General

The title notes in the LRS are used by plans settlers to pass information on to the legal settler about the mapping of an application. The legal settler then uses this information when they are completing the title sheet for the property being registered. The information provided by plans settlers in the LRS title notes can also be useful to future viewers who are trying to understand why a cadastral unit or a title sheet looks the way it does.

Where possible, the templates provided on the LRS should be used for completing the title notes in a clear & consistent manner. Where using a template is not appropriate for a particular note, the title note should be clear & complete, containing all the information that the legal settler will need on that matter to process the application for registration.

Useful links

LRS Title Notes - Free Text

Hints & Tips

To generate the list of available templates, right click within an empty LRS title note box.
If using a template, enter NIL or delete any field that does not apply to the property being registered.
If the inventory in the application for registration form has been completed, provide the item number of the deed; otherwise provide a brief description of the deed (for example, Disposition in favour of J Mearns, recorded 4th October 1970).

Templates for Title Notes on the LRS

1 FR Plans Remarks to Legal

Template

Existing Registrations -

Insert the title number of any existing registered title for (1) the leasehold interest in the property (for example, MID34765 - Lease), or (2) the minerals interest in the property (for example, GLA61209 - Minerals), or (3) the salmon fishings interest in the property (for example, PTH47123 - Fishings), or (4) the land interest in the property if your current registration is for one of the other types of title (for example, LAN98765 - Land).

TPO Affects -

Insert the whole of the unique ID for any TPO affecting the property being registered (for example, FFE000124/06/1975GRS). Best practice is to add a separate title note to the LRS giving details of any plans reference provided on the cadastral map for the TPO.

RA -

Insert the unique reference number for the research area(s) that affects the property being registered. Best practice is to add a separate title note to the LRS giving details of any plans reference provided on the cadastral map for the extent of the RA.

If the property forms part of more than one research area, details of all research areas should be provided here.

RA has been brought forward as a -

If the extent of the RA has been brought forward as a red edge or brown edge on the cadastral map then the plans reference used should be noted in this field (for example, RA 1234/FFE has been brought forward onto the cadastral map as a brown edge as per the RA instructions).

PRs -

List the cadastral unit number/title number and address of any previous registration within the RA, or tenement/block that is a similar style to the property being registered.

If the PR is a 2012 title, add "post-DD" (for example, SEL4589, post DD, Flat 6)

Pre Appointed Day PR -

List the cadastral unit number/title number and address of a pre appointed day (28th November 2004) registration within the RA, tenement/block, or development. Note: A pre appointed day PR is only required when section 53 of the Title Conditions (Scotland) Act applies.

Servitude registered - see

On the first registration of a property where the DIR contains or refers to an earlier deed containing the grant of a servitude, the plans settler should inform the legal settler whether or not the land over which the servitude has been granted is already registered. If it is already registered, then the cadastral unit number/title number should noted plus the details of the plans references used on the cadastral map for the earlier registration (for example, see WGN874, burdened by servitude right of access tinted blue on the cadastral map).

Servitude co-extensive - Yes/No/Not referenced

Confirm that the extent of the servitude in the property to be registered is:

Co-extensive with the existing registered extent of the servitude by selecting Yes,

Not co-extensive with the existing registered extent of the servitude by selecting No (A referral to your referral officer will be required in such an instance. If the application is able to proceed after the referral, a separate LRS title note should be added explaining the situation & the decision),

Or select Not Referenced in the previous registration (A referral to your referral officer will be required in such an instance. If the application is able to proceed after the referral, a separate LRS title note should be added explaining the situation & the decision).

DIR Deed -

If the inventory in the application for registration form has been completed, provide the item number of the deed inducing registration.

Deed for Extent -

If the inventory in the application for registration form has been completed, provide the item number of the deed for extent (this may or may not be the same as the DIR).

2 TP Plans Remarks to Legal

Template

Parent Title No. -

Insert the parent title number of which your property forms part.

Plans references on the Parent Title which have been brought forward...

List any plans references (for example, tints, edges etc) that have been brought forward from the parent title onto the new cadastral unit/title. Also enter in here if the reference has been brought forward but changed to a different colour reference.

For example, "the area tinted pink in the parent title has been brought forward as a blue hatch."

A Supplementary Plan has been used Yes/NO

Use this field to advise legal how many scanned supp plans, how many pieces of supplementary data, and how many groupings showing additional cadastral map views have been used with the title, and supply details of these with the relevant prefix numbers.

If new supplementary data or additional cadastral map views are being created, advise legal of this and provide the numbers. For example:

"YES - Supplementary data 1 & 2."
"YES - Additional cadastral map views 1 & 2."

If assigning existing supplementary data from another registered title, be sure to re-number in the correct order to be used along with your current title.

For example, an SPL previously created in the DMS as REN756-4 is being used with the current application REN12345 where the references from the SPL will be placed in a grouping - it is the numbering associated with the current application that should be provided in the LRS title note as this is the information that the legal settler will require when compiling the title sheet. Therefore, add a note "YES - SPL REN756-4 has been brought forward as additional cadastral map view 1 in the sitt."
For example, a grouping created in the Plan Creator showing an additional map view or layer in another title is being brought forward to the current application. It is the numbering of the grouping in the current application that should be provided in the LRS title note as this is the information that the legal settler will require when compiling the title sheet. Therefore, add a note such as "YES - Additional cadastral map view 1 from ELN12569 has been brought forward as additional cadastral map view 1 in the sitt."
For example, a scanned supplementary plan assigned to the parent title is being brought forward to all TPs in the development. A separate free text note will be added with the full details, however you should use this box to alert the legal settler that scanned plans are associated with your title. Therefore, add a note such as "YES - scanned supplementary plan 1 from MID56230 has been assigned to this title."

The servitude area coloured...on the Parent Title Plan.

Amend the text of this note to reflect the plans reference provided for the servitude on the parent title plan from the DIR plan/extent deed or the reference used if the servitude has already been shown on the parent title.

The servitude area coloured....is registered under Title Number(s)...

Insert in the text boxes the cadastral unit number and relevant plans reference(s) if a servitude which is shown on the DIR plan/extent deed is already showing on the cadastral map for a registered title.

The property affected by the servitude in the DIR...

Insert in the text boxes the cadastral unit number of any registered title that is affected by the servitude shown in the DIR plan/extent deed only if the servitude has not been shown on the cadastral map for that registered title.

Existing registrations affecting the new Title...

Insert the title sheet number of any existing registered title for the leasehold interest in the property being registered.

Plan to Deed...is co-extensive with the transfer deed plan.

List the inventory number (if provided by the applicant), otherwise give a brief description of the deed, of any deed(s) where the extent shown on the plans annexed to them are co-extensive with the DIR plan.

3 Prescriptive Title

Template

This template is no longer to be used.

4 Deed Plan Refs

Template

This template is to be used for informing the legal settler which plans references have been added to the cadastral map from the DIR, deed(s) for extent, or other deeds containing specific rights, servitudes and burdens.

This template should also be used to provide details of any plans references that are mapped in additional cadastral map layers/views and also those in a tenement property that are mapped in a grouping showing supplementary data . Amend the heading of the column from "Cadastral Unit" to "additional cadastral map view" or "supplementary data", as appropriate.

The following plans references have been supplied from deed .....
If the inventory in the application for registration form has been completed, provide the item number of the deed; otherwise provide a brief description of the deed (for example, Disposition in favour of J Mearns, recorded 4th October 1970).
Deed plan ---- Cadastral unit
Use these fields to enter the plans reference for the affected part of the property on the deed plan and the plans reference now used to represent that same part on the cadastral map
(for example, shaded green ----- tinted yellow)

5 Parent Title Green Out Notes

Template

To be used when the positive mapping style of removals is not appropriate.

Please add the general Green-out entry to the...

This note is used for the first removal from a parent title.

Insert the parent title number that your property forms part of, the green out number that has been used for the first removal and the address/description of your subjects.
Amend the words "Title Plan" to "cadastral map".

The subjects in this Title, edged and numbered...

This note is used for subsequent removals from the parent title.

Insert the green out number that has been used for the removal and the address/description of the subjects.

6 Parent Schedule Notes

Template

Leases

On the first transfer of a lease from a parent title, this note is used to ask the legal settler that a schedule of leases is required. The words "Please add to the Schedule" should be changed to "Please prepare a Schedule".
For subsequent leases, the note remains as "please add to ...".
Add the word leases in the first text box, the parent title number in the second, and the colour reference used on the parent title for the edge/number. With a lease, this will normally be edged & numbered in yellow.

Removals - (i) Transitional Provisions and (ii) pertinents of the primary TP plot

Under the 1979 Act, schedules of removals were added to parent titles to describe any pro indiviso shares or rights in common that had been removed from that parent title.
Under the 2012 Act, such shared areas should be set up as shared plot title sheets, however, there are certain exceptions from the requirement to set up a shared plot cadastral unit.
The transitional provisions in the 2012 Act permit the Keeper to complete registration of an existing development in a consistent style. In other words, if previous transfers from a parent title were registered under the 1979 Act and a schedule of removals was created, then the remaining transfers from that parent title that come in after the designated day can also use the schedule of removals. The exception to this is transfers of flats or units from tenement properties. See separate instructions, below.
If the common area can be treated as a pertinent of the primary TP plot, then the provision in section 3(7) of the Act relating to pertinents will be applied and the share in the common area will be mapped in the cadastral unit and included in the title sheet for the primary plot; a schedule of removals would be added to the parent title in relation to the common area.

If either of the above exceptions apply then it is not appropriate to create a shared plot title sheet for that common area.

Add the word removals in the first text box, the parent title number in the second, and the colour reference used on the parent title for the edge and/or number. With a removal, this will normally be numbered in green.
In the table, insert the number that has been used in the first column, and a brief description of the removal in the second column.

Removals - Tenements

Under the 2012 Act, the first registration of a transfer of a flat from a tenement will trigger the removal of all remaining rights in the tenement from the parent title and the creation of a separate tenement steading title sheet & cadastral unit. This will happen if there are prior 1979 Act registrations of flats from that tenement or not. The tenement steading title sheet will become the parent title for all flats yet to be transferred by the developer.
A schedule of removals is required in the title sheet for the tenement steading to describe which flats have been transferred out and no longer remain in the developer's ownership. This schedule, when first created, will list details of all flats that have been already been transferred out. Subsequent transfers of further flats or units should then be added to the schedule.

On the creation of the tenement steading cadastral unit & title sheet, the word "add" should be changed to "prepare".
For subsequent transfers, the note remains "please add to...".
Add the word "removals" in the first text box & the parent title number in the second. Delete the text & box "edged/No'd in ...." as there will not be separate plans references for the removals of flats & their pertinents.
In the table, insert a brief description of the flat in the first column (for example, Flat 3, w'most 3rd floor), and the title sheet number of the flat in the second column (for example, WGN8435).

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