Mapping Tenement Properties

General

Under the 2012 Act there can be no registration without mapping and, in order to complete registration, the Keeper must create a cadastral unit for the plot of land being registered. Section 16 of the 2012 Act provides an exception to this rule, but only in so far as the extent of the individual flats and units within a tenement building, flatted building or other sub-divided building. For the remainder of this section of the manual, the term "tenement" should be read to include tenement building, flatted building or other sub-divided building, and includes all types of tenement, flatted or sub-divided buildings (including split villas).

Under section 16, the Keeper can represent a tenement and all the registered flats within it as a single cadastral unit on the cadastral map. This cadastral unit will define the extent of the tenement steading within which all the registered flats, their rights and pertinents are contained. Each registered flat within the tenement will have its own, unique title sheet. The property section of each of these flat title sheets will refer to the flat forming part of the tenement steading cadastral unit. If plans references are required for the extent of the flat on a particular floor level or for a pertinent of that flat, these will be shown on a separate grouping or layer that shows supplementary data for the flat.

A tenement steading cadastral unit will be set up by the Keeper upon receipt of the first 2012 Act application for registration of a flat within a tenement. This applies whether there is an existing 1979 Act registration of a flat or not. Any previous 1979 Act registrations for flats within the tenement will be converted at a future date as part of a conversion process so that they also refer to the tenement steading cadastral unit. Where possible, the tenement steading cadastral unit will comprise the extent of all flats, their rights and pertinents. If this is not possible, provided certain requirements are met, a restricted extent can be set up comprising the extent of all registered flats, their rights and pertinents; if a restricted extent is used, it may be updated by the Keeper to include any additional areas of ground registered as part of future applications to register further flats in the same tenement. 

Section 16(3) of the Act introduces the 25 metre rule that applies to those tenements where none of the individual flats have been either registered in the land register or recorded in the Sasine register before the designated day (8 December 2014). However, if an individual flat from the tenement has been registered or recorded before the designated day, the 25 metre rule will not apply.