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

   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.