Description of Flatted Property Must Be Acceptable

Owned by Editor9
Mar 25, 2024
13 min read

General

A key requirement for registration in the Land Register is that applications must provide a satisfactory description of the property to allow the Keeper to accurately represent that property on the cadastral map. Section 16 of the 2012 Act provides an exception to this rule when it comes to registering flats within tenements or flatted buildings, but only in so far as the extent of the individual flatted properties, pertinents and rights fall within the tenement steading cadastral unit. In part due to the traditional conveyancing styles for flats, it is seldom possible to precisely identify the exact location and extent of each flat and its pertinents on each of the floor levels. Instead, each individual flat & its pertinents within a tenement or flatted building is typically described verbally, although occasionally a deed plan will be provided showing the extent of a flat or a pertinent (for example, bin store) on a particular floor level or within the bounds of the steading.

Useful Links

Deed Plan Must Be Acceptable

Bounding Description of Property Must Be Acceptable

Partial Reference Shown on Deed Plan

Monochrome Plans

Section 16 of the 2012 Act allows the Keeper to continue to use the approach of depicting a tenement or flatted building as a site of single extent on the cadastral map. In practice, this means that a cadastral unit will be created for the tenement steading extent, and each individual flat within that tenement or flatted building will have its own title sheet that refers to that flat being 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 plan that comprises supplementary data for the flat.

It is still essential that each flat is sufficiently described so that it can be:

  • identified within the tenement steading, &
  • differentiated from all the other flats in that tenement steading.

The description can be purely verbal, or can be a combination of verbal and by reference to a deed plan.


Verbal descriptions of flats
 

 click here for guidance on accepting verbal descriptions of flats

Essential criteria for verbal descriptions of flats

If all of the three criteria listed below are met, the verbal description of the flat is acceptable and can be used in preparing the title sheet for the flat being registered.



CriteriaAdditional Comments
1A postal address must be given in the DIR or deed for extent.

Some tenement or flatted buildings have a unique postal address for each flat or unit within the building, others only have a postal address for the building itself. Both forms are acceptable, provided they are supported by the second and third criteria, below.

Please note, a postal address alone is not regarded as a sufficient description of a flat; it must also be accompanied by some other means of locating that flat within the block. It should be used in combination with the floor level (criteria 2) and the location on that floor (criteria 3).

Exceptions to this rule are:

    1. flats or units such as main door flats or shops.
      • If the description is "...the main door flat 25 of the block 25, 27 and 29 Easter Street, Wemyss Bay..." this would be sufficient despite the lack of floor level or compass orientation provided there is only one main door flat within the block - the inclusion of the description "main door" together with the postal address is enough to differentiate it from all the other flats in the block.
      • If the description is "...the shop premises 142 of the tenement 142 & 144 West Road, East Linton..." this would be sufficient despite the lack of floor level or compass orientation provided there is only one shop within the tenement - the inclusion of the description "shop premises" together with the postal address is enough to differentiate it from all the other flats in the tenement.
    2. 4-in-a-block type flats where all flats in the block have a unique postal address and also have their own external front door (i.e. are not accessed via a common close).
      • If the description is "...23 Carlton Place, Irvine KA12 8HR on the upper floor of the block 21, 23, 25 and 27 Carlton Place..." this would be sufficient despite the lack of compass orientation provided the keeper is satisfied that there is only one no 23 within the block, and that the flats in the block have their own external front doors (this can usually be established easily from the deed plan for the flat).
2The floor level (or levels) of the flat within the flatted building must be given in the DIR or deed for extent.Some descriptions are given by reference to the ground or street level (for example, on the second floor above the ground floor); other descriptions simply refer to the floor level (for example, that third floor flatted dwellinghouse); and in two story buildings such as 4 in a block style, the description may refer to upper or lower (for example, the upper flat, or the flat on the upper level). All of these types of description are acceptable.
3The location of the flat on that floor level (or levels) must be given in the deed for extent.

Some descriptions are given by compass orientation (for example, the west-most flat, or the north-most portion of the upper floor); other descriptions refer to the left hand, right hand or middle position on a particular floor (for example, the left hand flatted dwelling house, or the middle unit on the second floor). Both of these types of description, and a combination of both, are acceptable.

The exception to this rule is if a building is split into flats or units where a flat occupies a whole floor (for example, a split villa), the description will not give a location of the flat on that floor level. An example would be "that flatted dwellinghouse being the lower flat of the dwelling formerly known as .....". In an example such as this where there is only one flat per floor, this type of description would be acceptable.

 Examples of acceptable and unacceptable verbal descriptions

"All and Whole that flatted dwellinghouse known as "Jessie Villa" forming part of the dwellinghouse formerly known as Villa Inveresk and now known as 4 Promenade, Fisherrow, Musselburgh, with the cellars....."

"All and Whole the flatted dwellinghouse 54C Spittal Street, Stirling being the eastmost flat on the first floor above ground within the block of four flatted dwellinghouses 54A, 54B, 54C and 54D Spittal Street, aforesaid. Which subjects are erected on......."

"All and Whole that former dwellinghouse (now office premises) number 1 Randolph Crescent, Edinburgh being the ground floor and the basement storey of the tenement known as 1 Randolph Crescent and 1 Randolph place, Edinburgh, which tenement is erected on that area of piece of ground....."

Example 1 - unacceptable verbal description of a flat

Example 2 - acceptable verbal description of a flat

Example 3 - acceptable verbal description of a flat


This verbal description meets some but not all of the criteria for accurately identifying a flat or unit within a tenement or flatted building, and therefore cannot be accepted for registration. Although it contains a postal address for the building and describes the property as being a flatted dwellinghouse, it does not give any details of the floor level or the location on that floor level where the flat can be found.

If a description such as this was accepted for registration, there is a risk that a competing title could be accepted at a later date as it would not be clear which flat in the building had already been registered, particularly if the flat had changed name from Jessie Villa to another name.


This verbal description meets all of the criteria for accurately identifying a flat or unit within a tenement or flatted building, and therefore can be accepted for registration. A postal address is provided for the flat, the floor level is given, and the location on that floor is given by reference to a compass orientation.

When a description such as this is accepted for registration, there is very little risk that a competing title would be accepted at a later date as it would be clear from the title sheet which flat in the building had already been registered.


This verbal description meets all of the criteria for accurately identifying a flat or unit within a tenement or flatted building, and therefore can be accepted for registration. A postal address is provided for the flat, the floor levels are given, and the description indicates that the office occupies the whole of those floor levels within the building.

When a description such as this is accepted for registration, there is very little risk that a competing title would be accepted at a later date as it would be clear from the title sheet which flat or unit in the building had already been registered.


Guidance

If the verbal description of the flat or unit in the deed for extent in your application does not meet the three criteria listed above, refer to a referral officer for rejection because the Keeper cannot accurately identify the property in the title sheet.


Verbal descriptions of flats combined with a reference on a deed plan
 

 click here for guidance on accepting verbal descriptions of flats combined with a reference on a deed plan

Essential criteria for verbal descriptions of flats combined with a reference on a deed plan

If all of the criteria listed below are met, the verbal description of the flat combined with a reference on a deed plan is acceptable and can be used in preparing the title sheet for the flat being registered.



CriteriaAdditional Comments
1A postal address must be given in the DIR or deed for extent.

Some tenement or flatted buildings have a unique postal address for each flat or unit within the building, others only have a postal address for the building itself. Both forms are acceptable, provided they are supported by the second and third criteria, below.

Please note, a postal address alone is not regarded as a sufficient description of a flat; it must also be accompanied by some other means of locating that flat within the block. It should be used in combination with the floor level (criteria 2) and the location on that floor (criteria 3).

Exceptions to this rule are:

    1. flats or units such as main door flats or shops.
      • If the description is "...the main door flat 25 of the block 25, 27 and 29 Easter Street, Wemyss Bay..." this would be sufficient despite the lack of floor level or compass orientation provided there is only one main door flat within the block - the inclusion of the description "main door" together with the postal address is enough to differentiate it from all the other flats in the block.
      • If the description is "...the shop premises 142 of the tenement 142 & 144 West Road, East Linton..." this would be sufficient despite the lack of floor level or compass orientation provided there is only one shop within the tenement - the inclusion of the description "shop premises" together with the postal address is enough to differentiate it from all the other flats in the tenement.
    2. 4-in-a-block type flats where all flats in the block have a unique postal address and also have their own external front door (i.e. are not accessed via a common close).
      • If the description is "...23 Carlton Place, Irvine KA12 8HR on the upper floor of the block 21, 23, 25 and 27 Carlton Place..." this would be sufficient despite the lack of compass orientation provided the keeper is satisfied that there is only one no 23 within the block, and that the flats in the block have their own external front doors (this can usually be established easily from the deed plan for the flat).
2The floor level (or levels) of the flat within the flatted building must be given in the DIR or deed for extent.Some descriptions are given by reference to the ground or street level (for example, on the second floor above the ground floor); other descriptions simply refer to the floor level (for example, that third floor flatted dwellinghouse); and in two story buildings such as 4 in a block style, the description may refer to upper or lower (for example, the upper flat, or the flat on the upper level). All of these types of description are acceptable.
3The location of the flat on that floor level (or levels) is given in the deed for extent, and/or is shown on a deed plan that is referred to in the deed for extent.

Some descriptions are given by compass orientation (for example, the west-most flat, or the north-most portion of the upper floor); other descriptions refer to the left hand, right hand or middle position on a particular floor (for example, the left hand flatted dwelling house, or the middle unit on the second floor). Both of these types of description, and a combination of both, are acceptable.

The exception to this rule is if a building is split into flats or units where a flat occupies a whole floor (for example, a split villa), the description will not give a location of the flat on that floor level. An example would be "that flatted dwellinghouse being the lower flat of the dwelling formerly known as .....". In an example such as this where there is only one flat per floor, this type of description would be acceptable.

Another commonly seen style of description is for the extent and location of the flat on a particular floor level to be given on a deed plan referred to in the deed for extent (for example,"...that second floor of the Block shown hatched in red on the plan annexed hereto..."). In order for this type of description by reference to a plan to be acceptable, the deed plan must meet the deed plan criteria listed on Further Guidance page - Deed plan must be acceptable.

A hybrid of these two descriptions is also used in some deeds, for example "the westmost flatted dwelling house on the second floor of the Block...., as said flat on the second floor is shown hatched in red on the plan annexed hereto"). Where the deed plan meets the deed plan criteria listed on Further Guidance page - Deed plan must be acceptable, then a plans reference should be provided as well as including the verbal description. Should the deed plan not be acceptable in a hybrid scenario, please speak with a referral officer before rejecting as it may be possible to proceed with the application using only the verbal description.



 Examples of acceptable and unacceptable verbal descriptions of flats combined with a reference on a deed plan

"All and Whole that flatted dwellinghouse known as and forming 34D Boyd Court, Kilmarnock in the County of Ayr forming part of the block of four flatted dwellinghouses number 34A, 34B, 34C and 34D Boyd Court aforesaid, the extent of which flatted dwellinghouse is shown coloured red and hatched black on the plan annexed and signed as relative hereto....."

"All and Whole that ground and first floor flatted dwellinghouse known as and forming 34D Boyd Court, Kilmarnock in the County of Ayr forming part of the block of four flatted dwellinghouses number 34A, 34B, 34C and 34D Boyd Court aforesaid, the extent of which flatted dwellinghouse on the ground floor is shown coloured red and hatched black and labelled 34B and 34D on the plan annexed and signed as relative hereto, and on the first floor is shown coloured red and hatched black and labelled 34D on the said plan ....."

Example 1 - unacceptable verbal description of a flat combined with a reference to a deed plan

Example 2 - acceptable verbal description of a flat combined with a reference to a deed plan


This verbal description meets some but not all of the criteria for accurately identifying a flat or unit within a tenement or flatted building, and therefore cannot be accepted for registration. Although it contains a postal address for the building and describes the property as being a flatted dwellinghouse, it does not give any details of the floor level within the text of the deed. Although the deed plan shows the words "upper floor", this is not given in the text of the deed and is therefore not a sufficient description.

In addition, the deed plan meets some but not all of the criteria for accurately identifying a property on the cadastral map, and therefore cannot be accepted for registration. Although there is a location plan at an appropriate scale, and it has a north arrow, it does not have a scale bar or a quoted scale, we cannot be certain it is drawn to scale, and it does not contain sufficient surrounding detail to identify the location of the flat accurately within the building.


This verbal description meets all of the criteria for accurately identifying a flat or unit within a tenement or flatted building, and therefore can be accepted for registration. A postal address is provided for the flat, the floor level is given, and the location on that floor is given by reference to an acceptable deed plan.

This deed plan meets the criteria for accurately identifying a property on the cadastral map and can therefore be accepted for registration. It is at an appropriate scale, is drawn to scale, has a north arrow, and contains sufficient surrounding detail to identify the extent of the flat accurately within the building.

When a description such as this is accepted for registration, there is very little risk that a competing title would be accepted at a later date as it would be clear from the title sheet which flat in the building had already been registered.


Guidance

If the verbal description of the flat or unit combined with a reference to a deed plan in the deed for extent in your application does not meet the criteria listed above, refer to a referral officer for rejection because the Keeper cannot accurately identify the property in the title sheet.


Exception

Lease of part of a tenement

If your application is to register a lease of part of a tenement, there is an exception to the normal policy that can be applied if the lease contains a verbal description AND refers to a plan. If the plan showing the leased premises does not meet the keeper’s requirements for mapping, we can treat the reference to the plan as pro non scripto and work solely with the verbal description of the leased premises. This is only possible because of the keeper’s policy of incorporating the whole of the lease deed (with any plans) into the title sheet by reference to the deed in the archive record, since the information contained in the lease plans is not “lost” when the keeper uses only the verbal description. This exception to normal policy must only be applied to this scenario of leases within tenements (and an associated APR application) – not to non-tenement leases, and not to ownership titles within tenements.

It must be stressed, however, that the keeper can only proceed on the basis of the verbal description if that verbal description is acceptable. The external general guidance on the cadastral map relating to tenements and other flatted buildings states that where the keeper already holds an extent for the tenement steading, the applicant should ensure that that their application/deed is clear about the location [within the tenement] of the flat or unit with which they are dealing.  See the general guidance. above, on what constitutes an acceptable verbal description.


Registers of Scotland (RoS) seeks to ensure that the information published in the 2012 Act Registration Manual is up to date and accurate but it may be amended from time to time.
The Manual is an internal document intended for RoS staff only. The information in the Manual does not constitute legal or professional advice and RoS cannot accept any liability for actions arising from its use.
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