Prepare for Mapping - FR Plans - RA - Tenement

Process Steps

Make preparations for mapping

2.1  Log in to the Plan Creator.

2.2  In the Plan Viewer (PV), carry out an Index Map search to see if a draft cadastral unit (DCU) has already been created for your particular FR application.

2.3  If a DCU exists for your application number, use the guidance on Re-opening a DCU to open the DCU for editing in the Plan Creator.

2.4  If no DCU exists for your application number, use the guidance on Creating a DCU to open a new DCU for editing in the Plan Creator.

• Manually identify the property being registered using the Location Search function - this can be done using the address of the property, an existing title number for a flat in the same block, or by searching on the map.
• Ensure the seed point being generated is located within the tenement building for the property being registered.

2.5  Check if there is OS detail visible for the property being registered.

•  Check the Basemap Investigation layer to see if newer map detail has been received but is not yet ready for release
• If the deed plan suggests that there may be newer OS detail that is significantly different from the versions on the Plan Creator/PV (for example, the site has been redeveloped), the assumption is that RoS do not yet hold the detail and the application may need to be referred to a referral officer to consider how it should be mapped.

2.6  Check the Application for Registration form - Part B to see if the question "If a plans pre-registration report has been issued by the Keeper in connection with this application, please quote the report number" has been answered.

2.6.1 If a report number has been provided on the form, check the Index Map to see if any plotted references or case notes are held in a COF related to that report. Such a COF may provide useful information about the extent of the property, common areas, etc. If you are in doubt about how you should proceed after reading a report, refer to a referral officer for guidance.

2.6.2  A report, and the documents submitted with the report, may also be viewed in the Reports Builder tool - the link to which can be found on the Plans Reports guidance page.

2.7  Check the Application for Registration form - Part B to see if the question "Has all or part of the plot of ground been delineated on the cadastral map?" has been answered.

2.7.1 If the answer is Yes, take a note if a cadastral unit or title number has been provided as this may be a previous registration (PR) of a flat or unit within the tenement.

2.8  Read any correspondence that is included with the application and held on the CMS, and take appropriate action.

• If you are in doubt about how you should proceed after reading the correspondence, refer to a referral officer for guidance.

Search the index map

2.9  Ensure a thorough interrogation of the index map is done by carrying out an Area search around the full extent of your property, checking any results that are returned in the (i) Title Layer, (ii) the Draft Plans Layer, (iii) the Index Layer. and (iv) the Basemap Investigation Layer.

2.10 Take a note of the research area (RA) number(s) that affect the property being registered.

2.10.1 View the RA instructions in the Plan Creator casenotes.

2.10.1.1 If there are RA mapping instructions and there is a note saying the instructions have been updated for 2012 Act casework, proceed to step 2.10.2.

2.10.1.2 If there are RA mapping instructions but there is not a note saying the instructions have been updated for 2012 Act casework, refer the case to a referral officer so the RA instructions can be re-considered in line with the 2012 Act.

• • • Once the RA instructions have been updated and the case returned to you, proceed to step 2.10.2.

2.10.1.3 If the only instruction in the RA instructions is the "do not investigate before" date, proceed as follows:

2.10.2 RAs often contain general instructions and sometimes more specific mapping instructions regarding both the extent of cadastral units and plans references required.

• If the RA instructions exist that relate to plans references required, colours to be used or references to be brought forward, take a note of these.
• If any RA instructions exist that relate to accepting defined features, etc. (in other words, instructions that could influence the extent of the property being registered), do not take a note of these. All applications received under the 2012 Act should be mapped and registered based on the content of the application, and not based on previous decisions made by the Keeper.
• If any RA instructions exist that relate to using existing supplementary data or groupings, take a note of these.

2.10.3 View the RA extent on the Index layer to determine whether it wholly affects the cadastral unit being registered.

2.10.4 If the cadastral unit being registered falls partly within the extent of more than one RA, take a note of any RA instructions for colour references to be used to show this. Remember to include this information in the LRS title notes.

2.10.5 If the cadastral unit being registered falls partly outwith the RA extent, check for an instruction in the RA to provide a plans reference for the part falling within the RA.

• If there is such an RA instruction, take a note of the reference to be provided
• If there is no such RA instruction, take a note as you will need to inform the legal settler in the LRS title notes that the property is only partly with the RA.

2.11 Check if the cadastral unit being registered is affected by a CIL (Community Interest in Land) entry on the Draft Plan layer. 

• If it is affected, refer the application to a senior adviser who will check the application against the entry in the RCIL (Register of Community Interest in Land).

2.12 Check if the cadastral unit being registered is affected by a TPO (Tree Preservation Order) entry on the index layer.

• If it is affected, take a note of the TPO number and any mapping instructions, or see TPO Plans Guidance page for guidance on which references are needed.

2.13 Check if there are any previously registered servitudes that affect the cadastral unit.

• As servitudes may be shown on the ungrouped title layer of the cadastral map or in supplementary data/additional cadastral map views held in groupings, all layers must be checked.
• If such a servitude exists, take a note of it.

2.14.1  If there is a PR within the tenement, check to see if they include any part of the flatted property that is being registered - see Further Guidance on Checking for competing titles within tenement steadings.

• • Check any references on the cadastral map or on groupings showing supplementary data for the PR (these may be in the form of  supplementary plans and SPLs for pre 2012 PRs).
  • Check the descriptions in the casenotes for each registered flat in the tenement.
  • Check the LRS for any verbal descriptions of rights to exclusive or common property, rights and pertinents in the title sheet for the PR.
  • If there appears to be a competition in title with the flatted property being registered, its exclusive or common areas, rights or pertinents, refer to a referral officer to consider for rejection.
    
    

2.15 Use the FR tenement flow chart to establish if there is an existing tenement steading cadastral unit to be used or if a new one is required.

• If there is an existing tenement steading cadastral unit, take a note of the cadastral unit number

2.16 Check for PRs in adjoining properties that overlap with the extent of the tenement steading cadastral unit.

2.16.1 If the area of overlap is an area of common ownership between the adjoining PR and flats or units within the current tenement steading, take a note of the details as consideration will be given later in the process to either setting this area up as a shared plot title sheet or proceeding with registration under the transitional provisions.

2.16.2 If the area of overlap appears to be a competition in title between the adjoining PR and the flat or units within the current tenement steading, follow the guidance in the tables, below.

2.17  In the CMS, read any existing Case Notes or Case Collaboration notes in case they give instructions or guidance on how the case is to proceed.