How to Map Common Areas with Verbal Descriptions

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 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 also 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. 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 arrangements to be followed - see Further Guidance on Mapping Tenement Properties.

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 driveway, shared garden, amenity area or bin store, 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. 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 arrangements to be followed - see Further Guidance on Mapping Tenement Properties.

Useful links

Common Areas - When to Include, Omit or Reject

When to Accept Verbal Descriptions in Tenement Properties

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 Titles with Multiple Common Areas

1. Mapping Common Areas with Verbal Descriptions

There will be many occasions when an application for registration will be received for a property where one or more of the common areas being registered are verbally described in a prior title deed (usually in the deed for extent). The extent of all plots of land in which ownership or tenancy rights are being registered in the land register must be shown on the cadastral map if they are to be included in the title sheet (other than those within a tenement steading - see Further Guidance on when to accept verbal descriptions in tenement properties). This means that the description of the common area must be sufficient for it to be mapped on the cadastral map before it can be included in the title sheet.

There are instances when it is appropriate to omit a right in common to a common area if that common area is not defined in such a way that it can be mapped on the cadastral map - see Further Guidance on Common Areas - When to Include, Omit or Reject. That guidance page contains a useful flowchart to help with the decision making process. Omitting a right in common to an inadequately defined common area is not always appropriate, and rejection will still be required in some instances.

Verbal description sufficient for mapping?	Plan showing extent of common area annexed to DIR?	Action to take
Yes	No	Common area to be mapped from the verbal description
Yes	Yes	Common area to be mapped from the plan annexed to the DIR
No	Yes	Common area to be mapped from the plan annexed to the DIR
No	No	Common area cannot be mapped onto the cadastral map - refer to Common Areas - When to Include, Omit or Reject to see it it is appropriate to omit the right or if the application should be rejected.

2. Shared Plot Style or Transitional Provisions?

As with a common area defined on a deed plan, a common area described verbally can be set up as a shared plot title sheet or can be mapped under the transitional provisions. The only difference is that prior registrations need to be checked to see if a right in common or pro-indiviso right has been included verbally in the title sheets of prior 1979 Act registrations - under the 1979 Act, it was not essential to define on the Title Plan the extent of rights in common or pro indiviso rights and many 1979 Act titles contain verbalised references or descriptions of such rights. If such rights are not already registered, then the common area should be considered for setting up as a shared plot title sheet; if such verbal rights are already registered, then the common area should be mapped under the transitional provisions.

Please note, the examples in the tables, below, are based on there being a single common area in the application for registration - if there are multiple common areas, please also take into account the guidance in How to Map Titles with Multiple Common Areas with regard to setting up shared plots or mapping under the transitional provisions.

2.a FR with verbal description of common area

Common area shown on cadastral map in existing 1979 Act titles?	Common area shown on cadastral map as an existing shared plot title sheet?	Prior 1979 Act titles checked on LRS - are verbal rights to the common area registered?	Mapping style to follow
No	No	No	Create new shared plot title sheet for the common area Creating an FS application 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 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. If the checks at points 1 & 2 are both met, follow the instructions to create a First Share (FS) application. Once the shared plot title sheet has been set up by way of the FS application, proceed to the next step in the plans settle process: 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. 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.
Yes	No	No	Map the common area under the transitional provisions Instructions for mapping a common area under the transitional provisions Check the extent of the common area 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 common area is already included exclusively in an existing title sheet, refer to a referral officer for rejection. Check that the quantum of the registered shares in the common area does not exceed 100%. If the quantum of the registered shares in the common areas does exceed 100%, refer to a referral officer for rejection. If the checks at points 1 & 2 are met: For non-tenement properties, proceed to either the Map the title - FR Plans - RA - common areas, transitional provisions or the Map the title - FR Plans - Non RA - common areas, transitional provisions User Guide for the next step in the plans settle process, or For tenement properties, proceed to either the Map the title - FR Plans - RA - Tenement - external common areas, transitional provisions or the Map the title - FR Plans - Non RA - Tenement - external common areas, transitional provisions User Guide for the next step in the plans settle process.
No	Yes	No	Add to the existing shared plot title sheet for the common area Creating an AS application 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 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 in the shared plot does not exceed 100%. If the quantum of the registered shares in the shared plots does exceed 100%, refer to a referral officer for rejection. If the checks at points 1, 2 & 3 are all met, follow the instructions to create an Add Share (AS Sasines) application. Once the new application over the shared plot title sheet has been set up by way of the AS application, proceed to the next step in the plans settle process: 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. 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.
No	No	Yes	Map the common area under the transitional provisions Instructions for mapping a common area under the transitional provisions Check the extent of the common area 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 common area is already included exclusively in an existing title sheet, refer to a referral officer for rejection. Check that the quantum of the registered shares in the common area does not exceed 100%. If the quantum of the registered shares in the common areas does exceed 100%, refer to a referral officer for rejection. If the checks at points 1 & 2 are met: For non-tenement properties, proceed to either the Map the title - FR Plans - RA - common areas, transitional provisions or the Map the title - FR Plans - Non RA - common areas, transitional provisions User Guide for the next step in the plans settle process, or For tenement properties, proceed to either the Map the title - FR Plans - RA - Tenement - external common areas, transitional provisions or the Map the title - FR Plans - Non RA - Tenement - external common areas, transitional provisions User Guide for the next step in the plans settle process.
No	Yes	Yes	If you find a common area that appears to be set up as a shared plot and is also included verbally in a prior 1979 Act registration, refer to a referral officer for consideration.

2.b TP with verbal description of common area

Common area shown on cadastral map in existing 1979 Act titles other than Parent Title?	Common area shown on cadastral map as an existing shared plot title sheet?	Prior 1979 Act titles other than checked on LRS - are verbal rights to the common area registered?	Mapping style to follow
No	No	No	Create new shared plot title sheet for the common area Creating a TS application Check the extent of the 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 the shared plot is already included in an existing title sheet other than the parent title, 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 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. If the checks at points 1 & 2 are both met, follow the instructions to create a Transfer Share (TS) application. Once the shared plot title sheet has been set up by way of the TS application, proceed to the next step in the plans settle process: For non-tenement properties, proceed to the Map the title - TP Plans - Cat A - sharing plots, Map the title - TP Plans - Cat B - sharing plots, or Map the title - TP Plans - First Removal - sharing plots User Guide for the next step in the plans settle process. For tenement properties, proceed to the Map the title - TP Plans - Cat A - Tenement - sharing plots, Map the title - TP Plans - Cat B - Tenement - sharing plots, or Map the title - TP Plans - First Removal - Tenement - sharing plots User Guide for the next step in the plans settle process.
Yes	No	No	Map the common area under the transitional provisions Instructions for mapping a common area under the transitional provisions Check the extent of the common area in your application against the cadastral map to ensure that no part of it is already included exclusively in an existing title sheet other than the Parent Title. If part of the common area is already included exclusively in an existing title sheet other than the Parent Title, refer to a referral officer for rejection Check that the quantum of the registered shares in the common area does not exceed 100%. If the quantum of the registered shares in 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 If the checks at points 1 & 2 are met: For non-tenement properties, proceed to the Map the title - TP Plans - Cat A - common areas, transitional provisions, Map the title - TP Plans - Cat B - common areas, transitional provisions or Map the title - TP Plans - First Removal - common areas, transitional provisions User Guide for the next step in the plans settle process, or For tenement properties, proceed to the Map the title - TP Plans - Cat A - Tenement - external common areas, transitional provisions, Map the title - TP Plans - Cat B - Tenement - external common areas, transitional provisions or Map the title - TP Plans - First Removal - Tenement -common areas, transitional provisions User Guide for the next step in the plans settle process.
No	Yes	No	Add to the existing shared plot title sheet for the common area Creating an AS application 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 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 in the shared plot does not exceed 100%. If the quantum of the registered shares in 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. If the checks at points 1, 2 & 3 are all met, follow the instructions to create an Add Share (AS Land Register) application. Once the new application over the shared plot title sheet has been set up by way of the AS application, proceed to the next step in the plans settle process: For non-tenement properties, proceed to either the Map the title - TP Plans - Cat A - sharing plots, Map the title - TP Plans - Cat B - sharing plots, or Map the title - TP Plans - First Removal - sharing plots User Guide for the next step in the plans settle process. For tenement properties, proceed to either the Map the title - TP Plans - Cat A - Tenement - sharing plots, Map the title - TP Plans - Cat B - Tenement - sharing plots, or Map the title - TP Plans - First Removal - Tenement - sharing plots User Guide for the next step in the plans settle process.
No	No	Yes	Map the common area under the transitional provisions Instructions for mapping a common area under the transitional provisions Check the extent of the common area in your application against the cadastral map to ensure that no part of it is already included exclusively in an existing title sheet other than the Parent Title. If part of the common area is already included exclusively in an existing title sheet other than the Parent Title, refer to a referral officer for rejection Check that the quantum of the registered shares in the common area does not exceed 100%. If the quantum of the registered shares in 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 If the checks at points 1 & 2 are met: For non-tenement properties, proceed to the Map the title - TP Plans - Cat A - common areas, transitional provisions, Map the title - TP Plans - Cat B - common areas, transitional provisions or Map the title - TP Plans - First Removal - common areas, transitional provisions User Guide for the next step in the plans settle process, or For tenement properties, proceed to the Map the title - TP Plans - Cat A - Tenement - external common areas, transitional provisions, Map the title - TP Plans - Cat B - Tenement - external common areas, transitional provisions or Map the title - TP Plans - First Removal - Tenement -common areas, transitional provisions User Guide for the next step in the plans settle process.
No	Yes	Yes	If you find a common area that appears to be set up as a shared plot and is also included verbally in a prior 1979 Act registration, refer to a referral officer for consideration.