Identifying the Tenement Steading Extent

What is an acceptable existing extent for a tenement steading?

In each of the following scenarios, the Keeper is deemed to already hold an acceptable extent for the tenement steading and the application should proceed based on that extent.

• • A tenement steading cadastral unit has already been set up on the cadastral map through a previous 2012 Act registration (PR) of a flat within that tenement.
    
    
  • A previous 1979 Act registration (PR) of a flat within that single tenement was mapped using the site plan method (described as being "within the land edged red"), and the extent of the single tenement steading is delineated on the index map. (Please note, a site plan extent from a 1979 Act PR that includes multiple tenements is not an acceptable extent).
    
    
  • A research area (RA) has previously been set up for a single tenement or block, and the extent of the tenement steading is delineated (usually with a blue edge) on the index map. (Please note, an RA extent that includes multiple tenements is not an acceptable extent).
    
    
  • The parent title for a TP of a flat comprises only the single tenement or block, and the extend of the tenement steading is delineated (usually with a red edge) on the index map. (Please note, a parent title extent that includes multiple tenements is not an acceptable extent).

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

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 full extent of the tenement steading is clear.

• An 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 ground pertaining to the three flatted properties. An example of this type of scenario can be found on the Tenement Scenarios page.
• This approach can only be used when the current application is for the final flat in a 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.
• If your application appears to fit the final flat scenario, the application should be referred to a plans RO1 for confirmation that it is ok to proceed with the application. Guidance for referral officers can be found on the page - Tenement Steading Extent - Guidance for Referral Officers.

When is it appropriate for a restricted extent for a tenement steading cadastral unit to be defined by the applicant or derived by the keeper?

Whenever possible, the tenement steading cadastral unit will comprise the extent of all flats, their rights and pertinents. If this is not possible, 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.

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 - a P110 request should be emailed to Mapbase Maintenance to request an MU to update the tenement steading cadastral unit extent of all 2012 Act PRs in the block. An LRS title note should be added to the current application explaining the update and which earlier titles have been updated.

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. 

• 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. This is because the Keeper is unable to derive an extent for the tenement steading extent cadastral unit that includes a minimum of the tenement building and all pertinents (exclusive or common) of the flat being registered.
  
  

• 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. 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.

  
  

When does the Keeper use an existing extent, when must a definition be included in the application, or when should the application be rejected due to lack of a tenement steading extent?

A decision diagram has been created to help answer this question:

What to do if there are differing extents shown for the tenement steading between PRs, or between a PR and the application.

When there are differing extents shown for the tenement steading between PRs, or between a PR and the application, the application should be referred to a plans RO1 for consideration on how to proceed. It may be that the difference is simply due to the Keeper holding a restricted extent for the tenement steading cadastral unit (see above), and the current application includes rights to additional areas of ground that should now be included within an updated tenement steading cadastral unit extent. However, there will be other reasons for the differing extent, such as an area of ground having been incorrectly included previously in the tenement steading cadastral unit, and each should be considered by a referral officer before a course of action is decided upon.

Guidance for referral officers can be found on the page - Tenement Steading Extent - Guidance for Referral Officers.