LRS Title Notes - Free Text

• Best practice is to add a separate title note to the LRS giving details of any plans reference provided on the cadastral map for a RA.
• This note should also be used to provide details of plans references used to show the parts of the property that form part of different RAs.

• Examples -
• The SITT fall wholly within the yellow tint in RA 1234/FFE.
• That part of the SITT affected by the area tinted blue in RA 1234/FFE has been tinted blue on the cadastral map as per the RA instructions.
• That part of the SITT forming part of RA 1234/FFE has been tinted blue on the cadastral map, and that part of the SITT forming part of RA 4321/FFE has been tinted yellow on the cadastral map.

• Best practice is to add a separate title note to the LRS giving details of any plans reference provided on the cadastral map for a TPO.

• Example - That part of the SITT affected by TPO FFE000124/06/1975GRS has been tinted yellow on the cadastral map.

• This note should be used to inform the legal settler of any shared plot title sheets linked to the main, sharing plot title sheet.
• The note should include the title number of the shared plot title sheet, the deed that defined the shared plot, the share, and details of the plans reference used.

• Example - 
  Shared plots
  MID145876 - Deed 1 - drying green coloured yellow has been edged red, 1/6 share
  MID145877 - Deed 2 - footpath coloured blue has been edged red, 1/4 share.

• This note should be used to inform the legal settler of the sharing plot title sheet linked to a shared plot title sheet.
• The note should include the title number of the sharing plot title sheet, and the share.
• once more than one share is registered the note will take the form of a list.

• Example - 
  Sharing plot
  MID145865 - includes a 1/6 share in this shared plot.

• This note should be used to inform the legal settler that the cadastral unit associated with this title sheet has been set up as the tenement steading cadastral unit for the tenement.
• This note will also be useful for plans and legal settlers dealing with applications to register future applications within the tenement as they will need to refer to the tenement steading cadastral unit in their title sheets.

• Example -
  New tenement steading cadastral unit
  This Cadastral Unit number ANG74139 is the tenement steading cadastral unit for this tenement. All future registrations of flats in this tenement must refer to this cadastral unit number.

• This note should be used to inform the legal settler that the cadastral unit to be associated with this title sheet is the existing tenement steading cadastral unit for the tenement.
• This note will also be useful for plans and legal settlers dealing with applications to register future applications within the tenement as they will need to refer to the existing tenement steading cadastral unit in their title sheets.

• Example -
  Existing tenement steading cadastral unit
  Cadastral Unit number ANG74139 is the tenement steading cadastral unit for this tenement. The current application for registration forms part of that tenement steading cadastral unit.

• There are various instances when the plans settler will need to inform the legal settler of additional information relating to the tenement steading or the individual flat.

• Examples -
• Supplementary data 1 has been created to show the extent of the flat, exclusive garden ground, etc. See deed plan reference note(s) for details of references.

• This note should be used to inform the legal settler if a plans reference has not been provided for a particular reference in a deed, or if a right in common to a common area is being omitted.

• Examples -
• Deed 2, no plans reference provided for the clothes poles referred to in that deed. Please incorporate into the archive record.
• The right in common to the common amenity ground in deed 2 has been omitted from the cadastral unit as it cannot be mapped. Please add the appropriate note(s) to the title sheet. Please also send a letter to the submitting agent advising them that the said right in common has been omitted from their title.
• The servitude xxx described in Deed x cannot be shown on the cadastral map from the information provided. Please add the appropriate explanatory note to the title sheet.

If the reference being omitted is a clothes pole, see Further Guidance page Clothes Poles for examples of the style of note to be added.

• There are various instances when the plans settler will need to inform the legal settler of additional information relating to the TP or the parent title.

• Examples -
• If a positive mapping style has been used to remove the TP, a title note should be added letting the legal settler know if the hectarage given in the title sheet for the parent title needs to be amended.
• If a positive mapping style has been used to remove the TP, and the whole of a plans reference formerly shown on the parent title has been removed within the extent of the TP, a title note should be added letting the legal settler know that the reference no longer affects the parent title. For example, 'The whole of the area tinted yellow on the parent title cadastral unit has been removed as part of the TP - the yellow tint no longer affects the parent title.'

• There are various instances when the plans settler will need to inform the legal settler of additional information relating to a lease or sub-lease application or the landlord's title.

Lease & sub-lease title sheets

• A title note must be added stating that the subjects are a lease of whole or a lease of part of the subjects in the cadastral unit for the plot of land (landlord's title) - for example:
  • "The subjects in this title are a lease/sub-lease of whole of cadastral unit FFExxxx", or
  • "The subjects in this title are a lease/sub-lease of part of cadastral unit FFExxxx".

• If the deed plan(s) annexed to the lease/sub-lease show plans references other than the extent of the lease, an additional title note must be added advising that legal settler that no plans references have been provided for those features. A request should be made to have the lease incorporated by reference to the deed in the archive record. For example:
  • "Following current policy, no plans references have been provided for the xxx on plans 2 & 3 in the Lease. Please can the Lease be incorporated by reference to the deed in the archive record?"
• If you have brought forward any green edges and numbers showing removals from the landlord's cadastral unit, add a note to the legal settler asking them to add a general removals note to the lease title sheet. For example:
  • "The areas edged and numbered in green on the cadastral map have been removed from this cadastral unit. Please add the general removals note to the lease title sheet."

• Although no other plans references are to be provided from any plans annexed to the lease if a right being granted in the lease affects a registered ownership title other than the landlord's title, a note should be added to the LRS advising the legal settler of this:

  • for example, "The rights granted in the lease affect registered titles ANGxxx & ANGyyy." There is no requirement to provide plans references or prints to accompany this note.

Landlord's ownership title sheets

• An additional title note must be added stating that either the whole or part of the landlord's subjects have been leased, and advising the colour and number reference that has been used (if any) to represent the leased subjects. For example:
  
  • 'The whole of the DMBxxx has been leased under DMByyy", or
  • " Part of DMBxxx has been leased under DMByyy - the leased subjects are edged & no'd 1 in yellow on the cadastral map',
  • or (tenement scenario) "Part of tenement steading cadastral unit DMBxxx has been leased under DMByyy - westmost ground floor unit".

• If the landlord's title sheet already includes a schedule of leases, a title note should be added to the LRS asking the legal settler to add the new lease to that schedule.
• If the landlord's title sheet does not already include a schedule of leases, a title note should be added to the LRS asking the legal settler to add a schedule to the title sheet.

Headlease title sheets

• If the current application is a sub-lease and there is an existing title sheet for the head lease, add a title note giving the details of this. For example:
  • "The subjects in this title are a sub-lease of whole/of part from lease title sheet FFEyyyy" - the sub-leased subjects are edged and numbered 2 in yellow on supplementary data 1 to the title sheet for FFEyyyy".

• If the current application is a sub-lease and there is an existing title sheet for the head lease, a title note should be added to the LRS asking the legal settler to either add the sub-lease to the existing schedule of sub-leases or asking for a schedule of sub-leases to be added.

The following two notes should be added if an existing scanned supplementary plan is being assigned from another title.

• Note 1. 

  Legal please note that this title has a scanned image copied from CCCNNNNN. When the scanned images are duplicated/assigned from a registered Title on the Plan Creator the header stamps and image numbers cannot be edited so the note in the burdens section will make reference to the original title number shown on the copied scanned image. 

• Note 2.

  Legal, scanned image number x  from Title CCCNNNNN has been assigned to the cadastral unit. Where the burdens section refers to the scanned image please edit in “supplementary data headed CCCNNNNN and stamped supplementary plan x to the title plan”

If references on a scanned supplementary plan can be plotted onto the cadastral map, then a note advising what the respective references narrated in the title sheet are now plotted as. For example.

• The scanned supplementary plan to the title plan (CCCNNNNN) has been deleted with references plotted onto additional cadastral map view x .     

Supplementary Plan Reference -  Additional Cadastral Map View

                Coloured red      -  Tinted pink

First conversion of a parent title with scanned plans - when an existing parent title is being converted from DMS to Plan Creator to allow the registration of future TPs on the Plan Creator, a note will be required if the parent title includes scanned plans.

• The plan referred to in Burdens Entry ? should now be updated to read as being shown on the “supplementary data headed CCCNNNNNN and stamped supplementary plan ? to the title plan” rather than the “Supplementary Plan to the Title Plan”. And subsequently, “the said supplementary data”  thereafter.

• This note should be used to inform the legal settler if a plans reference has been provided on the cadastral map for the extent of the property affected by a standard security or deed of restriction (for example. That part of the SITT affected by the standard security in application 14CTH00367 has been tinted blue on the cadastral map).

Mapping using coordinates

• This note should be used to inform the legal settler that the cadastral unit associated with this title sheet has been mapped using OSGB36 coordinates.

• Example
  
  • Cadastral unit SEAxxx has been mapped using the coordinate information in [deed x / schedule y to deed x].
    
    

Mapping using coordinates & MLWS

• If the plot is bounded by the MLWS, a note should be added to inform the legal settler that the cadastral unit associated with this title sheet has been mapped using a combination of the OSGB36 coordinates and the MLWS.

• Example
  
  • Cadastral unit SEAxxx has been mapped using a combination of the coordinate information in [deed x / schedule y to deed x] and the MLWS [between points A & B in blue on the cadastral map]. [Coordinate data/No coordinate data] has been provided for the boundary following the MLWS.

Mapping a circular plot

• If the circular plot is described by a central coordinate with a diameter or radius measurement, a note should be added to inform the legal settler that the plot or plots on the cadastral map have been mapped from this information:
  
  "Cadastral unit SEAxxx has been mapped using the OSGB36 coordinates and radius/diameter information in [deed x / schedule y to deed x].";
  or
  "Those parts of cadastral unit SEAxxx tinted blue have been mapped using the OSGB36 coordinates and radius/diameter information in [deed x / schedule y to deed x]."
  

If digital data has been used as part of the registration of the subjects, a title note should be added to the LRS to let any future viewer know this.

• Example – The extent of the subjects is co-extensive with the digital data submitted on ‘Date’
• Example – The extent of the subjects was derived from the digital data submitted on ‘Date’, however the digital data does not represent the extent of the registered subjects.

• When making amendments to the mapping of a cadastral unit in subsequent applications (for example, FAs, TAs, RRs, or DWs), it is helpful to give brief details of the amendment made in that application. Such notes should be added as an LRS title note.

• For example:
• RR app 17MID00100, north boundary corrected, 9/3/17
• FA app 16GLA11950, subjects tinted pink added to title, 6/6/16
• DW app 17ARG23456, yellow edge 1 deleted, lease renounced, 14/4/17

• If a referral is needed to a plans or legal referral officer during the plans settle process (for example, to come to a decision on the extent of the property being registered, or about the action to take when a servitude has not been reflected on an earlier title), a title note should be added to the LRS letting the legal settler & any future viewer know the decision.
• In most instances, the referral & response should be added to the archive record by adding the document to the application on the CMS.
• If the extent of a VR application is restricted to omit an area of overlap, the plans officer should add a Title Note to the LRS giving brief details of this.

• Example - Subjects in VR mapped to exclude small area of overlap with registered title MOR456789, as agreed with Plans RO1 xxx.
• Example - See referral on CMS re. mapping decision on east boundary. Extent agreed with Plans RO1 xxx. 

• Some deeds refer to the plot numbers or letters that were used for properties before postal addresses were allocated. When plot numbers are used in rights or burdens, it is very useful for the legal settler to know what the postal addresses are now so this can be edited into the title sheet.
• Where it is possible to establish what the postal addresses are, the plans settler is to add a title note on the LRS to give that information to the legal settler.

• Example - A deed contains the following right "...a right in common with plots 6, 8 & 9 to the bin store coloured blue...". If it is clear from checking the deed plan and OS map what the postal addresses of those plots are, a title note should be added by the plans settler  - "The former Plots 6, 8 & 9 referred to in Deed x are now known as 5, 9 & 11 Jones Crescent."
• Example - A deed contains the following burden "...a 1/3 share of the maintenance costs of the access drive along with the owners of Plots B & C..". If it is clear from checking the deed plan and OS map what the postal addresses of those plots are, a title note should be added by the plans settler  - "The former Plots B & C referred to in Deed x are now known as 2 and 3 Smith Lane."

• There will be other instances where it would be helpful for the plans settler to add a title note on the LRS to give information to the legal settler, for example, if a plans reference has been provided for a caveat or for a limitation of warranty, if the deeds refer to clothes poles for which no reference is being provided, or if the legal settler does not need a reference for a particular reason.

• Example - As requested by legal, the area subject to the limitation of warranty has been tinted blue on the cadastral map.
• Example - As requested by legal, the plans reference to the footpath in Deed 3 has been removed from the cadastral map.
• Example - As requested by legal, the plans reference for the servitude right of access coloured yellow in Deed 6 has been removed from the cadastral map as the deed has not been dual recorded in the Sasine Register.

See Further Guidance page Clothes Poles for examples of the style of note to be added.

See Further Guidance page Railway Boundaries for examples of the style of note to be added.

There are various instances when the plans settler will need to inform the legal settler of additional information relating to the KIR (Public) application(s).

Tenements

If a schedule of exceptions is required:

• Example - Please edit in a Schedule of Exceptions for the flatted properties registered under:

LAN165786, LAN104889

If additional cadastral units have been created:

• Example - An additional cadastral unit LAN229039 (18LAN00459) has been created for the tenement / block 5 High Street as flat 2/1 has been registered under the 2012 Act under title number LAN223328. A TU (18LAN00577) has been created to update the tenement cadastral unit number in that flat title to LAN229039.
• Example - An additional cadastral unit LAN123789 (18LAN00144) has been created for the tenement / block 25 High Street as flat 3/1 has been sold but title to it remains in sasines on SS987655.

If flat addresses cannot be matched to UPRN addresses add an explanatory title note:

• Example - All addresses in the block xxxx have been added to the property section in this case because the property section descriptions of all of the exceptions do not contain addresses which can be linked to UPRN addresses.

Common Areas

The note regarding shares in ownership retained by the council should be along the following lines:

The areas tinted xxx on the cadastral map are areas where the council have disponed a 1/2 pro indiviso share which they retain an interest in. The following titles have the shares disponed in their favour:

CLKxxx…..

Or:

The areas tinted xxx on the cadastral map are areas where the council own a 1/4 pro indiviso share. The following titles have the shares disponed in their favour:

Block 1-4 Main Street - 1/4 shares in CLK123, CLK234, CLK345

Block 5-8 Main Street - 1/4 shares in CLK987, CLK876, CLK765

Or:

The paths and pends tinted xxx on the cadastral map are areas where the council have disponed a right in common which they retain an interest in. The following titles have rights in common disponed in their favour:

CLKxxx…..