Removal Styles on Parent Titles

• Positive mapping removal style

  When the positive style of removal is used, the extent of the parent title cadastral unit is reduced to exclude the extent of the new TP cadastral unit.

  • The main benefit of this style is that the resulting cadastral map is less cluttered and easier to interpret when viewing it.
  • The hectarage of the parent title should be re-calculated once the extent has been reduced, and if necessary, should be changed in the title sheet for the parent title. A measurement will be included if it measures 0.5 hectares or greater than 0.5 hectares, but it should be removed from the title sheet if it falls below 0.5 hectares.
  • The address of the parent title in the property section of the title sheet should be updated (if appropriate) to omit the subjects removed in the TP application.
  • Where the TP abuts the edge of a parent title, the edge should be remapped to exclude the TP plot.
  • If the TP lies wholly within the extent of the parent title and does not abut an edge, the Cookie Cutter tool in the Plan Creator can be used to exclude the TP area from the parent title.

Example

 Positive mapping removal example

Extent of existing parent title cadastral unit: 1.45 hectares	Extent of subjects in TP application: The positive mapping removal style is particularly appropriate in this example as the TP subjects abut the edge of the parent title.	Extent of new TP cadastral unit: 0.83 hectares	Updated extent of the parent title cadastral unit: 0.62 hectares - this will need to be updated in the title sheet for the parent title. If appropriate, the address of the parent title in the title sheet should be updated to omit the subjects removed in the TP

• Green-out removal style

  When the green-out style of removal is used, the extent of the parent title cadastral unit is left unchanged but a plans reference is added to show the extent of the new TP cadastral unit that no longer forms part of the parent title.

  • This is the style that was traditionally used in the DMS as it was not possible to cut holes in parent titles (a process that is now possible in the Plan Creator).
  • The next sequential number to be used for removals will be noted in the plans casenotes for the parent title and must be updated after every transfer.
  • The hectarage of the parent title will remain unchanged as the extent shown on the cadastral map is not changing.
  • The address of the parent title will generally remain unchanged as the extent shown on the cadastral map is not changing. In scenarios where only a single property remains within the parent title, and that property has a unique postal address, this address should be incorporated into the property description of the parent title so that the property can be found when address searches are carried out. If an applicant subsequently requests an update to a property description of a parent title to positively reflect the remaining property/properties, this should be considered on a case by case basis. Advice can be sought from your referral officer if you are in doubt about the suitability of the requested change.
  • The extent of the TP cadastral unit is edged in green on the parent title cadastral unit, and each removal shown this way is numbered sequentially in green. For example, the first TP will be edged and numbered 1 in green on the parent title cadastral unit, the second TP to be removed will be edged and numbered 2 in green on the parent title cadastral unit, and so on.

Example

 Green-out removal example

Extent of existing parent title cadastral unit.	Extent of subjects in TP application.	Extent of new TP cadastral unit.	Updated parent title cadastral unit showing the reference for the TP cadastral unit that has been removed: Extent of removed area has been edged and numbered 1 in green. Plans casenotes will be updated to reflect this. A note will be added to the property section of the title sheet for the parent title stating that 'the areas edged and numbered in green on the cadastral map have been removed from this title'. No need to update the hectarage of the parent title. No need to update the address of the parent title.

Removing a flat from a tenement steading cadastral unit

If a flat is being removed in a TP from a tenement steading parent title, there is no requirement to show a plans reference on the parent title cadastral unit for the flat or for any pertinent of that flat. This is because the flat and its pertinents still form part of the tenement steading cadastral unit for that block; they are, in fact, being removed from the tenement steading parent title sheet and being established as a title sheet for the flat in its own right. Each of these title sheets will refer to their subjects as forming part of the tenement steading cadastral unit. The legal settler will include a verbal description of each removed flat and its pertinents in a Schedule of Removals in the tenement steading parent title sheet.

Plans settlers, whilst not showing plans references for the flat removals, will add to a list of removed flats in the plans casenotes for the parent title cadastral unit - this is done for ease of reference when viewing the tenement on the cadastral map and allows a quick identification of which individual flats have been sold off and registered.

Removals and common areas

1. No prior 1979 Act TPs registered that include a share in the common area

If a right in common or pro-indiviso share to an area of the parent title is being removed in a TP, and there are no prior 1979 Act TP registrations that include a share in that common area, the whole of the right in the common area will be removed from the parent title, and a new shared plot title sheet will be set up for the common area. The TP will be listed as a sharing plot in the proprietorship section of the shared plot title sheet, as will the parent title which will be listed as the sharing plot for the remaining shares in the common area. The size of the share owned by the owner of the parent title will reduce with every transfer of a further share in the area that is received as part of a TP application.

Shared plots should be distinguished from pertinents of the property, such as common paths, mutual driveways, shared gardens and back courtyards or communal bin stores. The decision as to whether or not something is a pertinent will depend on the circumstances of each case.  By way of general guidance however if an area of ground is intrinsic to the use and enjoyment of the primary plot, such as a shared path or common driveway, or in some way performs a function that enhances the use of the same, such as a bin or cycle store, then the same is likely to be considered a pertinent of such property. These examples are not exclusive and if in doubt registration officers should seek further guidance from their referral point.

For the avoidance of doubt where for example a Deed of Conditions defines the common amenity area of the development in which all the properties have a pro indiviso share as including smaller areas, such as bin stores or parking spaces which would otherwise be considered pertinents of the individual primary plots, then no attempt should be made to subdivide the common amenity area when creating the shared plot title sheet pertaining thereto.

It is possible to use either the positive mapping removal style or the green-out removal style when removing a shared plot from a parent title, and the guidelines given above should be considered when making the decision of the style to follow.

2. Either prior 1979 Act TPs registered that include a share in the common area or the common area can be treated as a pertinent of the primary TP plot being registered 

If a right in common or pro-indiviso share to an area of the parent title is being removed in a TP, and there are either (I) prior 1979 Act TP registrations that include a share in that common area or (II) the common area can be treated as a pertinent of the primary TP plot, then it is not appropriate to create a shared plot title sheet for that common area. Instead either (I) the Transitional Provisions in schedule 4, paragraph 9 of the 2012 Act or (II) the provision in section 3(7) of the Act relating to pertinents will be applied respectively, and the respective shares in the common area will be mapped in the cadastral unit and included in the title sheet for each TP.

A variation on the green-out removal style should be used when removing a share in a common area either under the transitional provisions or under section 3(7) of the 2012 Act. Where under the transitional provisions the style of removal has already been set up in the parent title then this style should be continued for the removal of the right to the common area.

• The extent of the common area will be plotted with a /wiki/spaces/2ARM/pages/65143593 on the cadastral map if it is not fully defined by features on the Ordnance Survey map.
• The common area will be numbered in green, using the next sequential number as noted in the plans casenotes for the parent title.
• Details of the share removed will be added to the plans casenotes for the parent title.
• The legal settler will be requested to add to a schedule of removals in the property section of the title sheet for the parent title. This schedule lists the number reference shown on the cadastral map with details of the share that has been removed.
• Once all shares in the common area are removed from the parent title, the area will be edged and numbered in green (or positively removed from the parent title), and the entries in the schedule of Removals will be deleted from the title sheet.

Example

 Green-out removal with common areas example

Extent of existing parent title cadastral unit: There are 2 1979 Act TPs already registered and removed from the parent title - areas edged & numbered 1 & 2 in green. The previous TPs for The Old Barn and 2 Cannee Court both include a 1/6th pro indiviso share in the area numbered 3 in green on the parent title. The title sheet for the parent title includes a schedule of removals with entries for the area edged green and details of the shares that have been removed.	Extent of subjects in TP application: The TP application transfers the area hatched blue (1 Cannee Court), a 1/6th pro indiviso share in the area hatched brown, and a 1/2 pro indiviso share in the store hatched green. As there are previous 1979 Act registrations that include shares in one of the common areas, it is not appropriate to create a shared plot for the areas hatched brown and green. The green-out removal style has already been set up for this parent title and it is appropriate to continue with that style in this example.	Extent of new TP cadastral unit: The TP cadastral unit will be mapped using the tinting method. The TP title sheet will include the area tinted pink on the cadastral map, together with the respective shares in the areas tinted blue and brown on the cadastral map.	Updated parent title cadastral unit showing the references for the TP cadastral unit that has been removed: Extent of exclusive removed area has been edged and numbered 4 in green. An additional 1/6th pro-indiviso share has been removed from the area numbered 3. A 1/2 pro indiviso share has been removed from the area numbered 5. Plans casenotes will be updated to reflect this. There will already be a note in the property section of the title sheet for the parent title stating that 'the areas edged and numbered in green on the cadastral map have been removed from this title'. The existing schedule of removals will be updated to include details of the shares that have been removed from areas numbered 3 and 5. No need to update the hectarage of the parent title. No need to update the address of the parent title.