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.

Useful links

FR - When to Map Common Areas Under the Transitional Provisions

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

TP - When to Map Common Areas under the Transitional Provisions

How to Map Titles With Multiple Common Areas

How to Map Common Areas with Verbal Descriptions

Application Types

Property Indexing Guidelines

When to create a new 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.
FR shared plot flow chart
Visio 5012
FR Tenement shared plot flow chart
Visio 5025
If 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.

When to add to an existing 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.
FR shared plot flow chart
Visio 5012
FR Tenement shared plot flow chart
Visio 5025
If 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.

Create FS Application on LRS

a.1 Open the lead application for the primary plot undergoing registration on LRS (FR/FA/TP/TA) using PLANS SETTLE function.

a.1.1 The following process must be completed using the lead application against the primary plot undergoing registration.

a.2 Open the title workdesk.

a.3 Click on 'Relationships' tab.

a.4 Click on 'First Share'.

a.5 Enter the quantum share in the prompt box and 'ok'.

a.5.1 The quantum share must be entered in the schedule in the fraction or percentage format as specified in the deed.

a.5.2 If the deed does not narrate the share in a fraction or a percentage format, but instead identifies the properties that have a share in the common area the quantum must be entered in a fraction format.

a.6 The title workdesk will automatically populate with the application number, application type, application status, title number, title type, title status, the relationship of the lead application (the relationship is now 'sharing' plot) and the quantum share. The title workdesk will also automatically populate with the quantum share, title number, title type, title status, application number, application type (FS) and application status of the new shared plot application that has been created.

a.7 Check the details are correct and take a note of the shared plot title number and application number.

a.7.1 If the share details are incorrect click on 'Amend Details' and enter the correct details.

a.7.2 If the shared plot application should not have been created or if the wrong shared plot application type has been created follow the Shared Plot Application Created in Error process.

a.8 Click on 'Apply' and close the title workdesk.

a.8.1 An unconfirmed version of the shared plot application(s) over the new shared plot title(s) has now been linked to the application for the primary plot undergoing registration (the sharing plot) and has been added to the list of attached/related applications on the application workdesk

a.9 In the 'Additional information' field on the application workdesk for the lead application for the primary plot undergoing registration enter 'Shared plot *XXXXX'. (*XXXXX = the FS title number).

a.10 In the list of linked applications on the application work desk select and open the FS application.

a.11 In the 'Additional information' field on the application workdesk for the FS application enter 'Sharing plot *XXXXX'. (*XXXXX = the title number of the primary plot currently undergoing registration).

a.12 In the application workdesk for the FS application click on 'Details' and enter the property description of the shared plot cadastral unit and 'Close' then 'Apply'.

a.12.1 A shared plot will not normally have a unique postal address with postcode. Instead, the plot should be described in the same way as any other plot of ground with no postal address. For example, "...being the common amenity area on the north side of CARSON DRIVE, DALKEITH".

a.12.2 Add the prefix information to the property description using the picklist entries whenever possible to ensure consistency.

It is necessary that the 'Additional information' field is populated and that a basic property description is added to ensure that the information transfers to Registers Direct when the application is App confirmed.

a.13 Click on 'App Confirm'.

a.13.1 Check that the application number in the pop up box is correct and ok.

a.14 Repeat the above steps if any further FS applications are required.

a.14.1 If an AS (Sasine), TS or AS (Land Register) application is required, refer to the relevant process and complete the same steps up to this point.

a.15 In the LRS case workdesk select the lead application for the primary plot undergoing registration.

a.16 Release the lead application for the primary plot undergoing registration to PLANS SETTLE.

a.16.1 This will automatically release any linked or attached application(s) to the same location.

a.17 Take on the lead application for the primary plot undergoing registration using PLANS SETTLE function in the case workdesk.

a.17.1 The lead application for the primary plot undergoing registration, the FS application and any other linked or attached applications will now be on your LRS select list.

Create AS (Sasine) Application on LRS

Add-to Applications (TA/FA/VA)

If the application undergoing registration is an 'add-to' application (FA/TA/VA) and the title sheet already contains an existing share in the shared plot the instructions to amend the existing relationships in the registered primary plot must be followed.

b.1 Open the shared plot title on LRS and view the existing sharing plot schedule in the proprietorship section and identify the format of the existing entries in the schedule.

b.1.1 If the quantum share identified in the DIR/historical conveyancing deed/application form differs to the format of the existing schedule entries follow the process to convert the quantum share.

b.2 Open the lead application for the primary plot undergoing registration on LRS (FR/FA/TP/TA) using PLANS SETTLE function.

b.2.1 The following process must be completed using the lead application against the primary plot undergoing registration.

b.3 Open the title workdesk.

b.4 Click on 'Relationships' tab.

b.5 Click on 'Add Share'.

b.6 Enter the title number of the shared plot and the quantum share pertaining to the primary plot undergoing registration in the prompt box and 'ok'.

b.6.1 The quantum share must be entered in the same format as the first entry in the schedule. Where the first entry is a percentage format all further entries must be entered in a percentage format. Where the first entry is a fraction format all further entries must be entered in a fraction format with the same denominator. Where the fractional denominator is changed part way through a development and to change the denominator in the previously registered titles would be unduly onerous or time consuming then the matter should be referred to a plans HEO for further guidance, who can consult with the Legal SEO if required.

b.7 The shared plot application will be created on LRS and will auto-import details from the latest title version of the shared plot title.

Auto-Import of Latest Title Version

1) Where there are no pending shared plot applications then on creation of the AS the title details will be auto-imported from the registered version of the shared plot title.

2) Where there are other pending shared plot applications then on creation of the AS the title details will be auto-imported from the latest draft version of the shared plot title.

b.7.1 The title workdesk will automatically populate with the application number, application type, application status, title number, title type, title status, the relationship of the lead application (the relationship is now 'sharing' plot) and the quantum share. The title workdesk will also automatically populate with the quantum share, title number, title type, title status, application number, application type (AS) and application status of the shared plot.

b.8 Check the details are correct and take a note of the shared plot application number.

b.8.1 If the share details are incorrect click on 'Amend Details' and enter the correct details.

b.8.2 If the shared plot application should not have been created or if the wrong shared plot application type has been created follow the Shared Plot Application Created in Error process.

b.9 Click on 'Apply' and close the title workdesk.

b.9.1 An unconfirmed version of the shared plot application over the shared plot title has now been linked to the application for the primary plot undergoing registration (the sharing plot) and has been added to the list of attached/related applications on the application workdesk.

b.10 In the 'Additional information' field on the application workdesk for the lead application for the primary plot undergoing registration enter 'Shared plot *XXXXX'. (*XXXXX = the AS title number).

b.11 In the list of linked applications on the application work desk select and open the AS application.

b.12 In the 'Additional information' field on the application workdesk for the AS application enter 'Sharing plot *XXXXX'. (*XXXXX = the title number for the primary plot undergoing registration).

b.13 Check the shared plot property description.

b.13.1 Refer to a senior officer if an amendment is required to the property description.

b.14 Click on 'App Confirm'.

b.14.1 Check that the application number in the pop up box is correct and ok.

b.15 Repeat the above steps if any further AS (Sasine) applications are required.

b.15.1 If an FS, TS or AS (Land Register) application is required, refer to the relevant process and complete the same steps up to this point.

b.16 In the LRS case workdesk select and open the lead application for the primary plot undergoing registration.

b.17 Release the lead application for the primary plot undergoing registration to PLANS SETTLE.

b.17.1 This will automatically release any linked or attached application(s) to the same location.

b.18 Take on the lead application for the primary plot undergoing registration using PLANS SETTLE function in the case workdesk.

b.18.1 The lead application for the primary plot undergoing registration and the AS application and any other linked or attached applications will now be on your LRS select list.

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.