Amalgamation - Plans Settle
Process Steps
Additional Information
1.1 Case identified at plans settle/legal settle as potential amalgamation.
1.1.1 The case may contain a letter requesting amalgamation that has been missed at intake or received after the application was created.
1.1.2 An FR or TP application has been created at intake to register a share in a plot that already has an existing cadastral unit and title sheet (not applicable to shared plots/transitional).
1.2 Identify if any of the titles have an existing share in a shared plot or if, on completion of registration, if any title will have a share in a shared plot.
1.2.1 For any registered title examine the title sheet to identify if there is an existing share in a shared plot.
1.2.2 For any application undergoing registration that includes a share in a common area complete the normal FR Plans or TP Plans checks for common areas and shared plots to identify if the common area is an existing shared plot or if the common area will be designated a shared plot.
1.3 Ensure a full plans examination is completed to confirm any application(s) undergoing registration is acceptable and will not be rejected at a later stage.
If any of the titles have an existing share in a shared plot or if, on completion of registration, will have a share in a shared plot the case must be referred to a senior adviser.
1.4 Complete an application record search and ensure any pending applications with a date of registration prior to the date of registration of the application undergoing registration are completed before proceeding.
1.5 If amalgamation has not already been authorised, refer to authorising officer to confirm amalgamation may proceed.
1.5.1 If the amalgamation date is to be backdated refer to a senior caseworker to authorise.
1.6 On return from authorising officer proceed to complete cases as instructed.
1.6.1 If amalgamation is not appropriate refer to the normal plans processes to complete registration.
1.6.2 If amalgamation is appropriate follow the process steps below to close the registered title and update the continuing title.
The plans processes have changed with the introduction of the Plan Creator - please follow the relevant steps below.
Close Registered Title
Where the registered title that is being amalgamated into the continuing title is a previously registered title, the actions to be take by the plans officer will depend on whether or not there are live DCUs/opened versions of that title. The same also applies for a pending registration that has been started before the amalgamation process was requested.
No live DCU/opened version - in other words, the current application over the title to be closed has not yet been opened in a mapping tool
2.1 Since the application has not been opened in one of the mapping tools, there is no action required in PV / Plan Approver / Plan Creator.
2.2 Add a note to the title workdesk on the LRS to confirm the continuing title number. For example, "Closed in Plan Creator and amalgamated into MID12345"..
2.3 Ensure the category of the case is the same on the LRS and the CMS (to ensure they are synchronised).
2.4 Release the application to legal settle for closure of the application in the LRS.
2.5 Repeat for any other titles that are to be closed as part of the amalgamation process.
When the title is closed in the LRS and the application is confirmed, the status in the Plan Viewer (PV) will change from RG to AM.
Live DCU/pending version - in other words, the current application has already been opened in a mapping tool
3.1 Take the current application on in the LRS under Plans Settle (do not attempt this process with the application taken on at Plans Cancel as the full plans functionality will not be available to you).
3.2 Open the DCU in the Plan Creator.
3.3 Add a case note to confirm the continuing title number. For example, "title closed in Plan Creator and amalgamated into MID12345.."
- If these steps are being followed to close a lease title that it being renounced or absorbed back into the landlord's title, please adjust the note accordingly. For example, "lease title closed/renounced and absorbed into landlord's title GLA98765...".
3.4 If the current application already contains the mapping for the title that is to be closed, this should be retained as it may prove useful for copying/pasting from.
- If the mapping was originally done in the DMS, make only those updates that are absolutely necessary to allow the application to be approved in the Plan Creator/PV. For example, Classifications should be applied but do not spend time changing references to remove multiple edge references.
3.5 If the current application doesn't yet contain the mapping for the title that is to be closed, or only a basic start has been made in mapping the title, the only reference that is required is a polygon over the approximate area of the title. This should be hatched red, and classified as For Reference Only. This will allow other users to be aware that there is a title pending for that property until such times as the amalgamated title is registered.
3.6 Save the DCU in the Plan Creator.
3.7 Approve the application in the PV.
3.8 Add a note to the title workdesk on the LRS to confirm the continuing title number. For example, "Closed in Plan Creator and amalgamated into MID12345"..
3.9 Ensure the category of the case is the same on the LRS and the CMS (to ensure they are synchronised).
3.10 Release the application to legal settle for closure of the application in the LRS.
3.11 Repeat for any other titles that are to be closed as part of the amalgamation process.
When the title is closed in the LRS and the application is confirmed, the status in the Plan Viewer (PV) will change from RG (or DF) to AM.
4 Update Continuing Title
4.1 Create a DCU for the continuing title.
4.1.1 Where there is no live application, the creation of a TU will have been organised by the authorising officer.
4.2 If the extent(s) of the closing title(s) has been mapped, copy and paste this through from the index layer.
4.3 Map the plot and any common areas (excluding shared plots) undergoing registration on the cadastral map following the appropriate TP Plans or FR Plans process steps, if applicable.
4.3.1 If instructed, add separate references to enable the plot(s) from the closing title(s) and the continuing title to be identified separately.
4.3.2 If the existing property in the closing title or in the continuing title forms part of a tenement consider if a tenement steading cadastral unit must be created. Refer to a senior officer, if necessary.
4.4 Check the extent(s) of all the parts that are being amalgamated and consider if any amendments are required to the existing cadastral unit references.
4.5 Map any additional ownership extents from the SPLs/supplementary plans assigned to the closing title and/or the continuing title on the cadastral map, if necessary, making use of the grouping functionality where appropriate.
4.5.1 If the closing title or the continuing title include scanned supplementary plans/images, follow the guidance on when these can be retained or replaced. Refer to a senior officer, if necessary.
4.5.2 If an existing scanned image is no longer required as a result of the amalgamation, this can be deleted within the DCU for the continuing title.
4.6 Authorise the DCU and approve the plan.
4.7 Check the area measurement of the "Ownership - Exclusive" polygons and take a note if the new extent is 0.5 hectare or greater.
4.8 Complete the LRS information following the applicable TP Plans or FR Plans process steps.
4.8.1 Add a note to the title workdesk to confirm the title numbers that have been amalgamated and add details of any changes to references.
4.8.2 Update the property description to make reference to the cadastral unit number, if necessary.
4.8.3 Update the real right field to be 2012 compliant, if necessary. Refer to a senior officer if the real right field contains a non-standard entry for example a mixed feudal/absolute ownership title or it is an old feudal title habile to include mineral interests.
4.8.4 Include/update the hectarage where the new extent is 0.5 hectare or greater.
4.8.5 Update the property description to include the additional plot(s) and any rights pertaining to the plot.
4.8.6 Remove map reference(s), if necessary.
4.9 Complete the case and release to LEGAL SETTLE.
Registers of Scotland (RoS) seeks to ensure that the information published in the 2012 Act Registration Manual is up to date and accurate but it may be amended from time to time.
The Manual is an internal document intended for RoS staff only. The information in the Manual does not constitute legal or professional advice and RoS cannot accept any liability for actions arising from its use.
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