Using Supplementary Data to the Title Sheet with Tenements and Sub-divided Buildings

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 do not require to be reflected on the cadastral map; instead, a tenement steading cadastral unit is shown on the cadastral map, and comprises the plot of land occupied by the tenement and all registered flats within it.

Each registered flat within the building will still have its own, unique title sheet, and the property section of each of these title sheets will refer to that flat as forming part of the tenement steading cadastral unit. If plans references are required for the extent of the flat on a particular floor level, an area of exclusive or common ownership within the tenement steading, or for a pertinent of that flat (such as a servitude right of access), these will be not be shown on the primary ungrouped layer of the cadastral map but instead will be shown on a separate grouping or layer and included in the title sheet as supplementary data.


When should a plans reference in a tenement be shown on the cadastral map or in supplementary data to the title sheet?

The basic rule is:

  • If the plans reference relates to the plot of ground on which the tenement was built (the tenement steading), then it will be shown on the primary ungrouped layer of the cadastral map.
  • If the plans reference relates to an individual flat (or flats), then it will be shown on a grouping or layer that contains the supplementary data.


Examples

Deed the plans reference is being taken fromDescription in deedRelating to the tenement plot as a whole, or to a flat or flats?Cadastral map or supplementary data to the title sheet?
deed for extent or DIRthe extent of which tenement steading is shown edged red on the plan annexed heretorelates to the tenement plot as a whole

cadastral map

(primary ungrouped layer)

deed for extent or DIRwest-most flat on the third floor as said flat is shown shaded blue on the plan annexed heretorelates to a flat

supplementary data

(grouping)

deed for extent or DIRwith the exclusive garden ground hatched red on the plan annexed heretorelates to a flat

supplementary data

(grouping)

deed for extent or DIRtogether with a 1/6 right in common to the drying green coloured yellow on the plan annexed heretorelates to several flats

supplementary data

(grouping)

Please note, this reference will be shown as supplementary data for all flats having a right in common to the drying green.

deed of servitude, deed for extent or DIR

(where the servitude relates to individual properties within the building)

with a right of servitude access for pedestrian use over the path coloured brown on the plan annexed heretorelates to a flat

supplementary data

(grouping)

deed of servitude, deed for extent or DIR

(where the servitude affects the whole building)

with a right of servitude access for pedestrian use over the path coloured brown on the plan annexed hereto in favour of others outwith the steading (neighbouring properties)relates to the tenement plot as a whole

cadastral map

(primary ungrouped layer)

prior burdens deed that affected the ground that the whole tenement was later built on (reference requested by legal settler)burdened by a servitude right of wayleave for a drainage pipe, the line of which is shown with a blue line on the plan annexed heretorelates to the tenement plot as a whole

cadastral map

(primary ungrouped layer)

tenement is defined as the benefitted or burdened property in a TCA deed
relates to the tenement plot as a whole

cadastral map

(primary ungrouped layer)


Naming the supplementary data

Full information on naming conventions can be found in the main Groupings guidance section, however in summary -

  • The style of name to be given to the grouping used to show the supplementary data is "supplementary data 1", "supplementary data 2", etc with the suffix corresponding to the number of the particular grouping.

  • An LRS title note should be added advising the legal settler of the details of the grouping/supplementary data that has been created so they can use this naming information when editing the title sheet for the individual flat.


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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