Tenement Steading Extent - Guidance for Referral Officers

This page contains guidance and scenarios designed to help plans RO1s and referral officers to make decisions on the extent of a tenement steading cadastral unit in complex situations. For more general guidance for all plans staff, please see Further Guidance page - Identifying the tenement steading extent

General

Under the 2012 Act there can be no registration without mapping, and in order to complete registration, the Keeper must create a cadastral unit for the plot of land being registered. Section 16 of the 2012 Act provides an exception to this rule, but only in so far as the extent of the individual flats and units within a tenement building, flatted building or other sub-divided building (for the remainder of this section of the manual, the term "tenement" should be read to include tenement building, flatted building or other sub-divided building).

Under section 16, the Keeper can represent the plot of land occupied by a tenement and all the registered flats within it as a single cadastral unit on the cadastral map - this cadastral unit will define the extent of the tenement steading within which all the registered flats, their rights and pertinents are contained. Each registered flat within the tenement will have its own, unique title sheet. The property section of each of these flat title sheets will refer to the flat forming part of the tenement steading cadastral unit. If plans references are required for the extent of the flat on a particular floor level or for a pertinent of that flat, these will be not be shown on the primary ungrouped layer of the cadastral map but instead will be shown on a separate grouping or layer and included in the title sheet as supplementary data.

A tenement steading cadastral unit will be set up by the Keeper upon receipt of the first 2012 Act application for first registration of a flat within a tenement - this applies whether there is an existing 1979 Act registration of a flat or not. Any previous 1979 Act registrations for flats within the tenement will be converted at a future date as part of a conversion process so that they also refer to the tenement steading cadastral unit. Where possible, the tenement steading cadastral unit will comprise the extent of all flats, their rights and pertinents. If this is not possible, provided certain requirements are met, a restricted extent can be set up comprising the extent of all registered flats, their rights and pertinents; if a restricted extent is used, it may be updated by the keeper to include any additional areas of ground registered as part of future applications to register other flats in the same tenement.

Useful Links

Acceptable deed plans

Bounding descriptions

Acceptable descriptions of flats

Mapping tenement properties

Further Guidance page - Identifying the tenement steading extent

Groupings

Requirements for FR and TP applications within tenements

There are two fundamental requirements that must be met before the Keeper will proceed any further with an application to register a flat or unit in a tenement steading. These are:

Tenement steading extent. if the Keeper does not already hold an acceptable extent for the tenement steading, either (1) a plan or suitable description of the extent of the full tenement steading cadastral unit, or (2) a plan or suitable description of the tenement building itself, and of all the rights and pertinents of the flat that are located outwith the building must be supplied in the application - See Further Guidance on acceptable deed plans, bounding descriptions and when a tenement steading needs to be defined in an application; and
Unique flat description. A plan or suitable description of the individual flat that allows the flat to be differentiated from all other flats in the building must be supplied with the application - see Further Guidance on acceptable descriptions of flatted property.

If either of these two requirements is not met, the application should be considered for rejection as the application does not comply with the conditions of registration.

Once it has been established that these two requirements are met, further consideration can then be given to the particulars of the application and how it should be plans settled.

Registering the final flat in a tenement or sub-divided building - no tenement steading defined yet

Example

There may occasionally be circumstances where, between the information already held by the Keeper on the index map and the information provided in the current application, the extent of the tenement steading is clear.

Decisions on this type of scenario should be made by a plans HEO, with the assistance of a plans senior advisor if necessary.
An example could be a 4-in-a-block where three of the four flats have already been registered using the tinting method. The current application to register the fourth and final flat completes the picture of the ownership of the ground pertaining to the block.

Registered titles	Deed plan for current application	Tenement steading cadastral unit

3 of the 4 flatted properties comprising the block have already been registered under the 1979 Act using the tinting method of mapping.	The deed plan for the current application to register the fourth and final flat in the block agrees with all the previous registrations. This deed plan completes the picture of the full extent of ground pertaining to the block.	Combining the information already held by the Keeper on the index map for the 3 registered properties with that supplied in the current application, the tenement steading cadastral unit can clearly be identified as the area edged red on the plan (above).

A second, similar example of this type of scenario could be a split villa comprising three flatted properties, all with exclusive garden ground and rights to common areas. Two of the flats are already registered in the land register, having been registered under the 1979 Act and having been mapped using tinting method (in other words, not mapped "within the land edged red"). The third and final flat is submitted for registration and the applicant does not supply a plan or description defining the extent of the tenement steading. Taking the plotted areas already shown on the index map and the areas in the extent deed for the third (and final) application, the "jigsaw" is completed and it may be possible to create a tenement steading cadastral unit that follows the external boundaries of the three combined flatted properties.
This approach can only be used when the current application is for the final flat in a tenement or block - if there is more than one flat still to be registered, the Keeper does not definitively know from the index map and the information in the current application what the full extent of all the flatted properties will be. See the section, below, on when it is appropriate to derive a restricted extent for a tenement steading cadastral unit.

unsuitable example

Unsuitable example

In this example, only one 1 of the 4 properties comprising this block has been registered under the 1979 Act using the tinting method of mapping. The first 2012 Act application will be only the second flat to be registered so will not complete the picture of the full extent of ground pertaining to the block. To establish the full extent, registration staff would have to investigate the titles to the other 2 unregistered flats in the block - this is not appropriate and should not be done.

Deriving a restricted extent for a tenement steading cadastral unit

Example

General

Whenever possible, the tenement steading cadastral unit will comprise the extent of all flats in a block, their rights and pertinents. By reflecting the full extent of the tenement steading, the requirement to do consequential updates of registered titles will be greatly reduced. If, however, this is not possible from the information available to the Keeper, consideration should be given to setting up the tenement steading cadastral unit with a restricted extent that comprises, as a minimum, the extent of the tenement building, all registered flats, their rights and pertinents.

Please note, land belonging to another party outwith the tenement over which a servitude right exists should not be included in the cadastral unit.

If a restricted extent is used, it may be updated by the Keeper to include additional areas of ground that are registered as part of future applications to register other flats in the same tenement.

An example of when it may not be possible for the applicant to identify the full extent of all rights and pertinents relating to all flats in the block could be when not all flats in the block have been sold on as individual flats yet by the original builder and there is no deed of conditions identifying all the areas concerned.
Another example may be when the flat is located within a large block that forms part of a development of multiple blocks, with exclusive parking spaces located throughout the development. Not all parking spaces are registered yet, and the deed of conditions does not identify which parking space pertains to which flat. It would be unreasonable of the Keeper to expect the applicant to investigate numerous unregistered properties to establish all the spaces that pertain to all flats in a block.
In each of these examples, a restricted extent for the tenement steading cadastral unit can be set up based on what is known to the Keeper & the applicant at the time of registration (ie, the areas defined in the current application plus any existing PRs).
The restricted extent can be updated with each subsequent registration of a flat that includes rights to additional areas of ground. An MU request should be completed and sent to Mapbase Maintenance to update the tenement steading cadastral unit extent of all 2012 Act PRs in the block - please ensure that the updated extent is available in, for example, a DCU or COF file and available for MBM to copy & paste. A title note should be added to the LRS for the live application advising of the reason for the update to the extent (for example, MU created over MIDyyyy & MIDzzzzz to update tenement steading cadastral unit extent to include additional ground identified in MIDxxx). There is no requirement to notify the owners or agents of the 2012 Act PRs in the block as no change has been made to their title sheets or the extent of their rights, etc.
Whilst the scenario should not really occur as restricted extent tenements should include as a minimum the full extent of the tenement building, if it is found that the address of the tenement steading cadastral unit also needs "expanded" when additional ground is added in, then this can be done by way of a TU application rather than an MU application. For example, a restricted tenement steading cadastral unit is set up and referred to in the title sheet(s) as 74 to 86 Royal Way; a further flat is then registered within the block and the extent has to be expanded to include the exclusive garden ground and bin store. It is noticed at this time that the new flat is 72 Royal Way therefore the 2012 Act PRs that refer to the cadastral unit will need to be updated to reflect the block description of 72 to 86 Royal Way. Appropriate notes should be added to the LRS for all affected titles for future reference.
Section C of the Tenement Scenarios page contains illustrated examples of restricted extents.

Common areas shared with other houses or flats in other blocks

Any references to areas outwith the existing or proposed restricted tenement steading extent that are owned in common with other blocks or houses must be capable of being mapped, otherwise the common areas policy will be applied to them.
For example, a restricted extent for a tenement steading cadastral unit may be derived for a tenement block in a development, with all flats in all the blocks owning a right in common to the undefined development amenity areas.
- If the development amenity areas cannot be mapped and are described in a pre-8 December 2014 deed, the right in common should be omitted from the title.
- If the development amenity areas cannot be mapped and are described in a post-8 December 2014 deed, the application should be rejected.
If such common areas are mappable, then consideration should be given to whether they should be set up as shared plots, mapped as pertinents or mapped under the transitional provisions of schedule 4 of the 2012 Act.
For example, a restricted extent for a tenement steading cadastral unit may be derived for a tenement block in a development, with all flats in all the blocks owning a right in common to the fully defined development amenity areas.
- If there are no PRs containing rights in common to the development amenity areas, then the amenity areas should be set up as a shared plot title with all flats becoming sharing plot titles.
- If there are already 1979 Act PRs containing rights in common to the development amenity areas, then the amenity areas should be mapped under the transitional provisions of schedule 4 of the 2012 Act. The tenement steading cadastral unit extent for each block should be expanded to include the full extent of the development amenity areas until such times as a conversion project is carried out to convert such titles to shared & sharing plots titles.

Verbal references to rights and pertinents outwith the restricted extent of the tenement steading cadastral unit

Any verbalised references in the application to exclusive rights and pertinents, or to common rights to areas shared only by flats within the tenement block, must be located within the existing or proposed restricted tenement steading extent. If it is apparent from the application that these verbalised rights do not fall within that restricted tenement steading extent, then the application should be rejected.
- For example, only the building and a parking space are defined, however there is a right in common to a back court owned in common with the other flats in the block. It is clear from this that the back court does not fall within the building, nor does it fall within the parking space. Therefore, the current application should be rejected as it does not contain sufficient information for the Keeper to derive an extent for the tenement steading extent cadastral unit that includes a minimum of the tenement building, the flat and all pertinents (exclusive or common) of the flat being registered.

Full or restricted extent for tenement steading cadastral unit?

Keeper already holds acceptable extent for full tenement steading?	Full extent tenement steading cadastral unit already exists?	Restricted extent tenement steading cadastral unit already exists	1979 Act PRs mapped tinting method?	Application defines full steading extent so that the extent is mappable?	Application defines tenement building and all rights & pertinents of the flat that are located outwith the building so that their extents are mappable?	Action to take
Yes	No	No	Yes or No	Yes or No	Yes or No	New tenement steading cadastral unit to be set up based on acceptable extent already held by the keeper. The flat can be registered.
No	Yes	No	Yes or No	Yes or No	Yes or No	The existing tenement steading cadastral unit should be used. The flat can be registered.
No	No	No	Yes or No	Yes	Yes or No	New tenement steading cadastral unit to be set up based on extent defined in the application. The flat can be registered.
No	No	No	No	No	Yes	New restricted extent tenement steading cadastral unit to be set up comprising the tenement building and all areas of land in which the flat being registered has an interest. The flat can be registered.
No	No	No	Yes	No	Yes	New restricted extent tenement steading cadastral unit to be set up comprising the tenement building and all areas of land in which the flat being registered has an interest, together with the areas of land in which the PRs already have a registered interest. The flat can be registered.
No	No	Yes	Yes or No	No	Yes	If all rights and pertinents in the current application are located within the restricted extent of the existing tenement steading cadastral unit, then this cadastral unit should be used. The flat can be registered. If the current application includes rights and pertinents to additional areas of ground that are located outwith the restricted extent of the existing tenement steading cadastral unit, then the cadastral unit should be updated and extended to reflect the new information now available to the Keeper. The flat can be registered. All existing 2012 Act PRs should also be updated to reflect the updated extent of the tenement steading cadastral unit.
No	No	Yes	Yes or No	Yes	Yes or No	The existing tenement steading cadastral unit should be updated and extended to reflect the new information now available to the keeper. The flat can be registered. All existing 2012 Act PRs should also be updated to reflect the updated extent of the tenement steading cadastral unit.
No	No	No	Yes or No	No	No	The Keeper cannot derive either a full or restricted extent for the tenement steading cadastral unit from the information already held by the Keeper and the information supplied in the application. The application should be rejected.

When it is appropriate to combine two (or more) existing steadings into a larger tenement steading cadastral unit

Example

There may occasionally be circumstances where it is expedient for the Keeper to combine two or more existing tenement steadings/site plan extents into one larger tenement steading cadastral unit, using the power given to the Keeper in section 13 (2) of the 2012 Act.

Decisions on this type of scenario should be made by a plans HEO, with the assistance of a plans senior advisor if necessary.
There should be some relationship between the properties in the two existing steadings/site plan extents.
This should not be done as an attempt to circumvent the need to split a development up into tenement blocks and shared common areas.

An example could be two neighbouring tenements, each entered by its own door & close, and each with 1979 Act site plan extents that adjoin. A 2012 Act application is received for the first registration of a large, top floor flat that is entered by the door & close in one building but extends across both buildings. The cadastral unit should be set up using the current application and should include the extent of both tenement buildings. Future registrations of flats in both blocks will be referred to as forming part of the cadastral unit, and a grouping containing the supplementary data to the title sheet can be used if a reference is required for the flat, or for the solum of the individual block if that is required by legal.

Registered 1979 Act titles

Deed plan for current application

Tenement steading cadastral unit

Flats in both neighbouring tenements have been registered under the 1979 Act using the site plan method of mapping.

The deed plan for the current application to register the ground floor public house premises with basement cellars underneath shows that these premises extend at ground and basement floor levels across both buildings. The ground floor pub is shown tinted pink and blue, with the basement cellars tinted blue and yellow.

In this scenario, it is expedient for the Keeper to combine the two existing tenement steadings/site plan extents into one larger tenement steading cadastral unit (edged red on the plan (above).). The extent of the pub and cellars will be shown in a grouping containing the supplementary data.

All future flats or units within these two tenement buildings will be described as forming part of this larger tenement steading cadastral unit. If a reference is required by the legal settler for the solum of an individual tenement building (in other words, for one of the original site plan extents), this plans reference can be provided in the grouping containing the supplementary data for that particular flat.

The alternatives to this would be to either (a) split the application into two title sheets, each containing the part of the property falling within each existing tenement steading; or (b) create a tenement steading cadastral unit that appears to overlap with the one next door (i.e. is the extent of one existing tenement steading plus the area of the flat that extends over the one next door) but is restricted by way of notes in the property section of the title sheet, for example, "As to the part tinted pink on the cadastral map, only the upper floor flat is included in this cadastral unit". These two alternative options should only be used with the approval of a plans senior advisor.

Differences in the extent of the tenement steading - FR applications

Scenarios

1979 Act PRs?	Does a 1979 Act PR define the extent of the tenement steading?	2012 Act PRs?	Current application	Action
No		No	Deed plan or bounding description included in the application that defines the extent of the tenement steading.	Accept the extent of the tenement steading in the current application. Set up a tenement steading cadastral unit to be used for the registration of all flats within this tenement.
Yes	Yes	No	No deed plan or bounding description included in the application that defines the extent of the tenement steading.	The Keeper already holds an acceptable extent for the tenement steading, and this can be used as the basis for creating the tenement steading cadastral unit. Accept the extent of the tenement steading in the PR(s). Set up a tenement steading cadastral unit to be used for the registration of all flats within this tenement. No action required over the 1979 Act PRs until a conversion exercise at a future date is carried out to convert all 1979 Act titles into 2012 Act-style title sheets and cadastral units.
Yes	No	No	Deed plan or bounding description included in the application that defines the extent of the tenement steading.	Accept the extent of the tenement steading in the current application. Set up a tenement steading cadastral unit to be used for the registration of all flats within this tenement. No action required over the 1979 Act PRs until a conversion exercise at a future date is carried out to convert all 1979 Act titles into 2012 Act-style title sheets and cadastral units.
Yes	Yes	No	Deed plan or bounding description included in the application that defines the extent of the tenement steading. This extent is co-extensive with the steading extent used in the 1979 Act PRs.	Accept the extent of the tenement steading in the current application. Set up a tenement steading cadastral unit to be used for the registration of all flats within this tenement. No action required over the 1979 Act PRs until a conversion exercise at a future date is carried out to convert all 1979 Act titles into 2012 Act-style title sheets and cadastral units.
Yes	No	No	No deed plan or bounding description included in the application that defines the extent of the tenement steading.	Consider if it is appropriate to set up a restricted extent for the tenement steading cadastral unit. If it is appropriate, set up a tenement steading cadastral unit to be used for the registration of all flats within this tenement. If it is not appropriate, as the extent of the tenement steading cadastral unit cannot be determined from the description or plan in the application, and the Keeper does not already hold an acceptable extent for the tenement steading, the application will be rejected as it does not comply with the conditions of registration.
Yes	Yes	No	Deed plan or bounding description included in the application that defines the extent of the tenement steading. This extent differs from the steading extent used in the 1979 Act PRs.	The Keeper already holds an acceptable extent for the tenement steading, and the applicant has not advised the Keeper that the existing tenement steading extent is incorrect. Accept the extent of the tenement steading in the PR(s). Set up a tenement steading cadastral unit to be used for the registration of all flats within this tenement. Notification letter (see text, below) should be sent to the applicant when the application is completed explaining that their definition of the tenement steading differed from that shown by the Keeper on the cadastral map. No action required over the 1979 Act PRs until a conversion exercise at a future date is carried out to convert all 1979 Act titles into 2012 Act-style title sheets and cadastral units.
No		Yes - a tenement steading cadastral unit was set up based on the extent of the steading defined in the 1st 2012 Act application.	Deed plan or bounding description included in the application that defines the extent of the tenement steading. This extent is co-extensive with the extent of the tenement steading cadastral unit already set up in the 1st 2012 Act application.	Accept the extent of the existing tenement steading cadastral unit.
Yes	Yes	Yes - a tenement steading cadastral unit was set up based on the extent of the steading defined in the 1st 2012 Act application.	Deed plan or bounding description included in the application that defines the extent of the tenement steading. This extent is co-extensive with the steading extent used in the 1979 Act PRs and is co-extensive with the extent of the tenement steading cadastral unit already set up in the 1st 2012 Act application.	Accept the extent of the existing tenement steading cadastral unit. No action required over the 1979 Act PRs until a conversion exercise at a future date is carried out to convert all 1979 Act titles into 2012 Act-style title sheets and cadastral units.
Yes	No	Yes - a tenement steading cadastral unit was set up based on the extent of the steading defined in the 1st 2012 Act application.	Deed plan or bounding description included in the application that defines the extent of the tenement steading. This extent is co-extensive with the extent of the tenement steading cadastral unit already set up in the 1st 2012 Act application.	Accept the extent of the existing tenement steading cadastral unit. No action required over the 1979 Act PRs until a conversion exercise at a future date is carried out to convert all 1979 Act titles into 2012 Act-style title sheets and cadastral units.
Yes or No		Yes - a tenement steading cadastral unit was set up based on the extent of the steading defined in the 1st 2012 Act application.	Deed plan or bounding description included in the application that defines the extent of the tenement steading. This extent differs from the extent of the tenement steading cadastral unit already set up in the 1st 2012 Act application.	Consider if the current extent for the tenement steading cadastral unit is a restricted extent, or incorrectly includes land that does not rightly form part of the tenement steading. If it is a restricted extent, and the difference in extents is due to additional areas of ground being defined that should be included in the cadastral unit, then the tenement steading cadastral unit should be updated and extended to reflect the new information available to the Keeper. The flat can be registered using the updated tenement steading cadastral unit. All existing 2012 Act PRs should also be updated to reflect the updated extent of the tenement steading cadastral unit. A P110 request should be completed and sent to Mapbase Maintenance to ask for an MU to update the tenement steading cadastral unit extent of all 2012 Act PRs in the block. A title note should be added to the LRS for the live application advising of the reason for the update to the extent (for example, MU created over MIDyyyy & MIDzzzzz to update tenement steading cadastral unit extent to include additional ground identified in MIDxxx). There is no requirement to notify the owners or agents of the 2012 Act PRs in the block as no change has been made to their title sheets or the extent of their rights, etc. No action required over any 1979 Act PRs until a conversion exercise at a future date is carried out to convert all 1979 Act titles into 2012 Act-style title sheets and cadastral units. If it is not a restricted extent, then the Keeper already holds an acceptable extent for the tenement steading cadastral unit, and the applicant has not advised the Keeper that the existing tenement steading cadastral unit extent is incorrect. Accept the extent of the existing tenement steading cadastral unit. Notification letter (see text, below) should be sent to the applicant when the application is completed explaining that their definition of the tenement steading differed from that shown by the Keeper on the cadastral map. No action required over any 1979 Act PRs until a conversion exercise at a future date is carried out to convert all 1979 Act titles into 2012 Act-style title sheets and cadastral units. If the extent is incorrect because it wrongly includes land that does not pertain to any of the properties in the tenement (for example, a plot of ground to the rear that has been previously sold off and should now form its own cadastral unit), then the tenement steading cadastral unit should be corrected to reflect the new information now available to the Keeper. All existing 2012 Act PRs should be updated to reflect the correct extent of the tenement steading cadastral unit. As the cadastral unit extent is being reduced, this should be done by way of an RR (Rectification of the Register) application. The Plans HEO should liaise with Post Registration Enquiries to have an RR app created, with the required amendments being made by the plans HEO. The owners or agents of the 2012 Act PRs in the block will need to be notified of this correction to explain that while a change has been made, there is no material change to their rights. A suggested form of wording that can be adapted to each scenario is given in the Template section, below. No action required over any 1979 Act PRs until a conversion exercise at a future date is carried out to convert all 1979 Act titles into 2012 Act-style title sheets and cadastral units. Once the RR applications have been completed and the notifications sent, the current application can be registered using the corrected tenement steading cadastral unit extent. The flat can be registered using the updated tenement steading cadastral unit.

Differences in the extent of the tenement steading - TP applications

Scenarios

1979 Act PRs?	Does a 1979 Act PR define the extent of the tenement steading?	2012 Act PRs?	Current application	Action
No		No	Deed plan or bounding description included in the application that defines the extent of the tenement steading.	Accept the extent of the tenement steading in the current application. The tenement steading will be removed from the parent title and set up as the tenement steading cadastral unit to be used for the registration of all flats within this tenement.
Yes	Yes	No	No deed plan or bounding description included in the application that defines the extent of the tenement steading.	The Keeper already holds an acceptable extent for the tenement steading, and this can be used as the basis for creating the tenement steading cadastral unit. Accept the extent of the tenement steading in the PR(s). The tenement steading will be removed from the parent title and set up as the tenement steading cadastral unit to be used for the registration of all flats within this tenement. No action required over the 1979 Act PRs until a conversion exercise at a future date is carried out to convert all 1979 Act titles into 2012 Act-style title sheets and cadastral units.
Yes	No	No	Deed plan or bounding description included in the application that defines the extent of the tenement steading.	Accept the extent of the tenement steading in the current application. The tenement steading will be removed from the parent title and set up as the tenement steading cadastral unit to be used for the registration of all flats within this tenement. No action required over the 1979 Act PRs until a conversion exercise at a future date is carried out to convert all 1979 Act titles into 2012 Act-style title sheets and cadastral units.
Yes	Yes	No	Deed plan or bounding description included in the application that defines the extent of the tenement steading. This extent is co-extensive with the steading extent used in the 1979 Act PRs.	Accept the extent of the tenement steading in the current application. The tenement steading will be removed from the parent title and set up as the tenement steading cadastral unit to be used for the registration of all flats within this tenement. No action required over the 1979 Act PRs until a conversion exercise at a future date is carried out to convert all 1979 Act titles into 2012 Act-style title sheets and cadastral units.
Yes	No	No	No deed plan or bounding description included in the application that defines the extent of the tenement steading.	Consider if it is appropriate to set up a restricted extent for the tenement steading cadastral unit. If it is appropriate, remove the restricted extent tenement steading from the parent title and set it up as the tenement steading cadastral unit to be used for the registration of all flats within this tenement. If it is not appropriate, as the extent of the tenement steading cadastral unit cannot be determined from the description or plan in the application, and the Keeper does not already hold an acceptable extent for the tenement steading, the application will be rejected as it does not comply with the conditions of registration.
Yes	Yes	No	Deed plan or bounding description included in the application that defines the extent of the tenement steading. This extent differs from the steading extent used in the 1979 Act PRs	The Keeper already holds an acceptable extent for the tenement steading, and the applicant has not advised the Keeper that the existing tenement steading extent is incorrect. Accept the extent of the tenement steading in the PR(s). The tenement steading will be removed from the parent title and set up as the tenement steading cadastral unit to be used for the registration of all flats within this tenement. Notification letter (see text, below) should be sent to the applicant when the application is completed explaining that their definition of the tenement steading differed from that shown by the Keeper on the cadastral map. No action required over the 1979 Act PRs until a conversion exercise at a future date is carried out to convert all 1979 Act titles into 2012 Act-style title sheets and cadastral units.
No		Yes - a tenement steading cadastral unit was set up based on the extent of the steading defined in the 1st 2012 Act application.	Deed plan or bounding description included in the application that defines the extent of the tenement steading. This extent is co-extensive with the extent of the tenement steading cadastral unit already set up in the 1st 2012 Act application.	Accept the extent of the existing tenement steading cadastral unit.
Yes	No	Yes - a tenement steading cadastral unit was set up based on the extent of the steading defined in the 1st 2012 Act application.	Deed plan or bounding description included in the application that defines the extent of the tenement steading. This extent is co-extensive with the extent of the tenement steading cadastral unit already set up in the 1st 2012 Act application.	Accept the extent of the existing tenement steading cadastral unit. No action required over the 1979 Act PRs until a conversion exercise at a future date is carried out to convert all 1979 Act titles into 2012 Act-style title sheets and cadastral units.
Yes	Yes	Yes - a tenement steading cadastral unit was set up based on the extent of the steading defined in the 1st 2012 Act application.	Deed plan or bounding description included in the application that defines the extent of the tenement steading. This extent is co-extensive with the steading extent used in the 1979 Act PRs and is co-extensive with the extent of the tenement steading cadastral unit already set up in the 1st 2012 Act application.	Accept the extent of the existing tenement steading cadastral unit. No action required over the 1979 Act PRs until a conversion exercise at a future date is carried out to convert all 1979 Act titles into 2012 Act-style title sheets and cadastral units.
Yes or No		Yes - a tenement steading cadastral unit was set up based on the extent of the steading defined in the 1st 2012 Act application.	Deed plan or bounding description included in the application that defines the extent of the tenement steading. This extent differs from the extent of the tenement steading cadastral unit already set up in the 1st 2012 Act application.	Consider if the current extent for the tenement steading cadastral unit is a restricted extent. If it is a restricted extent, and the difference in extents is due to additional areas of ground being defined that should be included in the cadastral unit, then the tenement steading cadastral unit should be updated and extended to reflect the new information available to the Keeper. The additional ground should be removed from the original parent title by way of a TA application and added directly to the flat TP. The extent of the tenement steading cadastral unit will be updated and extended through the flat TP application. The flat can then be registered using the updated tenement steading cadastral unit and including all its rights & pertinents. All existing 2012 Act PRs should also be updated to reflect the updated extent of the tenement steading cadastral unit. A P110 request should be completed and sent to MBM to ask for an MU to update the tenement steading cadastral unit extent of all 2012 Act PRs in the block. A title note should be added to the LRS for the live application advising of the reason for the update to the extent (for example, MU created over MIDyyyy & MIDzzzzz to update tenement steading cadastral unit extent to include additional ground identified in MIDxxx). There is no requirement to notify the owners or agents of the 2012 Act PRs in the block as no change has been made to their title sheets or the extent of their rights, etc. No action required over any 1979 Act PRs until a conversion exercise at a future date is carried out to convert all 1979 Act titles into 2012 Act-style title sheets and cadastral units. If it is not a restricted extent, then the Keeper already holds an acceptable extent for the tenement steading cadastral unit, and the applicant has not advised the Keeper that the existing tenement steading cadastral unit extent is incorrect. Accept the extent of the existing tenement steading cadastral unit. Notification letter (see text, below) should be sent to the applicant when the application is completed explaining that their definition of the tenement steading differed from that shown by the Keeper on the cadastral map. No action required over any 1979 Act PRs until a conversion exercise at a future date is carried out to convert all 1979 Act titles into 2012 Act-style title sheets and cadastral units.

Notification letters

Text to be used in notification letter - differing extents

With reference to your application received on [date] in respect of flat [address], I confirm that the Keeper has used her discretion under section 16(1) of the Land Registration etc. (Scotland) Act 2012 to represent the flatted building and the registered flats in it as a single cadastral unit. The tenement steading has already been delineated on the cadastral map as a number of flats in the building are registered. You will note that the delineation of the tenement steading differs from the plan submitted as part of your application. The Keeper considers that to be an accurate delineation of the extent, based on the titles. However, if you consider the Keeper’s delineation to be inaccurate, you may supply further information and evidence to demonstrate that and allow the Keeper to consider whether or not rectification is required.

Text to be used in notification letter - RR used to reduce extent

I refer to the application for registration for the property at xxx, which registration was completed on xxx.

It has come to the Keeper's attention that the extent of the tenement steading cadastral unit MIDxxxx referred to in your client's title sheet is inaccurate. Your client's flat forms part of the tenement block 93 xxx Road. Section 16 (1) of the Land Registration etc. (Scotland) Act 2012 ("the 2012 Act") permits the Keeper to represent a tenement building and all the registered flats in it as a single tenement steading cadastral unit. The inaccurate extent for the tenement steading cadastral unit also includes (part of the rear ground of neighbouring tenement block 85 to 91 xxx Road) which should comprise its own (tenement steading) cadastral unit.

The Keeper is satisfied that there is a manifest inaccuracy in the title sheet and what is needed to rectify is also manifest. Therefore, the Keeper, as required by section 80(2) of the 2012 Act, has rectified the cadastral map accordingly.

As rectification of an inaccuracy does not currently generate an automated electronic version of a title sheet I enclose a pdf for your records that shows the new extent for tenement steading cadastral unit MIDxxxx. Please be assured that no change is being made to your client's rights. All rights pertaining to your client's flat are located within the new extent for tenement steading cadastral unit MIDxxxx. For further information on the Keeper's policy on tenements and tenement steadings, please see the guidance published on the RoS website: www.ros.gov.uk - The Cadastral Map: Tenements and other flatted buildings.