FR - Creating a New Tenement Steading Cadastral Unit

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. Using section 16, the Keeper can represent a tenement, or other sub-divided building, and all the registered flats within it as a single cadastral unit on the cadastral map - this cadastral unit defines the extent of the tenement steading within which all the flats, their rights and pertinents are contained. This is known as the tenement steading cadastral unit.

Each registered flat within the building will still have its own, unique title sheet, however the property section of each of these title sheets will refer to the 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, these will be shown on a separate grouping or layer that shows supplementary data for the individual flat.

A tenement steading cadastral unit will be set up by the Keeper upon receipt of the first 2012 Act application for first registration of a flat within a tenement or other sub-divided building - this applies whether there is an existing 1979 Act registration of a flat or not. Any existing 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 other flats in the same tenement.

Requirements for applications within tenements

There are two fundamental requirements that must be met before the Keeper will proceed any further with an application to register a flat or unit in a tenement steading. These are:

• Tenement steading extent. if the Keeper does not already hold an acceptable extent for the tenement steading, either (1) a plan or suitable description of the extent of the full tenement steading cadastral unit, or (2) a plan or suitable description of the tenement building itself, and of all the rights and pertinents of the flat that are located outwith the building must be supplied in the application - See Further Guidance on acceptable deed plans, bounding descriptions and identifying the tenement steading extent; and
  
  
• Unique flat description. A plan or suitable description of the individual flat that allows the flat to be differentiated from all other flats in the building must be supplied with the application - see Further Guidance on acceptable descriptions of flatted property.

If either of these two requirements is not met, the application should be considered for rejection as the application does not comply with the conditions of registration.

Once it has been established that these two requirements are met, further consideration can then be given to the particulars of the application and how it should be plans settled.

Creating a new tenement steading cadastral unit - key points for plans settlers

1. Use the FR tenement flow chart to check if a new tenement steading cadastral unit is required.

    FR tenement flow chart

   

   Visio 5016

2. If the result in the flow chart that fits your application is "A new tenement steading cadastral unit is needed", the following guidance contains the key points to be borne in mind when setting up a new tenement steading cadastral unit. You will have been directed to this Further Guidance page if the application for registration is either:
   • the first registration of any flat or unit within the tenement; or
   • the first 2012 Act registration of a flat or unit within a tenement that already has 1979 Act registrations within it, as any 1979 Act PRs will be converted at a future date.
     
     
3. The cadastral unit number and the title sheet number allocated to the current application for registration will be the same.
   
   

4. When mapping in the Plan Creator, the extent of the tenement steading cadastral unit will be the acceptable extent already held by the Keeper, the extent as defined in the current application, or the extent as derived by the Keeper from the information available - The Tenement Steading Extent flow chart will help you establish the extent of the tenement steading cadastral unit. The tenement steading cadastral unit will be mapped onto the cadastral map in the normal manner.

    Tenement steading extent flow chart

   


   Visio 5033

5. The tenement steading cadastral unit will be classified in the Plan Creator as Tenement Steading.
   
   
6. Consider if the 25 metre rule applies.
   
   
7. Any plans references for rights and pertinents pertaining to the flat will be mapped on a separate grouping (or groupings if it is complex) showing supplementary data, and will not be mapped on the primary ungrouped layer of the cadastral map. This supplementary data will be referred to in the flat's title sheet as "supplementary data 1, supplementary data 2, etc" with the suffix reflecting the grouping number.

8. The LRS title notes will be completed in the normal manner for a flatted property, and must also include a note identifying this cadastral unit as the tenement steading cadastral unit for the block - Further Guidance on completing the LRS Title Notes.

   
   

9. The property section of the title sheet will refer to the flat as forming part of the tenement steading cadastral unit - see Further Guidance on sample property section styles for tenement properties for more examples.

    Property section examples when a new tenement steading cadastral unit has been set up

   Title sheet number	Description in deed	Property section entry
   		Prefix	Address	Suffix
   ABN123	eastmost flat on the first floor above ground floor of the tenement 663 Great Northern Road, Aberdeen AB24 2BX	Subjects part of cadastral unit ABN123 edged red on the cadastral map being the eastmost flat on the first floor above ground floor of the tenement	663 GREAT NORTHERN ROAD, ABERDEEN, AB24 2BX
   DMB789	Flat E, 5 Townend Road, Dumbarton G82 2AG being the westmost flat on the 2nd floor of the block 5 Townend Road	Subjects part of cadastral unit DMB789 edged red on the cadastral map being	FLAT E, 5 TOWNEND ROAD, DUMBARTON, G82 2AG	being the westmost flat on the second floor of the block 5 TOWNEND ROAD

   
   

10. The Further Guidance pages found at Mapping Tenement Properties contain useful guidance on dealing with other aspects of registering flatted property.
    
    
11. The User Guides Prepare for Mapping - FR Plans - RA - Tenement and Prepare for Mapping - FR Plans - Non RA - Tenement take you through the full process of plans settling flatted property (Please note, the user guides are still to be updated for Plan Creator processes).