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 Plan 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.
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:
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.
What do I do if 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
Removals references if property is a parent title
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.
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.
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.
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.
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:
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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