TP - When to Map Common Areas Under the Transitional Arrangements

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 or, 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. As with applications to register non-tenement properties, if shares in a common area outwith the tenement steading 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 the common areas will be mapped under the transitional provisions. 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 the transitional provisions to be followed or shared plots to be created - see Further Guidance on mapping tenement properties.

Useful links

FR - When to Map Common Areas Under the Transitional Provisions

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

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

How to Map Titles with Multiple Common Areas

How to Map Common Areas with Verbal Descriptions

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 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). For more information on setting up shared plots on the cadastral map for the removal of the first share in a common areas, see TP - When to Create or Add to a Shared Plot Title Sheet.

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 such shares have already been registered, it will not be appropriate to set up a shared plot on the cadastral map for the common area. Instead, the transitional provisions will apply, and the removal of the share in the common area will be referenced in the parent title in the same way that it would have been previously referenced in a 1979 Act application.

When to map common areas under the transitional provisions

Use the TP shared plot flow chart to check for shared plots or common areas.
TP shared plot flow chart
Visio 5003
If the instruction in the flow chart that fits your application is "Map Common Areas Under the Transitional Provisions", follow the checks & instructions in this section.
Check the extent of the common area in your TP application against the cadastral map to ensure that no part of it is already included exclusively in an existing cadastral unit (other than the parent title). If part of the common area is already included exclusively in an existing cadastral unit, 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 does exceed 100%, refer to a referral officer for rejection. Remember that the quantum of the share associated with the parent title will be reduced by the amount included in the current TP application. Please also note, if the transitional provisions are being applied, and the title sheets for the previous registrations do not disclose the quantum of the shares included in those titles, there is no requirement to include details of the quantum of the share included in the current title.
If the property being registered is a flatted property with rights in a common area outwith the tenement steading extent (for example, development common ground owned in common by all owners within the development), the whole of the tenement block will be removed from the development parent title - see TP - Creating a New Tenement Steading Cadastral Unit. If there are common areas to be mapped under the transitional provisions, all shares or rights in common pertaining to all the flats in the block (those already registered, those pending registration and those still to be registered) should be removed from the development parent title at the same time, and transferred to the new tenement steading parent title. If there were already flats registered with rights in these common areas, they will be reflected in the existing Schedule of Removals in the development parent title. Those entries will be transferred into the Schedule of Removals being set up in the new tenement steading parent title.
Example
- 6 flats in a block, all with a 1/20th share in a development common area that is being registered under the transitional provisions.
- 2 flats, each with a 1/20th share in the development common area, have already been removed from the development parent title by way of 1979 Act TPs. The removal of the flats & the shares in development common areas are shown by entries in the Schedule of Removals in the development parent title sheet.
- 1st 2012 Act TP is received for a flat in the block, also with a 1/20th share in the development common area.
- An internal TP is used to remove the whole block from the development parent title and to set it up as the tenement steading parent title. 6 x 1/20th shares in the development common area are also transferred from the development parent title to the tenement steading parent title (2 for the existing registrations, 1 for the current TP, and 3 for the flats still to be transferred).
- A Schedule of Removals is added to the title sheet for the new tenement steading parent title to reflect the fact that 2 flats plus their 2 x 1/20th shares have been removed. When the current TP is registered, it will also be added to the Schedule of Removals.
- The existing Schedule of Removals in the development parent title will be updated to reflect that the whole block and 6 x 1/20th shares have been removed (existing entries may need to be deleted, combined or replaced depending on the particular circumstances).
If the checks at points 3 & 4 are met,
- for non-tenement properties, proceed to either 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 either 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.