Check for Common Areas & Shared Plots - TP Plans - Tenement First Removal

Process Steps

Check for common areas and shared plots

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

8.1.1 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.

8.1.2 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 identifying PRs with extents that may be used to help the mapping process.

8.2 If there are no common areas being registered, proceed straight to the next part of the process - Map the title - TP Plans - Tenement First Removal.

Common areas within the tenement steading

• If there are common areas being registered that fall within the tenement steading, section 16 of the 2012 Act provides that these may be acceptable for registration if they are shown on a deed plan, described with a full bounding description, or described verbally.

8.3 If there are no common areas being registered that fall within the tenement steading, proceed to step 8.6.

• If the tenement steading has been set up at step 4 to include the extent of external common areas being registered under the transitional provisions, the rights to these common areas now fall within the tenement steading cadastral unit.

8.4 Common areas within the tenement steading that are shown on a deed plan or described with a full bounding description will be mapped if the deed plan or bounding description contained in the application is acceptable.

• The plans references for common areas within the tenement steading will not be shown on the cadastral map. Instead they will be shown on a plan containing supplementary data to the title sheet for the flat or unit, and this will be created as an SPL Index Entry on the DMS.

8.4.1 If the deed plan or bounding description is unacceptable, consider the application for rejection.

8.4.2 Check if the 25 metre rule applies to any of the common areas.

• • If the rule does not apply, proceed to step 8.4.3.
  • If the rule does apply, read and follow the guidance in the Further Guidance - 25 metre rule in tenements.

8.4.3 Check any PRs you have already identified at step 7.11, and take a note of any that contain plotting that may be used to help the mapping process.

8.4.4 /wiki/spaces/2ARM/pages/63832184 on the DMS.

• •  Name it the same as the title number for the flat title sheet with the suffix -1 (for example, MID152099-1 or ARG5623-1).
  •  If more than one plan is required to show all the supplementary data, then the second plan should have the suffix -2, and so on.

8.5 Common areas within the tenement steading that are described verbally can be included verbally if the verbal description is acceptable.

8.5.1 If the verbal descriptions of the common areas are unacceptable:

• • if the description is in the DIR, consider the application for rejection;
    
  • if the description is in a previously recorded deed, it will be treated as pro non scripto (in other words, it will be omitted from the title sheet). Take a note of this as you will need to advise the legal settler of this decision in the notes on the LRS.

8.5.2 If the verbal descriptions of the common areas are acceptable, take a note of this as you will need to advise the legal settler of this in the notes on the LRS.

Common areas and shared plots outwith the tenement steading

• If there are common areas being registered that fall outwith the tenement steading, these are not covered by the provisions of section 16 of the 2012 Act. Therefore, they must be defined on an acceptable deed plan or in an acceptable full bounding description before they can be included in the title sheet.
• As section 16 does not apply, the external common areas can be set up as shared plot title sheets under section 17 of the 2012 Act.

8.6 If all the external common areas are covered by the transitional provisions, and have been set up at step 4 to be included within the extent of the tenement steading cadastral unit, proceed straight to the next part of the process - Map the Title - TP Plans - Tenement First Removal - Common Areas, Transitional Provisions.

8.7 If there are no common areas being registered that fall outwith the tenement steading, proceed straight to the next part of the process - Map the Title - TP Plans - Tenement First Removal

8.8 If there are common areas being registered that fall outwith the tenement steading, check if the deed plan or bounding description is acceptable.

8.8.1 If the deed plan or bounding description is unacceptable, consider the application for rejection.

8.8.2 If the deed plan or bounding description is acceptable, proceed to step 8.9.

8.9 Does the deed for extent fully define all common areas that lie outside the tenement steading?

• This check is particularly aimed at common areas in a development of more than one block of flats, or a development with a mix of blocks of flats and houses, all of which share common amenity ground, etc.
• This check is not required for common areas that fall within the tenement steading.

8.9.1 If the deed for extent fully defines all the areas of common ownership that lie outside the tenement steading, proceed to step 8.10.

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

8.9.3 If the result of the flow chart is that the application should be rejected, consider the application for rejection.

8.9.4 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 8.9.5.

8.9.5 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 8.10.

8.10 Use the TP tenement shared plot flow chart & the Further Guidance on Mapping common areas & shared plots to confirm what additional applications (TS or AS) are required for mapping the external shared plots.

8.11 For most TPs of flats, the parent title for the external common area will be the original development parent title rather than the new tenement steading parent title from which the flat is now being removed. Occasionally, however, the parent title for the external common area will be a third, neighbouring parent title.

8.11.1 If the external common area is being registered as a new external shared plot, the relevant parent title number should be input into the parent title field when the TS application is created.

8.12 After having had any required additional applications created, proceed to the next part of the 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 - Tenement First Removal - sharing plots.
• If the external common areas are covered by the transitional provisions, and have been set up at step 4 to be included within the extent of the tenement steading cadastral unit - Map the Title - TP Plans - Tenement First Removal - common areas, transitional provisions.