Certified Plan Procedure

General

The 2012 Act contains conditions that when an unregistered plot is being registered, it must be identifiable on the cadastral map.

• For FRs, the condition is in section 23(1)(c) of the Act and states that "the deed so describes the plot as to enable the Keeper to delineate its boundaries on the cadastral map". 

• For VRs, the condition is in section 28(1)(a) of the Act and states that "there is submitted with the application a plan or description of the plot sufficient to enable the Keeper to delineate the plot's boundaries in the cadastral map". 

• There are similar conditions of registration relating to registrable encumbrances affecting a lesser area within the plot being registered, such as leases, servitudes or standard securities.

Usually, either the DIR or the prior titles referred to will contain a suitable description and/or a plan allowing registration to proceed. In limited cases, a plan which is not annexed to a deed will be submitted to fulfil the relevant conditions of registration relating to the boundaries of a plot. 

Keeper's policy - when can certified plans be used?

It is the Keeper's policy that certified plans may be used in two situations:

• an application for voluntary registration; or

• where the application is for registration of a deed such as a disposition, but the inclusion of a servitude created by prescription is requested.

It is not necessary for an applicant to certify a new plan or incorporate it into a deed if that plan is only being used to identify a tenement steading extent. Instead it can simply be included in the application pack, although it is very helpful to us if the applicant indicates somewhere in the application what the purpose of the plan is!

Keeper's policy - when can certified plans not be used?

Where a registrable deed transferring ownership is submitted for registration, a separate certified plan cannot be used to identify the plot of land for which registration is sought. Nor can one be used for a right or burden constituted in a previous deed but which cannot otherwise be identified from the deed creating it. Instead, a deed plan acceptable for registration should be incorporated into the disposition or notice of title in the normal manner.

When the application for voluntary registration contains any information suggesting that the parties are unsure (or do not consider) that the (certified) plan accurately reflects the plot of land for which registration is sought or that the plan does not reflect the legal title of the applicant, and the application does not otherwise contain sufficient information to meet the condition of registration regarding the identification of the boundaries of the plot of land on the cadastral map, the application should be referred for possible rejection.

When a certified plan does not meet the deed plan criteria, and the application for voluntary registration does not otherwise contain sufficient information to meet the condition of registration regarding the identification of the boundaries of the plot of land on the cadastral map, the application should be referred for possible rejection.

For the avoidance of doubt, it is not normally appropriate to raise a requisition for a certified plan; instead the application should be considered for rejection if the extent of the subjects cannot be identified. However, if your application is Open Casework, then refer to an HEO as there may be a way of confirming the extent of the subjects without rejecting an application that RoS has had for some time.

Key requirements 

(a) The plan must accompany the application; and

(b) The plan should be referred to in the application form (for example in the Further Information field); and

(c) It should be clear that the plan submitted is the plan referred to in the application form; and

(d) The plan must be of sufficient quality under the deed plan criteria; and

(e) The purpose of the reference/s on the plan should be clear from the information provided either in the form, from a legend on the plan or in any docquet on the plan. For example, whether the plan (or a particular reference on it) discloses the extent of the plot for which registration is sought or the route of a prescriptive servitude right of way or the areas affected by a specific burdens in previously recorded deeds. 

However, the plan does not require to be "certified". For example, any docket on the plan does not require to state "I/We certify....". Nor is it necessary that the plan be signed by either the applicant or by their agent submitting the application. An application utilising such a plan should not be rejected for either of those reasons. The plan should be annexed to the application form.

There must be no expression of doubt or concern within the application form or any covering correspondence as to the accuracy of the information provided. So, for example, any suggestion that the plan is merely indicative or demonstrative or is not to used for the registration process, is unacceptable. Rejection of the application may be necessary if the deeds enclosed with the application do not themselves fulfil the conditions of registration relating to the identification of the plot or associated rights and burdens. Provided there is no concern in this regard, then the applicant and the parties involved are certifying the information provided. Before submitting the application for registration, the parties must have satisfied themselves that the information provided in the plan is supported by the title deeds and, where appropriate, prescriptive possession. 

To simplify matters, a docket can be used on the plan, which could take a form similar to one of the following:

• This is the plan of plot (address or general description) for which registration is sought, referred to in the application for voluntary registration by (applicant's name)”. 

• This is the plan referred to in the application for voluntary registration by [insert name of applicant or applicants]. The boundaries of the plot [describe nature of plot where separate tenement such as e.g. 'salmon fishing rights'] for which registration is sought are [edged red]. 

• This is the plan of the route of the right of access for vehicular and pedestrian purposes created by prescription, referred to in the application for registration of the Disposition by A to B of (description of plot transferred).

Acceptable Examples

In this example, the applicants are seeking to register a prescriptive servitude. The prescriptive servitude box has been ticked on the application form, and further information has been added to the form stating :"Our clients wish to register the servitude right of pedestrian and vehicular access that has been created by prescription, shown coloured red on the plan annexed to the Affidavit submitted as Item 5 of this application."  In addition, the plan showing the route of the prescriptive servitude includes a docket making it clear that this is the plan referred to in the application form. The plan itself is a good quality, legible plan and meets the deed plan criteria. This plan is therefore acceptable and can be used by the Keeper to identify the prescriptive servitude.

In this example, the application is a VR. The subjects to be registered are described in part B of the application form as being the subjects in 2 prior sasine deeds, under exception of a 3rd sasine deed, "all as shown tinted pink on the new plan submitted with this application". Although the plan itself is not certified or docketed, it is the only new plan submitted with the VR application and clearly shows an area tinted pink that includes the property with the address that is given on the form. The plan itself is a good quality, legible plan and meets the deed plan criteria. This plan is therefore acceptable and can be used by the Keeper to identify the VR subjects.

Open

Open

Unacceptable example

In this example, the application is a VR. The subjects to be registered are described in part B of the application form as being the subjects in 2 prior sasine deeds, under exception of a 3rd sasine deed. No mention is made on the application form to the new plan included in the application. As the plan itself is not certified or docketed, it is not being made clear to the Keeper what the purpose of the new plan is. The plan itself is a good quality, legible plan and does meet the deed plan criteria, though. This unexplained plan is not acceptable and can't be used by the Keeper to identify the VR subjects. If the extent of the VR plot cannot be established from the information in the application form, the application should be considered for rejection. Please note, if the application is Open casework that is more than 6 months old, it may be possible to obtain written confirmation from the applicant's agent that the extent on the new plan is the extent that their client is seeking to register, thus avoiding having to reject an older application. Please speak to your referral officer if you think your application falls into this category.

Open