How to Map Titles with Multiple Common Areas

Owned by Editor9
Jan 18, 2019
19 min read

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. These common areas, such as development amenity ground in which all the properties in a development have a pro indiviso share, often previously appeared in more than one title sheet, meaning that when viewing the cadastral map it was unclear who the owners of that area of land were.  By creating a shared plot title sheet, the cadastral unit for that common area will only be registered in one title sheet, thus giving a clearer picture of ownership on the cadastral map.

However, where shares in a common area, such as a shared amenity area, 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.

Shared plots should be distinguished from pertinents of the property, such as common paths, mutual driveways, shared gardens and back courtyards or communal bin stores. The decision as to whether or not something is a pertinent will depend on the circumstances of each case.  By way of general guidance however if an area of ground is intrinsic to the use and enjoyment of the primary plot, such as a shared path or common driveway, or in some way performs a function that enhances the use of the same, such as a bin or cycle store, then the same is likely to be considered a pertinent of such property. These examples are not exclusive and if in doubt registration officers should seek further guidance from their referral point.

For the avoidance of doubt where for example a Deed of Conditions defines the common amenity area of the development in which all the properties have a pro indiviso share as including smaller areas, such as bin stores or parking spaces which would otherwise be considered pertinents of the individual primary plots, then no attempt should be made to subdivide the common amenity area when creating the shared plot title sheet pertaining thereto.

Where under previous guidance one or more shares in an area which would otherwise be considered to be a pertinent of a primary plot, such as where the owners of four houses in a small terrace each own a 1/4 pro indiviso share in a common drying green at the rear of the properties, have been included in a shared plot title sheet, then all subsequent shares in that area should be registered in a similar manner

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. For example, the 12 owners of the flats in 2 separate tenements (6 flats per tenement) could each own a 1/80 pro indiviso share in a common amenity area shared by all the proprietors in the development that they form part of. The Keeper can set up a separate shared plot title sheet for the common amenity area when the first property is registered. That first property, and then all subsequently registered flats and other properties within the development, will become the sharing plot title sheets for the common amenity area. Any areas within the extent of the tenement steading that are owned in common by the flats in that tenement are covered by the provisions in section 16 of the 2012 Act, and do not require shared plots to be created or transitional provisions to be followed - see Further Guidance on Mapping Tenement Properties.

There will be occasions when an application for registration will be received for a property with a share in more than one common area. Whilst it is technically possible to create a hybrid style of title (for example, one common area set up as a shared plot & another common area mapped under the transitional provisions), this style should not be used unless it is unavoidable. Whenever possible, a consistent style should be used - in other words, map all common areas under the transitional provisions, or set up all common areas with shared plot title sheets. Any decision to create a hybrid style of title must be agreed with a senior officer before mapping proceeds.

Useful links

FR - When to Create or Add to a Shared Plot Title Sheet

TP - When to Create or Add to a Shared Plot Title Sheet

FR - When to Map Common Areas Under the Transitional Provisions

TP - When to Map Common Areas Under the Transitional Provisions

How to Map Common Areas with Verbal Descriptions


Guidance on the mapping style to follow in titles with multiple common areas

In these examples, the property being registered includes shares in two separate common areas.

1. FR with multiple common areas

Common area 1Common area 2Mapping style to follow
unregisteredunregistered

Create new shared plot title sheet(s) for common areas 1 & 2

 Creating multiple FS applications
  1. Check the extent of each shared plot in your application against the cadastral map to ensure that no part of it is already included exclusively in an existing title sheet. If part of any shared plot is already included exclusively in an existing title sheet, refer to a referral officer for rejection.

  2. Check that the conditions in section 17 of the Act are met for each shared plot.
    • To be a shared plot, a common area must be owned in common by the owners of more than one property, and
    • their ownership of the common area must be tied with their ownership of other land.
    • For example, twenty house owners share a common amenity area - the amenity area can be a shared plot as it's common ownership is tied to the ownership of the houses.
    • If these conditions are not met, refer to a referral officer for consideration.

  3. Consider how all the shared plots in your application are best grouped together into cadastral units. For instance:
    • if a common amenity area and a common parking area are owned in the same quantum of shares by the same proprietors, they can be set up as a single cadastral unit in one shared plot title sheet even though there may be a need to plot the amenity area and parking area as two separate polygons; or
    • if a common path and a drying green are owned in a different quantum of shares or by a different combination of proprietors, they should each be set up as a separate cadastral unit in separate shared plot title sheets.

  4. If the checks at points 1 & 2 are both met, follow the instructions to create a First Share (FS) application for each application you have established you need at point 3.

  5. Once the shared plot title sheet(s) has been set up by way of the FS application(s), proceed to the next step in the plans settle process:
shares already registered in a shared plot title sheetshares already registered in a shared plot title sheet

Add to the existing shared plot title sheets for common areas 1 & 2

 Creating multiple AS applications
  1. Check that the extent of each shared plot in your application exactly matches the extent on the cadastral map for the existing shared plot title sheets. If the extents differ, refer to a referral officer for consideration.

  2. Check that the conditions in section 17 of the Act are met for each shared plot.
    • To be a shared plot, a common area must be owned in common by the owners of more than one property, and
    • their ownership of the common area must be tied with their ownership of other land.
    • For example, twenty house owners share a common amenity area - the common amenity area can be a shared plot as its common ownership is tied to the ownership of the houses.
    • If these conditions are not met, refer to a referral officer for consideration.

  3. Check that the quantum of the registered shares in each shared plot does not exceed 100%. If the quantum of the registered shares in any of the shared plots does exceed 100%, refer to a referral officer for rejection.

  4. If the checks at points 1, 2 & 3 are all met, follow the instructions to create an Add Share (AS Sasines) application for each application you require.

  5. Once the new application(s) over the shared plot title sheet(s) has been set up by way of the AS application(s), proceed to the next step in the plans settle process:
shares already registered in a shared plot title sheetunregistered

Add to existing shared plot title sheet for common area 1 & create a new shared plot title sheet for common area 2

 Creating multiple AS applications
  1. Check that the extent of each shared plot in your application exactly matches the extent on the cadastral map for the existing shared plot title sheets. If the extents differ, refer to a referral officer for consideration.

  2. Check that the conditions in section 17 of the Act are met for each shared plot.
    • To be a shared plot, a common area must be owned in common by the owners of more than one property, and
    • their ownership of the common area must be tied with their ownership of other land.
    • For example, twenty house owners share a common amenity area - the common amenity area can be a shared plot as its common ownership is tied to the ownership of the houses.
    • If these conditions are not met, refer to a referral officer for consideration.

  3. Check that the quantum of the registered shares in each shared plot does not exceed 100%. If the quantum of the registered shares in any of the shared plots does exceed 100%, refer to a referral officer for rejection.

  4. If the checks at points 1, 2 & 3 are all met, follow the instructions to create an Add Share (AS Sasines) application for each application you require.

  5. Once the new application(s) over the shared plot title sheet(s) has been set up by way of the AS application(s), proceed to the next step in the plans settle process:
 Creating multiple FS applications
  1. Check the extent of each shared plot in your application against the cadastral map to ensure that no part of it is already included exclusively in an existing title sheet. If part of any shared plot is already included exclusively in an existing title sheet, refer to a referral officer for rejection.

  2. Check that the conditions in section 17 of the Act are met for each shared plot.
    • To be a shared plot, a common area must be owned in common by the owners of more than one property, and
    • their ownership of the common area must be tied with their ownership of other land.
    • For example, twenty house owners share a common amenity area - the common amenity area can be a shared plot as it's common ownership is tied to the ownership of the houses.
    • If these conditions are not met, refer to a referral officer for consideration.

  3. Consider how all the shared plots in your application are best grouped together into cadastral units. For instance:
    • if a common amenity area and a common parking area are owned in the same quantum of shares by the same proprietors, they can be set up as a single cadastral unit in one shared plot title sheet even though there may be a need to plot the amenity area and parking area as two separate polygons; or
    • if a common amenity area and a common parking area are owned in a different quantum of shares or by a different combination of proprietors, they should each be set up as a separate cadastral unit in separate shared plot title sheets.

  4. If the checks at points 1 & 2 are both met, follow the instructions to create a First Share (FS) application for each application you have established you need at point 3.

  5. Once the shared plot title sheet(s) has been set up by way of the FS application(s), proceed to the next step in the plans settle process:
shares already registered in an existing 1979 Act title sheetunregistered

Map all common areas under the transitional provisions

 Instructions for mapping multiple common areas under the transitional provisions
  1. Check the extent of each common area in your application against the cadastral map to ensure that no part of them is already included exclusively in an existing title sheet. If part of any common area is already included exclusively in an existing title sheet, refer to a referral officer for rejection.

  2. Check that the quantum of the registered shares in each common areas does not exceed 100%. If the quantum of the registered shares in any of the common areas does exceed 100%, refer to a referral officer for rejection.

  3. If the checks at points 1 & 2 are met:
shares already registered in an existing 1979 Act title sheetshares already registered in an existing 1979 Act title sheet

Map all common areas under the transitional provisions

 Instructions for mapping multiple common areas under the transitional provisions
  1. Check the extent of each common area in your application against the cadastral map to ensure that no part of them is already included exclusively in an existing title sheet. If part of any common area is already included exclusively in an existing title sheet, refer to a referral officer for rejection.

  2. Check that the quantum of the registered shares in each common areas does not exceed 100%. If the quantum of the registered shares in any of the common areas does exceed 100%, refer to a referral officer for rejection.

  3. If the checks at points 1 & 2 are met:
shares already registered in an existing 1979 Act title sheetshares already registered in a shared plot title sheetRefer to referral officer to consider if a hybrid style of mapping should be followed


2. TP with mulitple common areas

Common area 1Common area 2Mapping style to follow
unregisteredunregistered

Create new shared plot title sheet(s) for common areas 1 & 2

 Creating multiple TS applications
  1. Check the extent of each shared plot in your application against the cadastral map to ensure that no part of it is already included in an existing title sheet other than the Parent Title. If part of any shared plot is already included in an existing title sheet other than the Parent Title, refer to a referral officer for consideration.

  2. Check that the conditions in Section 17 of the Act are met for each shared plot.
    • To be a shared plot, a common area must be owned in common by the owners of more than one property, and
    • their ownership of the common area must be tied with their ownership of other land.
    • For example, twenty house owners share a common amenity area - the amenity area can be a shared plot as it's common ownership is tied to the ownership of the houses.
    • If these conditions are not met, refer to a referral officer for consideration.

  3. Consider how all the shared plots in your application are best grouped together into cadastral units. For instance,
    • if a common amenity area and a common parking area are owned in the same quantum of shares by the same proprietors, they can be set up as a single cadastral unit in one shared plot title sheet even though there may be a need to plot the amenity area and parking area as two separate polygons;
    • if a common amenity area and a common parking area are owned in a different quantum of shares or by a different combination of proprietors, they should each be set up as a separate cadastral unit in separate shared plot title sheets.

  4. If the checks at points 1 & 2 are both met, follow the instructions to create a Transfer Share (TS) application for the new shared plot title sheets that you have established you need at point 3.

  5. Once the shared plot title sheet(s) has been set up by way of the TS application(s), proceed to the next step in the plans settle process:

shares already registered in a shared plot title sheet

shares already registered in a shared plot title sheet

Add to the existing shared plot title sheets for common areas 1 & 2

 Creating multiple AS applications
  1. Check that the extent of each shared plot in your application exactly matches the extent on the cadastral map for the existing shared plot title sheets. If the extents differ, refer to a referral officer for consideration.

  2. Check that the conditions in section 17 of the Act are met for each shared plot.
    • To be a shared plot, a common area must be owned in common by the owners of more than one property, and
    • their ownership of the common area must be tied with their ownership of other land.
    • For example, twenty house owners share a common amenity area - the amenity area can be a shared plot as its common ownership is tied to the ownership of the houses.
    • If these conditions are not met, refer to a referral officer for consideration.

  3. Check that the quantum of the registered shares in each shared plot does not exceed 100%. If the quantum of the registered shares in any of the shared plots does exceed 100%, refer to a referral officer for rejection. Remember that the quantum of the share associated with the Parent Title sharing plot will be reduced by the amount in the current TP application.

  4. If the checks at points 1, 2 & 3 are all met, follow the instructions to create an Add Share (AS Land Register) application for each of the existing shared plot title sheets.

  5.  Once the shared plot title sheets have been set up by way of the AS applications, proceed to the next step in the plans settle process:
shares already registered in a shared plot title sheetunregistered

Add to existing shared plot title sheet for common area 1 & create a new shared plot title sheet for common area 2

 Creating multiple AS applications
  1. Check that the extent of each shared plot in your application exactly matches the extent on the cadastral map for the existing shared plot title sheets. If the extents differ, refer to a referral officer for consideration.

  2. Check that the conditions in section 17 of the Act are met for each shared plot.
    • To be a shared plot, a common area must be owned in common by the owners of more than one property, and
    • their ownership of the common area must be tied with their ownership of other land.
    • For example, twenty house owners share a common amenity area - the amenity area can be a shared plot as it's common ownership is tied to the ownership of the houses.
    • If these conditions are not met, refer to a referral officer for consideration.

  3. Check that the quantum of the registered shares in each shared plot does not exceed 100%. If the quantum of the registered shares in any of the shared plots does exceed 100%, refer to a referral officer for rejection. Remember that the quantum of the share associated with the Parent Title sharing plot will be reduced by the amount in the current TP application.

  4. If the checks at points 1, 2 & 3 are all met, follow the instructions to create an Add Share (AS Land Register) application for each of the existing shared plot title sheets.

  5.  Once the shared plot title sheets have been set up by way of the AS applications, proceed to the next step in the plans settle process:

 Creating multiple TS applications
  1. Check the extent of each shared plot in your application against the cadastral map to ensure that no part of it is already included in an existing title sheet other than the Parent Title. If part of any shared plot is already included in an existing title sheet other than the Parent Title, refer to a referral officer for consideration.

  2. Check that the conditions in Section 17 of the Act are met for each shared plot.
    • To be a shared plot, a common area must be owned in common by the owners of more than one property, and
    • their ownership of the common area must be tied with their ownership of other land.
    • For example, twenty house owners share a common amenity area - the amenity area can be a shared plot as it's common ownership is tied to the ownership of the houses.
    • If these conditions are not met, refer to a referral officer for consideration.

  3. Consider how all the shared plots in your application are best grouped together into cadastral units. For instance,
    • if a common amenity area and a common parking area are owned in the same quantum of shares by the same proprietors, they can be set up as a single cadastral unit in one shared plot title sheet even though there may be a need to plot the amenity area and parking area as two separate polygons;
    • if a common amenity area and a common parking area are owned in a different quantum of shares or by a different combination of proprietors, they should each be set up as a separate cadastral unit in separate shared plot title sheets.

  4. If the checks at points 1 & 2 are both met, follow the instructions to create a Transfer Share (TS) application for the new shared plot title sheets that you have established you need at point 3.

  5. Once the shared plot title sheet(s) has been set up by way of the TS application(s), proceed to the next step in the plans settle process:

shares already registered in an existing 1979 Act title sheetunregistered

Map all common areas under the transitional provisions

 Instructions for mapping multiple common areas under the transitional provisions
  1. Check the extent of each common area in your application against the cadastral map to ensure that no part of them is already included exclusively in an existing title sheet other than the Parent Title. If part of any common area is already included exclusively in an existing title sheet other than the Parent Title, refer to a referral officer for rejection

  2. Check that the quantum of the registered shares in each common areas does not exceed 100%. If the quantum of the registered shares in any of the common areas does exceed 100%, refer to a referral officer for rejection. Remember that the quantum of the share associated with the Parent Title sharing plot will be reduced by the amount in the current TP application

  3. If the checks at points 1 & 2 are met:

shares already registered in an existing 1979 Act title sheetshares already registered in an existing 1979 Act title sheet

Map all common areas under the transitional provisions

 Instructions for mapping multiple common areas under the transitional provisions
  1. Check the extent of each common area in your application against the cadastral map to ensure that no part of them is already included exclusively in an existing title sheet other than the Parent Title. If part of any common area is already included exclusively in an existing title sheet other than the Parent Title, refer to a referral officer for rejection

  2. Check that the quantum of the registered shares in each common areas does not exceed 100%. If the quantum of the registered shares in any of the common areas does exceed 100%, refer to a referral officer for rejection. Remember that the quantum of the share associated with the Parent Title sharing plot will be reduced by the amount in the current TP application

  3. If the checks at points 1 & 2 are met:

shares already registered in an existing 1979 Act title sheetshares already registered in a shared plot title sheetRefer to referral officer to consider if a hybrid style of mapping should be followed


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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