FR - When to Map Common Areas Under the Transitional Provisions

General

A new feature of land registration under the 2012 Act is the creation of shared plot title sheets. Sections 17 to 20 of the Act provide for a scheme to define common areas and give them standalone title sheets. However, where shares in a common area, such as a an amenity area shared by all the properties within a development, have already been registered in the land register under the terms and practices of the 1979 Act (or using the 2012 Act transitional provisions) it is not appropriate for the Keeper to create a shared plot title sheet when a further share in that common area is submitted for registration under the 2012 Act.  Instead, the common areas will be mapped under the transitional provisions.

Section 17 also applies in tenement, flatted or other sub-divided properties, but only to those plots of land owned in common that fall outwith the extent of the tenement steading.  As with applications to register non-tenement properties, if shares in a common area outwith the tenement steading have already been registered in the land register under the terms and practices of the 1979 Act (or using the 2012 Act transitional provisions), it is not appropriate for the Keeper to create a shared plot title sheet when a further share in that common area is submitted for registration under the 2012 Act.  Instead, the the common areas will be mapped under the transitional provisions.  Any areas within the extent of the tenement steading that are owned in common by the flats in that tenement are provided for in section 16 of the 2012 Act, and do not require the transitional provisions to be followed or shared plots to be created - see Further Guidance on mapping tenement properties.