Amalgamation - Legal Settle

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.

1.1.2 An FR or TP application has been created at intake to register a share in a plot but plans have identified there is an existing cadastral unit and title sheet (not applicable to shared plots).

1.2 Identify if any of the titles have an existing share in a shared plot, or if plans settle have created any shared plot applications (FS/TS/AS) in respect of any application undergoing registration.

1.3 Ensure a full legal examination is completed to confirm the application(s) undergoing registration is acceptable and will not be rejected at a later stage.

1.4 Ensure a full plans examination has been completed to confirm the application(s) undergoing registration is acceptable and will not be rejected at a later stage.

1.5 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.

1.6 If authorisation of amalgamation has not been completed, follow the authorisation process or refer to authorising officer as appropriate to confirm amalgamation may proceed.

1.7 On return from authorising officer or on completion of authorisation process:

1.7.1 If it is not appropriate to proceed with amalgamation request send the 'LR52 Titles Not Being Amalgamated' letter immediately, and complete any applications for registration following the normal legal processes.

1.7.2 If amalgamation is appropriate check the plans updates have been completed or provide instructions to plans following the Legal Examination & Instructions to Plans Settler procedures and refer to plans settle.

1.7.3 If amalgamation is appropriate and the plans updates have been completed follow the process steps below.

2.1 If necessary, print the registered version of the title sheet for the closed title and the continuing title.

2.2 Check there is a pending application for the closing title and a pending application for the continuing title.

2.2.1 Where there is no pending application for registration a TU must be created.

2.3 Check the title type for each application is the same or amend as necessary.

2.3.1 The title types must all be title type 12 or title type 79 otherwise the amalgamation on LRS will fail.

2.4 Select and open the application for the closing title from the LRS case workdesk.

2.4.1 Check that all applications for the closing title are attached to the the lead closing title application on LRS.

2.5 Ensure the case has been referred to plans to remove any shared plot relationships from the closing title, and to close the closing title and update the continuing title on the mapping systems before proceeding to amalgamate on LRS.

2.6 Select Print from the application workdesk and select LR53 - Titles Being Amalgamated and complete the relevant fields of the letter.

2.7 Select Print from the application workdesk and select L65 - Amalgamation Title Sheet and complete the relevant fields of the form.

2.8 Add an amalgamation note in the Addition Information field on the application workdesk 'FFEXXXXX (closing title number) amalgamated into FFEXXXXXX (continuing title number) on dd/mm/yy'.

2.9 Prior to amalgamating on the LRS check there are no outstanding advance notices in the AN handler.

2.9.1 Log in to eservices and check for any outstanding Advance Notices 

2.9.2 If there is no Advance Notice, proceed as usual 

2.9.2 If there is an Advance Notice, contact TPANRejections@ros.gov.uk to have the Advance Notice rejected for the reason: 

title number xxxx has been amalgamated into (insert title number) therefore the advance notice should be re-submitted against (insert title number).

2.10 In the application workdesk select Amalg.

2.11 Enter the continuing title number that the closing title is to be amalgamated into, enter the date of amalgamation and click on the dropdown list and select M.

2.11.1 The date of amalgamation should always be the date the amalgamation is being completed on LRS unless an alternative date has been authorised by a SCW.

2.12 Select the appropriate application against the continuing title and ok the pop up box.

2.12.1 Where there is more than one application against the continuing title the earliest application must be used.

2.13 Check the details are correct and ok the pop up box.

2.14 The title sheet for the closing title has now been closed and a statement has been added to each section of the title sheet 'TITLE AMALGAMATED INTO TITLE NUMBER FFEXXXXXX ON DD/MM/YY'.

2.15 Send the completed L65 and a copy of the LR53 letter to scan to be added to the archive record.

2.15.1 Where a TU application has been created for any of the titles the TU flysheet must be printed and sent to scan with the L65.

2.16 Repeat the above steps if any further titles are to be closed and amalgamated into the same continuing title.

2.17 The application for the continuing title can now be used to update the title sheet and to complete registration and the LR53 letter should be sent immediately.

3.1 Complete the parent title (if applicable), registered proprietor and advance notice checks following steps in appropriate DW Legal, FR Legal or TP Legal process.

3.1.1 Any checks for advance notices must be completed in relation to both the closing title and the continuing title.

3.2 Check the correct title version has been imported to the application on LRS currently undergoing registration.

3.3 Check if the registered title sheet contains any existing exclusion of indemnity, limitation or exclusion of warranty or caveat, and if the application undergoing registration contains any relevant information (i.e. any request to remove the existing exclusion of indemnity from the registered title sheet) and consider if any action is required, or refer if necessary.

3.4 Update the Proprietorship Section:

3.4.1 Check the formatting of the existing proprietor entry and amend if the application undergoing registration contains any new information, if necessary.

3.4.2 Select the correct proprietor type for the existing proprietor entry (P = person, C = company, O = other), if necessary.

3.4.3 Add any additional information to the existing proprietor entry (i.e. colour reference added to cadastral map), if necessary.

3.4.4 Delete existing MHA/CPA notes - if additional notes exist consider action or refer as necessary

3.4.5 Add the proprietor entry in respect of the application undergoing registration following steps in appropriate DW Legal, FR Legal or TP Legal process.

3.4.6 Where the application undergoing registration transfers title to an additional pro indiviso share in a plot check that the total shares do not add up to more than 100%.

3.5 Update the Securities Section:

3.5.1 Check if any existing security/charge entry is outwith the time limit and remove entry, if appropriate.

3.5.2 Check the formatting of any existing security/charge entry and amend if the application undergoing registration contains any new information.

3.5.3 Add additional information to any existing security/charge entry, if necessary (i.e. colour reference added to the cadastral map).

3.5.4 Add any new security/charge entries in respect of the application undergoing registration following steps in appropriate DW Legal, FR Legal or TP Legal process.

3.6 Update the Burdens Section:

3.6.1 Remove any obsolete burdens.

3.6.2 Remove any burdens if expressly stated by the agent acting on behalf of the applicant/proprietor.

• For the avoidance of doubt where it is considered confusio applies the burdens should not be removed unless expressly requested by the agent acting on behalf of the applicant/proprietor.

3.6.3 If authorised by SCW, remove any burdens entries or burdens clauses specific to any extinguished servitude.

3.6.4 Amend any existing burdens entries to make reference to the 'cadastral map' instead of the 'Title Plan', if necessary.

3.6.5 Check if any existing burdens entries makes reference to a 'Supplementary Plan'.

• • If reference to a 'Supplementary Plan' is included in the main text of the burdens entry amend the reference to read either 'supplementary data ?' for tenement scenarios, or "additional cadastral map view ?" for non-tenement scenarios.
    
    
  • If reference to a 'Supplementary Plan' is included in a footnote to an existing burdens entry replace the footnote with the appropriate footnote by reference to the Deed or Document Incorporated in Title Sheet by Reference guidance.

3.6.6 If any amendments have been made to existing references on the cadastral map amend the references in any existing burdens entries, if necessary.

3.6.7 Add any new burdens entries in respect of the application undergoing registration following steps in appropriate DW Legal, FR Legal or TP Legal process.

3.6.8 Renumber any references to burdens entries in the text of any burdens entries , if necessary (i.e. Disposition by A to B of the subjects described in the Disposition in Entry 2 of this section. The Disposition formerly Entry 2 is now Entry 3).

3.6.9 Check any existing TCA burdens section note is the final entry, or remove and create/import new TCA burdens section note, if necessary.

3.7 Update the Property Section:

3.7.1 Check the date of first registration and the title sheet update date are correct or amend as necessary.

3.7.2 Check that the real right field is 2012 compliant or amend as necessary. 

• • In the event that 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, refer.

3.7.3 If authorised by SCW, remove any existing servitudes where the burdened and the benefited plots are both owned by the same proprietor in the same capacity.

3.7.4 Check all references to the 'Title Plan' and 'Supplementary Plan' are updated to ' cadastral map' and either 'supplementary data ?' for tenement scenarios, or "additional cadastral map view ?" for non-tenement scenarios.

3.7.5 Check the address details are correct. If any new information is included in the application undergoing registration or any amendments to the address details are required refer to plans.

• • The subjects description must include the cadastral unit number and the hectarage if it measures 0.5 hectares or greater than 0.5 hectares.

3.7.6 If there is an existing boundary table change the wording in the heading from 'Title Plan' to 'cadastral map' using the picklist entry (i.e. 'The boundary between the points indicated on the cadastral map').

3.7.7 Update the property section in respect of the application undergoing registration following steps in appropriate DW Legal, FR Legal or TP Legal process.

3.7.8 If any amendments have been made to the existing references on the cadastral map consider the effect on the property section and update any notes or schedules, if necessary.

3.8 TA/TP Application - identify any pending application against the PT or if a TU is required and complete the relevant updates to the proprietorship, securities, burdens and property sections of the PT title sheet.

4.1 View the title sheet for the continuing title and check formatting and amend any errors in the appropriate section of the title workdesk, if necessary.

4.2 Complete the PRINT MASTER TITLE SHEET function for the continuing title.

4.3 Close the title sheet and click on Don't Save in the pop up box.

4.4 Select and open the closed title on LRS and complete the PRINT MASTER TITLE SHEET function.

4.4.1 There is no need to check the title sheet as this process is only necessary to trigger the notification.

4.5 Select and Confirm the closing title on the title workdesk - ensure that at least 10 seconds have elapsed since closing the MASTER TITLE SHEET before selecting confirm. 

4.6 Complete registration of the continuing title following the appropriate DW Legal, FR Legal or TP Legal process.

4.6.1 TA/TP Application - ensure the PT application and the TA/TP application are completed on LRS on the same day.

4.6.2 Any additional documents/correspondence sent to scan must be added to the business record of the continuing title.

4.7 Once the amalgamation and registration process has been completed for all affected titles, please check that the Plan Viewer shows the correct status for the closed title(s) - the status should now be AM. If the status is still showing as RG, then a ticket should be raised through the RoSNOW portal to have the status corrected.