TP - 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 plan 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 TP application for 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 TP tenement flow chart to check if a new tenement steading cadastral unit is required.

    TP tenement flow chart

   


   Visio 5026

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 the first 2012 Act registration of a TP for any flat or unit within the tenement.

   • Any 1979 Act PRs for flats or units within the tenement will be converted at a future date.
     
     

3. An internal TP application is required to remove the full extent of the tenement steading (or the restricted extent if that is all that can be derived from the information available) from the development parent title. This new tenement steading cadastral unit & title sheet becomes the parent title for the tenement steading, and the TP for the flat is then removed from the new tenement steading parent title. The original development parent title effectively becomes the grand-parent. The date of registration for the new tenement steading parent title will be the same date as the TP application for the flat.

   Although an internal application is used to create the tenement steading TP, the resultant cadastral unit and title sheet are not dummies - they are real cadastral units and title sheets that contain real information on ownership, securities, rights and burdens.

   
   3.1 A request should be made to create the new tenement steading parent title. Depending on the local procedures in your team, use one of the following options:

    Option A - Use the tenement parent title template email

   A3.1 The tenement parent title template email should be used to request the creation of the new tenement steading parent title.

   A3.1.1 Ensure you complete all fields in the email template - if all the information is not provided, TP Support will return it to you for completion.

   A3.1.2 Part One of the email is the request for the new internal TP to remove the tenement steading

   • • Provide the original development parent title number.
     • Instruct the use of deed code 416 (RoS TP Tenement Admin).
     • Instruct the use of FAS number 2222 (a dummy FAS number used internally by RoS when there is no applicant & no fee).
     • Give details of what is to be entered in the applicants field(s) - this will be the same as the details in the proprietorship section of the original development parent title.
     • Give details of what is to be entered in the address field - the remainder of the property section detail will be completed later in the registration process.
     • Advise the date of registration of the new internal TP to remove the tenement steading - this will be the same as the date of registration of the TP application for the flat.

   A3.1.3 Part Two of the email is the request to have the parent title number of all the pending TP applications for the flats in this Block changed from that of the original development parent title to that of the new tenement steading parent title.

   • • Provide the application number of the current TP application for the flat, plus the application numbers of the other pending flats in the block.

   A3.2 Once the two parts of the request in step A3.1 have been dealt with, you will receive an email from TP Support advising you of the application number of the TP to remove the new tenement steading parent title from the original development parent title.

   A3.2.1 Check the application details of the TP to remove the new tenement steading parent title from the original development parent title are correct.

   A3.2.2 Check the text "internal application to create tenement steading parent title" has been added to the Additional Information field - if it hasn't, please add this text when you take the application on.

   A3.2.3 Take on the new TP application on the LRS, print out a flysheet, and put in a casebag.

   A3.2.4 Check the correct change has been made to the parent title details of the TP application for the flat.

   A3.2.5 Print out a new flysheet for the TP application for the flat and put in the casebag.

    Option B - Use the internal tenement steading TP request form

   B3.1 The internal Tenement Steading TP request form should be used to request the creation of the new tenement steading parent title. The printable version of the form can currently be found at O:\Production\Reg3\Public\2012 MBH TP Team under the file name  Dummy Tenement TP Form.

   B3.1.1 Ensure you complete all fields in the form - if all the information is not provided, TP Support will return it to you for completion.

   B3.1.2 Part One of the form is the request for the new internal TP to remove the tenement steading

   • • Provide the original development parent title number.
     • If a TA is also being requested, provide the original parent title number for the TA.
     • Advise the date of registration of the new internal TP to remove the tenement steading - this will be the same as the date of registration of the TP application for the first flat.
     • Advise the LRS category that should be assigned to the new internal TP once it has been created.
     • Give details of what is to be entered in the address field - the remainder of the property section detail will be completed later in the registration process.
     • Instruct the use of deed code 416 (RoS TP Tenement Admin).
     • Instruct the use of FAS number 2222 (a dummy FAS number used internally by RoS when there is no applicant & no fee).
     • Give details of what is to be entered in the applicants field(s) - this will be the same as the details in the proprietorship section of the original development parent title.

   B3.1.3 Part Two of the form is the request to have the parent title number of all the pending TP applications for the flats in this Block changed from that of the original development parent title to that of the new tenement steading parent title.

   • • Provide the application number of the current TP application for the flat, plus the application numbers of the other pending flats in the block.
     • If any of the pending TPs are not physically with your current TP application, give details on the form of their current location - TP Support will then request these casebags from Centralised Support.
     • Provide instructions on the form of where each of the TP applications should be sent once the parent title details have been changed. For example, the current TP to be returned to you at plans settle, all other TPs to be sent to/swiped at a particular LRS shelf location, e.g. _await_1st_rem.

   B3.1.4 Print the completed form.

   B3.1.5 Release the current TP application(s) to plans settle on the LRS and physically send all casebags along with the form to TP Support.

   B3.2 Once the two parts of the request in step B3.1 have been dealt with, you will receive from TP Support the casebags for the current TP for the flat, the new TP for the tenement steading parent title, plus any other TP applications you requested.

   B3.2.1 Check the application details of the TP to remove the new tenement steading parent title from the original development parent title are correct.

   B3.2.2 Check the text "internal application to create tenement steading parent title" has been added to the Additional Information field - if it hasn't, please add this text when you take the application on.

   B3.2.3 Take on the new TP application on the LRS at plans settle.

   B3.2.4 Check the correct change has been made to the parent title details of the TP application(s) for the flat(s).

   B3.2.5 Take on the amended TP application(s) for the flat(s) on the LRS at plans settle.

   
   3.3 If necessary, email IT Services or TP Support to request that the flat TP is linked with the correct tenement steading parent title.
   
   

4. The new TP application for the tenement steading should be mapped on the DMS in the normal manner, and removed from the development parent title using either the green-out or positive removal style. The Tenement Steading Extent flowchart will help you establish the extent of the tenement steading cadastral unit.

    Tenement steading extent flow chart

   


   Visio 5033

   
   

   4.1 If the flat being registered has rights in a common area outwith the tenement steading extent (for example, development amenity ground owned in common by all owners within the development), and those rights are to be mapped under the transitional provisions (i.e. a shared plot is not being created), enough shares or rights in common to cover all the flats (those pending registration and those still to be registered) within the block should be removed from the development parent title at the same time, and added to the new tenement steading parent title. User Guide TP Plans - Tenement First Removal gives details of this process.
   
   4.2 If the development parent title is a mixed-fee type title, the Further Guidance page Removing a Tenement Block from an LSVT or Other Mixed Fee Parent Title contains additional guidance.
   
   4.3 If plans references were already shown on the development parent title for the removal or feu of flats and areas of common or exclusive ownership within the tenement steading (areas pertaining to previous 1979 Act TP flat registrations), the references shown on the development parent title should be updated to reflect that the whole tenement steading has now been removed.

   4.4 The DMS casenotes for the development parent title should be updated to reflect the removal of the tenement steading and any other changes made to the plans referencing on the development parent title. This may require noting which removal and feu numbers can now be re-used as they have been deleted from the cadastral map when the tenement steading has been removed.

   4.5 The LRS title notes for the new TP application for the tenement steading should be completed in the normal manner for a TP, and must also include a note identifying this cadastral unit as the tenement steading cadastral unit - Further Guidance on completing the LRS Title Notes. 

   • An LRS title note should be added advising the legal settler of any changes made to the plans references on the development parent title.
   • The Parent Title Schedule template should be completed giving legal the title numbers and addresses of any previous 1979 Act TPs that will need to be listed in a new schedule of removals or schedule of feus in the tenement steading title sheet.
   • An LRS title note should be added providing the legal settler with the schedule entry number that was previously given to each of the 1970 Act TPs in the original parent title sheet. This information will be required by the legal settler to update the original parent title sheet.

   4.6 The DMS casenotes for the new TP application for the tenement steading should be completed in the normal manner, and must also include a note identifying this cadastral unit as the tenement steading cadastral unit - Further Guidance on completing the DMS case notes. If previous 1979 Act TP flat registrations exist in the tenement, details of these removals and feus should be included in the DMS casenotes.
   
   

5. The TP application for the flat should now be mapped. The parent title for the tenement steading has already been set up as the tenement steading cadastral unit.
   
   
6. The title number allocated to the application for registration of the flat will not change. The cadastral unit number of the newly created tenement steading cadastral unit will be referred to in the title sheet since the flat being registered forms part of that tenement steading cadastral unit. For example, MID150 is the cadastral unit number. The first flat is title number MID145 out of cadastral unit number MID150. The second flat is title number MID301 out of cadastral unit number MID150.
   
   
7. On the DMS, due to the current IT provision, it is not possible to link more than one title sheet to a tenement steading cadastral unit - there is a one-to-one relationship between an application on the LRS and an application on the DMS. Because of this, you will need to map and authorise a copy of the tenement steading extent on the DMS for every application to register a flat within that tenement. In the future, when the IT provision changes, these extra copies of the tenement steading extent may be removed & the title sheets linked directly to the original tenement steading cadastral unit - this will be a many to one relationship between applications on the LRS and a single application on the DMS.
   
   7.1 Map the extent of the tenement steading in the TP application to register a flat or unit onto the cadastral map in the normal manner - consider if the 25 metre rule applies.
   
   
8. No plans reference is required on the tenement steading parent title cadastral unit for the removal of the flat TP. However, the DMS casenotes for the tenement steading parent title should be updated to reflect the removal of the flat - for example, "ELN78432, westmost 3rd flr flat has been removed from this title". When more than one flat has been removed, this could take the form of a list.
   
   
9. The DMS casenotes for the flat TP will be completed in the normal manner for a flatted property, and must also include a note identifying that the flat forms part of the newly created tenement steading cadastral unit - Further Guidance on completing the DMS case notes.
   
   
10. The LRS title notes will be completed in the normal manner for a TP and a flatted property, and must also include a note identifying that the flat forms part of the newly created tenement steading cadastral unit - Further Guidance on completing the LRS title notes. A title note must also be added requesting that the legal settler adds the flat TP being registered to a schedule of removals in the tenement steading parent title.
    
    
11. Any plans references for rights and pertinents pertaining to the flat will be mapped on a plan showing the supplementary data, and will not be mapped on 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.
    
    

12. The property section of the title sheet will refer to the flat as forming part of the tenement steading cadastral unit. The details in the Cadastral Unit field in the property section header information will be changed manually to the tenement steading cadastral unit number.

      

   13.  The Further Guidance pages found at Mapping Tenement Properties contain useful guidance on dealing with other aspects of registering flatted property.

   14.  The User Guide Prepare for Mapping - TP Plans - Tenement First Removal take you through the full process of plans settling the flatted property.