TP - 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 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.
Parent titles, TPs and common areas
When your application is a transfer of part (TP), the property being registered, including any common areas, is already registered in the land register under the parent title. Under the 1979 Act procedures, if a share in a common area was removed from a parent title, a numbered reference was provided on the Title Plan for the Parent Title and an entry describing the share being removed was made in a Schedule of Removals on the title sheet for the parent title. The remaining share would remain in the parent title until transferred out in another application(s). Under the 2012 Act, however, when the first share in a common area is removed in a TP, a shared plot title sheet will be set up for the extent of that common area (in other words, it will become a separate cadastral unit). In practical terms, this means that the extent of the common area will be fully removed from the parent title cadastral unit (either by positive mapping or by greening out). The new shared plot title sheet will list the title number of the TP in the proprietorship section as a sharing plot title sheet (and the quantum of its share), and will also list the parent title title number in the proprietorship section (with the quantum of the share remaining in the ownership of the parent title owner). There will no longer be a need for a schedule of removals in situations such as this.
Subsequent TP applications for properties within that parent title that also transfer a share in the shared plot cadastral unit will be reflected in the title sheet of the shared plot by adding an additional sharing plot title number & quantum of shares to the proprietorship section, and will reduce the quantum pertaining to the parent title accordingly. Once all the shares in that shared plot title sheet have been transferred to the owners of individual TPs, the parent title can be removed from the list of sharing plot title numbers in the proprietorship section.
These procedures apply whether the parent title itself was registered under the 1979 Act or the 2012 Act - the key point to establish is whether or not shares in that particular common area have been registered in a 1979 Act TP. If shares have not been registered in a 1979 Act TP, consideration should be given to setting up a shared plot title sheet for the common area. However, shares have already been registered in a 1979 Act TP, the transitional provisions in the 2012 Act will apply - see TP - When to Map Common Areas Under the Transitional Provisions for more information.
Use the TP shared plot flow chart to check for shared plots or common areas.
Visio 5003If the instruction in the flow chart that fits your application is "Consider having a TS application created", follow the checks & instructions in this section to consider if an TS 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 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 common amenity 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 3 and 4 are met proceed to follow the process below and create a TS Application (Transfer Share) on LRS to create a shared plot title sheet.
Use the TP shared plot flow chart to check for shared plots or common areas.
Visio 5003If the instruction in the flow chart that fits your application is "Consider having an AS application created", follow the checks & 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 both still 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. Remember that the quantum of the share associated with the parent title sharing plot will be reduced by the amount included in the current TP application.
If the checks at points 3, 4 & 5 are all met proceed to follow the process below and create an AS Land Register 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 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.
Examine PT Application Record & Identify/Create Application over PT
2.1 Complete an application record search against the development.
2.1.1 Check there are no pending applications over the development with a date of registration prior to the application undergoing registration. Ensure the applications are completed before proceeding or, if appropriate, request the applications and settle the applications in date order.
2.1.2 Identify if there is a pending DW over the PT with the same date of registration as the TP undergoing registration that can be used to update the PT. Refer to legal settler for guidance if necessary.
If a DW over the PT is being used then the DW application must contain the most up to date version of the title sheet. Prior to linking the DW to a shared plot the DW application must be referred to a legal settler to ensure the latest title version is imported into that application.
2.1.3 Where there is no suitable pending DW create a TU application over the PT.
2.1.4 Where a consecutive run of TP + AS applications is being completed in which each TP is conveyed a share in the shared plot from the same PT, a single application over the PT may be used to update the PT share details, but only if registration of all the applications is being completed on the same day. See instructions 'Completing a Consecutive Run of TPs with Shared Plot Applications' below.
Ensure that there is a pending DW or TU application over the PT before proceeding further as this is required to generate the shared plot relationship.
Create Shared Plot Application on LRS
3.1 Refer to the guidance above to identify the correct shared plot application type to be created on LRS.
3.1.1 TA/FA applications only
examine the registered version of the title
identify if the title for the primary plot (i.e. the house plot or flat) has an existing share in the shared plot
if the primary plot title does not have an existing share in the shared plot create a TS or AS application as appropriate following the instructions below
if the primary plot title has an existing share in the shared plot follow the instructions to amend the existing relationships in the registered primary plot and the PT titles
3.2 Create appropriate shared plot application on LRS.
b.1 View 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 or refer as appropriate.
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 that is 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 run of TPs and to change the denominator in the previously registered titles would be unduly onerous or time consuming then the matter should be referred to the plans HEO first removal officer 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.
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 Close the application workdesk.
b.12 Select the DW or TU application on the LRS case workdesk for the PT and open the relationships tab in the title workdesk.
b.12.1 If the PT is retaining a share in the shared plot click on the specific shared plot relationship to highlight it and click on 'Amend Details' and reduce the residual share and 'ok'.
Where a consecutive run of TP + AS applications is being completed in which each TP is conveyed a share in the shared plot from the same PT, a single application over the PT may be used to update the PT share details but only if registration of all the applications will be despatch completed on LRS on the same day.
To minimise the risk of errors and to ensure the legal settler is in a position to complete all the cases on the same day it is recommended that a maximum run of 5 x TP/AS applications with a single PT application are plans settled and passed to legal before proceeding further. Once those 5 cases have been despatch completed the next run of 5 x TP/AS applications with a PT application can be plans settled and passed to legal.
Example
In the following example titles LAN219891 and LAN219892 are registered and each have a 1/17 share in shared plot title LAN219893. The PT LAN16111 has the remaining 15/17 share. AS applications are then created for each of the subsequent TPs as follows:
1) AS1 is created using (TP1) LAN219894. No amendment is made to the PT share. On viewing AS1 the title sheet looks like this. You will note that the total shares equate to 18/17 because the PT share has not been amended.
2) AS2 is created using (TP2) LAN219895. Again, no amendment is made to the PT share. On viewing AS2 the title sheet looks like this. You will note that the total shares now equate to 19/17.
3) AS3 is created using (TP3) LAN219896. Again, no amendment is made to the PT share. On viewing AS3 the title sheet looks like this. You will note that the total shares now equate to 20/17.
4) AS4 is created using (TP4) LAN219897. Again, no amendment is made to the PT share. On viewing AS4 the title sheet looks like this. You will note that the total shares now equate to 21/17.
5) The PT share can now be amended using a single application over the PT to show the end result of the 4 x 1/17 shares that have been removed from the PT.
In the TU application for the PT the relationship with the shared plot title LAN219893 is selected and 'Amend Details' is used to change the share from 15/17 to 11/17.
In the prompt box select application AS4 (16LAN00027) to ensure the latest title version of the shared plot is updated with the amended PT share details.
Now the TU is linked together with AS4 to the last TP LAN219897 and the PT share now looks like this in the TU application.
On viewing AS4 the title sheet now looks like this.
6) The shares in the other AS applications will still look incorrect, but as long as TP1 + AS1, TP2 + AS2, TP3 + AS3 and TP4 + AS4 + TU/PT are all registered on the same day then the notifications and ScotLIS will all pick up the latest registered version of the shared plot title which is the version created by TP4 + AS4 + TU/PT.
b.12.2 If the PT is transferring its final share in the shared plot click on the specific shared plot relationship to highlight it and click on 'Rel. Remove' and 'ok'.
b.12.3 If the relationships tab does not contain any relationships click on 'Import' in the title workdesk and select the latest version of the PT title. Refer to TUs and TP Shared Plots Processing instructions. The relationship can now be amended or removed as above.
b.13 In the pop up box select the AS application over the shared plot as created above and 'ok'.
b.13.1 The PT application (DW or TU) is now also linked to the TP application.
b.14 Click on 'Apply' and close the title on LRS.
b.16 Select the application on the LRS case workdesk for the lead application for the primary plot undergoing registration and open the application workdesk.
b.17 In the list of linked applications on the application work desk select and open the AS application.
b.18 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.19 Check the shared plot property description.
b.19.1 Refer to a senior officer if an amendment is required to the property description.
b.20 In the application workdesk click on 'App Confirm'.
b.20.1 Check that the application number in the pop up box is correct and ok.
b.21 Repeat the above steps if any further AS (Land Register) applications are required.
b.21.1 If a share in another shared plot title is being transferred from the same PT the same PT application identified/created above can be used.
b.21.2 If a share in another shared plot title is being transferred from a different PT an application over the other PT will be required.
b.21.3 If an FS, TS or AS (Sasine) application is required, refer to the relevant process and complete the same steps up to this point.
b.22 In the LRS case workdesk select and open the lead application for the primary plot undergoing registration.
b.23 Release the lead application for the primary plot undergoing registration to PLANS SETTLE.
b.23.1 This will automatically release any linked or attached application(s) to the same location.
b.24 Take on the lead application for the primary plot undergoing registration using PLANS SETTLE function in the case workdesk.
b.24.1 The lead application for the primary plot undergoing registration, the PT application, the AS application and any other linked or attached applications will now be on your LRS select list.
3.3 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.
3.4 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.