FR - When to Create or Add to a Shared Plot Title Sheet
General
A new feature of land registration under the 2012 Act is the creation of shared plot title sheets. Section 17 of the 2012 Act allows the Keeper to create a shared plot title sheet when a plot of land is owned in common by the proprietors of two or more other plots of land by virtue of their ownership of those other plots.
In other words, if the owners of the forty houses in a development each own a 1/40 pro indiviso share in a common amenity area, the Keeper can set up a shared plot title sheet for the amenity area when the first house is submitted for first registration in the land register as the amenity area is owned in common by virtue of the ownership of the houses.
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 provided for in section 16 of the 2012 Act, and do not require shared plots to be created - see Further Guidance on Mapping Tenement Properties.
Use the FR shared plot flow chart or the FR Tenement shared plot flow chart to check for shared plots or common areas.
Visio 5012
Visio 5025If the instruction in the flow chart that fits your application is "Consider having an FS application created", follow the checks & instructions in this section to consider if an FS application should be created to set up a new shared plot title sheet.
Check the extent of the 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 the shared plot is already included exclusively in an existing title sheet, refer to a referral officer for rejection
Check that the conditions in section 17 of the Act are met for the 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.
5. If the checks at points 3 and 4 are met proceed to follow the process below and create an FS Application (First Share) on LRS to create a shared plot title sheet.
Use the FR shared plot flow chart or the FR Tenement shared plot flow chart to check for shared plots or common areas.
Visio 5012Visio 5025If the instruction in the flow chart that fits your application is "Consider having an AS application created", follow the checks and instructions in this section to consider if an AS application should be created for an existing shared plot title sheet.
Check that the extent of the shared plot in your application exactly matches the extent on the cadastral map for the existing shared plot title sheet. If the extents differ, refer to a referral officer for consideration.
Check that the conditions in section 17 of the Act are met for the 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.
Check that the quantum of the registered shares does not exceed 100%. If the quantum of the registered shares exceeds 100%, refer to a referral officer for rejection.
If the checks at points 3, 4 and 5 are met proceed to follow the process below and create an AS Sasines Application (Add Share) on LRS to create an application for an existing shared plot title.
Process
Examine case & complete Index Map search
1.1 Examine the DIR/historical deeds/application form and identify the common area and the quantum share.
1.1.1 If the extent of the common area and/or the quantum share are not identified the application should be rejected.
1.2 Examine the DIR/historical deeds/application form and, where possible, identify the addresses of all the other primary plots that have a share in the common area.
1.3 Complete an index map search and an address search on LRS to identify:
if the whole/part of the extent of the common area(s) has already been plotted on the cadastral map;
the existing cadastral unit number for the common area(s), if applicable;
if any of the other primary plots that have a share in the common area are pending registration; and
if the plot undergoing registration forms part of a research area, if applicable.
1.4 If any of the other primary plots that have a share in the common area are pending registration view those applications on the CMS and, if it is appropriate to do so, settle the applications together in date order.
1.4.1 If any of the other primary plots are pending registration and have an earlier date of registration, ensure registration of those plots is completed before proceeding further.
1.4.2 If the registration date of the sharing plot application undergoing registration is earlier than the date of registration of a registered sharing plot which created the shared plot title, refer to a senior officer for guidance on how to progress the current application.
The primary plots must be settled in date order, and an FS application must only be created using the the earliest primary plot submitted for registration.
Create Shared Plot application on LRS
2.1 Refer to the guidance above to identify the correct shared plot application type to be created on LRS.
2.1.1 FA applications only
examine the registered version of the title
identify if the primary plot (i.e. the house plot or flat) has an existing share in the shared plot
if the primary plot does not have an existing share in the shared plot create a FS or AS application as appropriate following the instructions below
if the primary plot has an existing share in the shared plot follow the instructions to amend the existing relationships in the registered primary plot
2.2 Create appropriate shared plot application on LRS.
2.3 For non-tenement properties, proceed to either the Map the title - FR Plans - RA - sharing plots or the Map the title - FR Plans - Non RA - sharing plots User Guide for the next step in the plans settle process.
2.4 For tenement properties, proceed to either the Map the title - FR Plans - RA - Tenement - sharing plots or the Map the title - FR Plans - Non RA - Tenement - sharing plots User Guide for the next step in the plans settle process.