etc)
DD - dominium directum; the superiority interest in the land under a feudal system. This form of land ownership under the feudal system was abolished by the Abolition of Feudal Tenure etc. (Scotland) Act 2000, therefore there is no 2012 Act equivalent.
DU/DD - dominium utile/dominium directum; a title that contains a mixture of both feudal ownership interests. Normally this type of title will have been created because a land owner has sold parcels of land from a larger area by way of a Feu Disposition rather than a Disposition. Therefore, the superiority interest in the area feued off remained in the original land owner's title. These were often shown as blue edges on titles. The superiority interests were abolished by the Abolition of Feudal Tenure etc. (Scotland) Act 2000, therefore there is no 2012 Act equivalent for these. The normal practice is now to regard these feued areas as removals from the title.
L (also Lease or Ten) - the tenant's interest in a lease. The 2012 Act equivalent is tenancy (of land, fish, etc).

The only other entries that were acceptable in the tenure field were

REJ - this was used for a rejected application.
CLOSED - this was used when all land in a cadastral unit was moved into another cadastral unit. This could be, for example, when two cadastral units were amalgamated, or when the last plot in a parent title was transferred out to its own cadastral unit & title sheet.