Check for Common Areas & Shared Plots - TP Plans - Cat B

Process Steps

Check for common areas and shared plots

3.1 Read the deed for extent to check for any part of the property being registered that is a common area.

3.1.1 Check the Common Areas questions in Part B of the Application for Registration form to see if the question "Does the deed being registered transfer any area of ground that is owned in common with another person or persons?" has been answered. This question can help you establish if there are any common areas being registered in the application.

3.1.2 If the answer is Yes, check the answer to the next question, "If yes, has the area been included in any registered title(s)?". Again, if the answer is Yes, take a note of any title number given in the response as this information can help with either preparing a referral (see step 3.4), or making a decision on how to map the common areas (see step 3.12).

3.1 3 If there are no common areas being registered, proceed straight to the next part of the process - Map the title - TP Plans - Cat B - no common areas.

3.1.4 If there are common areas being registered, proceed to step 3.2.

3.2 Does the deed for extent fully define all common areas?

3.2.1 If the deed for extent fully defines all the common areas, proceed to step 3.3.

3.2.2 If the deed for extent does not fully define one or all of the common areas, use the Common Areas - include, omit or reject flow chart to work out the action to take for each area of common ownership.

3.2.3 If the result of the flow chart is that the application should be rejected, refer to a referral officer to consider for rejection.

3.2.4 If the result of the flow chart is that a right to a common area should be omitted from the title sheet,

• Take a note of the right and the deed it is contained in as you will need to inform the legal settler of its omission by way of a title note on the LRS at a later stage in the process.
• Proceed to step 3.2.5.

3.2.5 If the result of the flow chart is that a right to a common area should be included in the title sheet, proceed to step 3.3.

3.3 If there are common areas being registered,

• • SO1 Plans Settlers should proceed to step 3.4
  • Referral Officers should proceed to step 3.7
  • RO2 Plans Settlers should proceed to step 3.12.

SO1 plans settlers

3.4 Prepare a referral to be passed to your referral officer regarding the common areas and how they should be registered. Should they be set up as shared plot title sheets or will they be mapped either as pertinents of the primary TP plot or under the transitional provisions?

3.4.1 Use the TP Common Areas Referral Form.

3.4.2 From an index map search, is the common area, or any part of it, registered in a title other than the Parent Title?

3.4.3 If it is not registered in a title other than the parent title, include this information in the referral form.

3.4.4 If it is registered in a title other than the parent title, provide details of the existing registration on the referral form. Advise if the existing registration was previously set up as a shared plot on the cadastral map or not.

3.4.5 If there is more than one common area forming part of the property being registered, provide separate details for each common area in the referral form.

3.4.6 Where known, give details of the share that is being registered in each common area (for example, 1/3 or 25% share).

3.5 When complete, place the referral sheet in the casebag, refer the application to plans settle on the LRS, and place the casebag on the referral shelf.

3.6 When the casebag is returned to you from the referral officer, take the case on at plans settle on the LRS and read the response to your referral. Where the response confirms that a shared plot is not appropriate and instructs you to map the common area as a pertinent of the primary TP plot provide a reference for the common area on the TP cadastral unit and provide a reference for the removal of the share in the common area on the parent title cadastral unit following the guidance on Removals and common areas at Removal Styles on Parent Titles. In practical terms these procedures will be almost identical to those set out under Map the Title - TP Plans - Cat B - common areas, transitional provisions and Add LRS Information - TP Plans - Cat B - common areas, transitional provisions and those pages may be referred to for guidance. 

3.6.1 If the instructions tell you to map all the common areas under the transitional provisions, proceed straight to the next part of the process - Map the Title - TP Plans - Cat B - common areas, transitional provisions.

3.6.2 If the instructions tell you to have TS or AS applications created, follow the instructions in TP - When to Create or Add to a Shared Plot Title Sheet to create the applications on the LRS.

3.6.3 Proceed to the next part of the process - Map the Title - TP Plans - Cat B - sharing plots.

Referral officers

3.7 Upon receipt of a referred application, check that the TP Common Areas Referral Form has been fully filled in.

• If the form is not complete, return the application to the plans settler and request they add the missing information.

3.8 Take on the application at plans settle on the LRS.

3.9 Using the information provided on the common areas referral form, supported by an index map search if necessary, use the TP shared plot flow chart & the further guidance on Mapping Common Areas & Shared Plots to decide which process should be followed.

3.10 Once the decisions have been made on the appropriate style of mapping, add instructions to the TP Common Areas Referral Form for the plans settler to follow.

For example:

• how many new shared plot title sheets should be set up (TS applications), and which common areas are to be included in each,
• which existing shared plot title sheets should be added to (AS applications), and which common areas are to be added to each, or
• shared plot cadastral units are not appropriate in this application, so instruct that the common areas are to be mapped either under the transitional provisions or if application or if applicable that the area be mapped as a pertinent of the primary TP plot.

3.11 Release the application back to the plans settler on the LRS.

RO2 plans settlers

Where the common area is to be mapped as a pertinent of the primary TP plot provide a reference for the common area on the TP cadastral unit and provide a reference for the removal of the share in the common area on the parent title cadastral unit following the guidance on Removals and common areas at Removal Styles on Parent Titles. In practical terms these procedures will be almost identical to those set out under Map the Title - TP Plans - Cat B - common areas, transitional provisions and Add LRS Information - TP Plans - Cat B - common areas, transitional provisions and those pages may be referred to for guidance if required. 

3.12 Use the TP Shared Plot flow chart & the Further Guidance on Mapping Common Areas & Shared Plots to decide which process should be followed.

3.13 After using the flow chart, and having had any additional applications created (if necessary), proceed to the next process.

• • If new shared plot title sheets have been set up or existing shared plot title sheets are being added to - Map the Title - TP Plans - Cat B - sharing plots.
  • If the property is being mapped under the Transitional Provisions - Map the Title - TP Plans - Cat B - common areas, transitional provisions.

Where the common area is to be mapped as a pertinent of the primary TP plot provide a reference for the common area on the TP cadastral unit and provide a reference for the removal of the share in the common area on the parent title cadastral unit following the guidance on Removals and common areas at Removal Styles on Parent Titles. In practical terms these procedures will be almost identical to those set out under Map the Title - TP Plans - Cat B - common areas, transitional provisions and Add LRS Information - TP Plans - Cat B - common areas, transitional provisions and those pages may be referred to for guidance if required.