References to shared plots in the scenarios below should be considered in conjunction with the Shared and Sharing Plots Guidance as to when the creation of a shared plot is appropriate – where the common area in question can be regarded as a pertinent (by virtue of being intrinsic to the enjoyment of the flatted property) then a shared plot should not be created, and the common area should be included within the tenement steading cadastral unit extent.

In the following scenarios, PR is used as an abbreviation for previous registration.

Useful links

Completing the LRS title notes

Mapping Styles & Plans References on the Cadastral Map

Section A	Tenement applications with all rights and pertinents within the tenement steading extent
Section B	Tenement applications with some rights or pertinents outwith the tenement steading extent as they are owned in common with other tenements or houses
Section C	Tenement applications where a restricted tenement steading cadastral unit is to be set up
Section D	Tenement applications for a flat or unit in one tenement block with a parking space or garage located in another tenement block

A - Tenement applications with all rights and pertinents within the tenement steading extent

Scenario 1 - no existing 1979 Act or 2012 Act PRs, the current application does not define the tenement steading extent, and all references in the deed for extent are verbal.

Details

The Keeper does not already have an acceptable extent on the cadastral map for the tenement steading cadastral unit - see Identifying the Tenement Steading Extent for full details of what is regarded as an acceptable existing steading extent.
The current 2012 Act application does not contain either a plan or full bounding description of the tenement steading, and therefore the Keeper cannot map the tenement steading cadastral unit on the cadastral map.
The current 2012 Act application does not contain either a plan or full bounding description of the tenement block and all pertinents (exclusive or common) of the flat, therefore the Keeper cannot derive a restricted tenement steading cadastral unit on the cadastral map.
The application should be rejected.

In scenarios where the Keeper does not already have information on the cadastral map that is sufficient to define the tenement steading cadastral unit, the first 2012 Act application must provide either (i) details of the extent of the tenement steading cadastral unit, or (ii) sufficient detail for the keeper to derive a restricted tenement steading cadastral unit reflecting the tenement block and all pertinents (exclusive or common) of the flat.
The rejection letter that is sent out when the application is rejected includes a paragraph giving additional guidance on what is required from the applicant in scenarios such as these.

Scenario 2 - no existing 1979 Act or 2012 Act PRs, the current application defines the tenement steading extent, and all rights & pertinents of the flat in the current application are within the tenement steading.

Details

The Keeper does not already have an acceptable extent on the cadastral map for the tenement steading cadastral unit - see Identifying the Tenement Steading Extent for full details of what is regarded as an acceptable existing steading extent.
The current 2012 Act application contains either a plan or full bounding description of the tenement steading that allows the tenement steading cadastral unit to be mapped on the cadastral map.
The current 2012 Act application is to register a flat within the tenement steading extent, and all rights and pertinents (exclusive and common) of the flat fall within the tenement steading.
The application can proceed using the tenement steading extent defined in the application to set up a new tenement steading cadastral unit which will be shown on the cadastral map. If plans references are required for the extent of the individual flat, or for any of the rights or pertinents of that flat, these references will be shown on a grouping containing supplementary data.

example

Scenario 3 - existing 1979 Act PR that has been mapped tinting method, but the current 2012 Act application defines the tenement steading, and all rights & pertinents of the flat in the current application are within the tenement steading.

Details

The Keeper does not already have an acceptable extent on the cadastral map for the tenement steading cadastral unit - see Identifying the Tenement Steading Extent for full details of what is regarded as an acceptable existing steading extent.
The current 2012 Act application contains either a plan or full bounding description of the tenement steading that allows the tenement steading cadastral unit to be mapped on the cadastral map.
The current 2012 Act application is to register a flat within the tenement steading extent, and all rights and pertinents (exclusive and common) of the flat fall within the tenement steading.
The application can proceed using the tenement steading extent defined in the application to set up a new tenement steading cadastral unit which will be shown on the cadastral map. If plans references are required for the extent of the individual flat, or for any of the rights or pertinents of that flat, these references will be shown on a grouping containing supplementary data.

No action is required regarding the existing 1979 Act PRs as these will be converted into 2012-Act style title sheets that refer to the new tenement steading cadastral unit during a future conversion project.

example


1979 Act PR mapped tinting method	Current application includes either a plan or a full bounding description of the tenement steading that allows the tenement steading cadastral unit to be mapped.

Scenario 4 - existing 2012 Act PR that has already set up a tenement steading cadastral unit, and all rights & pertinents of the flat in the current application are within the tenement steading.

Details

The Keeper already has an acceptable extent on the cadastral map for the tenement steading cadastral unit - see Identifying the Tenement Steading Extent for full details of what is regarded as an acceptable existing steading extent.
There is therefore no requirement for the current 2012 Act application to include a plan or full bounding description of the tenement steading extent.
The current 2012 Act application is to register a flat within the existing tenement steading cadastral unit, and all rights and pertinents (exclusive and common) of the flat fall within the tenement steading.
The application can proceed using the existing tenement steading cadastral unit which will be shown on the cadastral map. If plans references are required for the extent of the individual flat, or for any of the rights or pertinents of that flat, these references will be shown on a grouping containing supplementary data.

example

Scenario 5 - existing 1979 Act PR that has been mapped site plan method, and all rights & pertinents of the flat in the current application are within the tenement steading.

Details

The Keeper already has an acceptable extent on the cadastral map that can be used for the tenement steading cadastral unit - see Identifying the Tenement Steading Extent for full details of what is regarded as an acceptable existing steading extent.
There is therefore no requirement for the current 2012 Act application to include a plan or full bounding description of the tenement steading extent.
The current 2012 Act application is to register a flat within the existing tenement steading extent, and all rights and pertinents (exclusive and common) of the flat fall within the tenement steading.
The application can proceed using the existing tenement steading extent in the PR(s) to set up a new tenement steading cadastral unit which will be shown on the cadastral map. If plans references are required for the extent of the individual flat, or for any of the rights or pertinents of that flat, these references will be shown on a grouping containing supplementary data.

example

Scenario 6 - no existing 1979 Act PR that has been mapped site plan method, but there is a Research Area (RA) for the single tenement, and all rights & pertinents of the flat in the current application are within the tenement steading.

Details

The Keeper already has an acceptable extent on the cadastral map that can be used for the tenement steading cadastral unit - see Identifying the Tenement Steading Extent for full details of what is regarded as an acceptable existing steading extent.
There is therefore no requirement for the current 2012 Act application to include a plan or full bounding description of the tenement steading extent.
The current 2012 Act application is to register a flat within the existing tenement steading extent, and all rights and pertinents (exclusive and common) of the flat fall within the tenement steading.
The application can proceed using the existing tenement steading extent in the RA to set up a new tenement steading cadastral unit which will be shown on the cadastral map. If plans references are required for the extent of the individual flat, or for any of the rights or pertinents of that flat, these references will be shown on a grouping containing supplementary data.

example

Scenario 7 - no existing 1979 Act PR that has been mapped site plan method, but there is a parent title for the single tenement, and all rights & pertinents of the flat in the current application are within the tenement steading.

Details

The Keeper already has an acceptable extent on the cadastral map that can be used for the tenement steading cadastral unit - see Identifying the Tenement Steading Extent for full details of what is regarded as an acceptable existing steading extent.
There is therefore no requirement for the current 2012 Act application to include a plan or full bounding description of the tenement steading extent.
The current 2012 Act application is to register a flat within the existing tenement steading extent, and all rights and pertinents (exclusive and common) of the flat fall within the tenement steading.
The parent title will be converted into the new tenement steading cadastral unit for the block.
The application can proceed using the tenement steading cadastral unit which will be shown on the cadastral map. If plans references are required for the extent of the individual flat, or for any of the rights or pertinents of that flat, these references will be shown on a grouping containing supplementary data.

example

Scenario 8 - existing 1979 Act PRs that have been mapped tinting method, current application is for final registration of a flat in the tenement, and all rights & pertinents of the flat in the current application can be mapped.

Details

When the information provided on the rights and pertinents in the current application is combined with the existing PRs, the Keeper can derive an acceptable extent on the cadastral map that can be used for the tenement steading cadastral unit - see Identifying the Tenement Steading Extent for full details of what is regarded as an acceptable existing steading extent.
The current 2012 Act application contains either a plan or full bounding description of the tenement steading that, taken with the PRs, allows the tenement steading cadastral unit to be mapped on the cadastral map.
The current 2012 Act application is to register a flat within the existing tenement steading extent, and all rights and pertinents (exclusive and common) of the flat fall within the tenement steading.
The application can proceed using a tenement steading extent derived from the application and the PRs to set up a new tenement steading cadastral unit which will be shown on the cadastral map. If plans references are required for the extent of the individual flat, or for any of the rights or pertinents of that flat, these references will be shown on a grouping containing supplementary data.

example

	3 of the 4 flatted properties comprising the tenement 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 for the 3 PRs with that supplied in the current application, the tenement steading cadastral unit can clearly be identified as the area edged red.

B - Tenement applications with some rights or pertinents outwith the tenement steading extent as they are owned in common with other tenements or houses

Scenario 9 - external common areas, single tenement block.

No existing 1979 Act or 2012 Act PRs, but the current 2012 Act application defines the tenement steading; the application includes a right in common to a defined shared area that is common to more than one tenement.

Details

The Keeper does not already have an acceptable extent on the cadastral map for the tenement steading cadastral unit - see Identifying the Tenement Steading Extent for full details of what is regarded as an acceptable existing steading extent.
The current 2012 Act application contains either a plan or full bounding description of the tenement steading that allows the tenement steading cadastral unit to be mapped on the cadastral map. In some instances, the applicant will draw the tenement steading to include the common area, in others the common area will not be shown to be part of the tenement steading extent on the deed plan - both ways of submitting the application are acceptable, as long as the extent of the common area can be identified and mapped.
The current application can proceed using the tenement steading extent defined in the application to set up a new tenement steading cadastral unit which will be shown on the cadastral map - this should be restricted (if necessary) to exclude any common areas for which the creation of a shared plot is appropriate.
If plans references are required for the extent of the individual flat, or for any of the rights or pertinents of that flat, these references will be shown on a grouping containing supplementary data to the title sheet.

As there are no 1979 Act PRs that include a share in the common area, the common area may be mapped as a separate cadastral unit on the cadastral map and set up as a shared plot title sheet if appropriate (i.e. where the common area is not regarded as a pertinent). In this situation, all flats (in any of the tenements) that are conveyed with a right to the said common area will become sharing plots. Where the common area can be regarded as a pertinent (i.e. where it is intrinsic to the enjoyment of the flats), it can be included in the extent of the tenement steading cadastral unit.

This is a simple example of this type of scenario; see Scenario 11, below, for an example in a more complex development.

example

The application describes the flat as being part of a tenement block with a right in common with the owners of all the flats in 17 tenement blocks to the rear common access road. The application contains a plan delineating the tenement steading extent and also delineating the extent of the rear common access road.

The area edged & numbered 1 in red will be mapped and set up as the tenement steading cadastral unit for all flats in that block.
The area edged and numbered 2 in red will be mapped and set up as a shared plot title sheet & cadastral unit for the rear common access road.
Future applications for flats in other blocks, for example the block edged and numbered 3 in red, will also be registered in a similar style, with the flats becoming sharing plots to the existing shared plot.

Scenario 10 - external common areas, single tenement block.

Existing 1979 Act PRs that have been mapped site plan method, and where the site plan extent includes a shared area that is common to more than one tenement.

Details

The Keeper already has an acceptable extent on the cadastral map that can be used for the tenement steading cadastral unit - see Identifying the Tenement Steading Extent for full details of what is regarded as an acceptable existing steading extent.
There is therefore no requirement for the current 2012 Act application to include a plan or full bounding description of the tenement steading extent.
Where two or more 1979 Act PRs include a share in a common area, the transitional provisions in Schedule 4 of the 2012 Act apply so there is no requirement to create a shared plot title sheet for the common area.
The current 2012 Act application is to register a flat within the existing tenement steading extent, and all rights and pertinents (exclusive and common) of the flat fall within the tenement steading.
The current application can proceed using the existing tenement steading extent in the PR(s) to set up a new tenement steading cadastral unit which will be shown on the cadastral map. If plans references are required for the extent of the individual flat, or for any of the rights or pertinents of that flat, these references will be shown on a grouping containing supplementary data.
The red edges defining the tenement steading cadastral units for the tenements sharing the common area will both include the extent of the common area so will overlap and will appear to create a competition in title on the cadastral map. The wording of the title sheets will clarify this situation and make it clear that there is not a competition in title. This is a temporary situation that is permissible under the transitional provisions until all registered titles are converted into 2012-Act style title sheets and cadastral units during a conversion project. Once all shares in the common area are registered (or when the conversion project happens), the common area will be removed from the tenement steading cadastral units and will be set up as a shared plot title sheet with its own cadastral unit.

This is a simple example of this type of scenario; see Scenario 12, below, for an example in a more complex development.

example

Scenario 11 - external common areas, development of more than one tenement block.

No existing 1979 Act or 2012 Act PRs but the current application adequately defines either (i) the tenement steading, or (ii) the individual block & all pertinents of that block; the application includes a right in common to defined shared areas that are common to more than one tenement.

Details

The Keeper does not already have an acceptable extent on the cadastral map for the tenement steading cadastral unit - see Identifying the Tenement Steading Extent for full details of what is regarded as an acceptable existing steading extent.
Each block, and any areas of exclusive or common ownership pertaining to the flats in that block (for example, exclusive garden areas or parking space, or common drying green), can be set up as a tenement steading cadastral unit. If the extent of the block and its pertinents is defined in (i) the deed for extent, (ii) otherwise in the application (for example, by separate plan referred to in the application form), or (iii) in a Deed of Conditions, this is sufficient for the Keeper to use to set up the tenement steading cadastral unit.
The current 2012 Act application contains enough information to allow the tenement steading cadastral unit to be mapped on the cadastral map.
If a plan of the tenement steading has been submitted with the application, in some instances the applicant will draw the tenement steading to include common areas shared by more than one tenement block; in others, these common areas will not be shown to be part of the tenement steading extent on the plan - both approaches are acceptable, as long as the extents of the common areas can be identified and mapped.
The current application can proceed using the tenement steading extent defined in the application to set up a new tenement steading cadastral unit which will be shown on the cadastral map - this should be restricted (if necessary) to exclude any common areas for which the creation of a shared plot is appropriate.
If plans references are required for the extent of the individual flat, or for any of the rights or pertinents of that flat, these references will be shown on a grouping containing supplementary data. These references can include such things as a reference to the solum of the block if this is smaller than the tenement steading cadastral unit, a reference to an exclusive parking space, or a reference to a common bin store that lies within the tenement steading extent.
If a plans reference is required for the extent of the development as defined in the Deed of Conditions, please edge with a colour other than red to avoid any confusion. This reference will be shown on the cadastral map.

Option A - shared plots

As there are no 1979 Act PRs that include a share in the common areas that are shared by more that one tenement block, the common areas may be mapped as separate cadastral units on the cadastral map & set up as shared plot title sheets if appropriate (i.e. where the common area is not regarded as a pertinent). These common areas will fall outwith any tenement steading cadastral units within the development.
In this situation, all flats (in any of the tenements) or houses in the development that are conveyed with a right to these common areas will become sharing plots.
The cadastral unit(s) showing the common areas included in the shared plot title sheet(s) will be mapped on the cadastral map under the title number allocated to the shared plot title sheet. The shared plot(s) can be mapped either using a red edge or using tints depending on the shape and size of the areas involved.
See the example, right.

Option B - pertinents

There are no 1979 Act PRs that include a share in the common areas that are shared by more that one tenement block, but the common areas can be regarded as pertientents of the flats in the tenements (see Shared and Sharing Plots Guidance).
Each block, and any areas of common ground pertaining to the flats in that block which can be regarded as pertinents (i.e. intrinsic to the enjoyment of the flatted property), can be set up as a tenement steading cadastral unit. This will result in the tenement steading cadastral units for each block overlapping to the extent of the common area – this is permissible in terms of section 3(7) and sections 12(2) and 12(3) of the 2012 Act.
For example, where a bin store is located between two blocks and pertains to the flats in both blocks, the ground occupied by the bin store should be included in the tenement steading cadastral unit for both blocks.
In practice, this results in the same style of mapping as is used in Scenario 10, above, where the transitional provisions apply.

example

The tenement steading cadastral unit is set up as the block and any areas of exclusive and common ownership pertaining to the flats in that block. The tenement steading cadastral unit is mapped on the cadastral map, and can then be used for other flats within this block.

In this example, each flat in the block has an exclusive garage, and details of the particular garages pertaining to each block is included in the Deed of Conditions. So the cadastral unit includes all garages pertaining to the flats in this block.

If the legal settler required a plans reference for the extent of the development as defined in the Deed of Conditions, this will be shown on the cadastral map. To avoid confusion with cadastral units, please use a colour other than red to edge the development.

The plans references required for the rights, etc disponed with the individual flat and that fall within the tenement steading are shown on a grouping containing the supplementary data.

In this example, the flat is tinted blue on the second floor of the block, and the garage is tinted pink. The flat is sold with a right in common to the solum of the block edged blue, the bin store tinted brown and the drying cupboard tinted green.

A shared plot title sheet is set up for the common areas in the development that fall outwith the tenement steadings for each of the blocks. All flats that are sold with a share in these common areas will become sharing plot title sheets to this shared plot title sheet.

In this example, the flat is sold with a 1/66th share in the common amenity areas shown on the plan to the Deed of Conditions. These areas have been mapped in the cadastral unit for the shared plot and have been tinted pink rather than edged red due to the complex nature of some of the shapes. The island sites, or holes, in this cadastral unit have been cut out using the Cookie Cutter tool in the Plan Creator.

There may be a requirement in some developments to create more than one shared plot title sheet if there are common areas owned with different groups of proprietors within the development. For example, an area common to the whole development and an area common to only two blocks in the development.

Scenario 12 - external common areas, development of more than one tenement block.

Existing 1979 Act PRs that were not mapped with a site plan extent for individual tenement blocks, but the current application adequately defines either (i) the tenement steading, or (ii) the individual block & all pertinents of that block; the application includes a right in common to defined shared areas that are common to more than one tenement.

Details

The Keeper does not already have an acceptable extent on the cadastral map for the tenement steading cadastral unit - see Identifying the Tenement Steading Extent for full details of what is regarded as an acceptable existing steading extent.
Each block, and any areas of exclusive or common ownership pertaining to the flats in that block (for example, exclusive garden areas or parking space, or common drying green), can be set up as a tenement steading cadastral unit. If the extent of the block and its pertinents is defined in (i) the deed for extent, (ii) otherwise in the application (for example, by separate plan referred to in the application form), or (iii) in a Deed of Conditions, this is sufficient for the Keeper to use to set up the tenement steading cadastral unit.
The current 2012 Act application contains enough information to allow the tenement steading cadastral unit to be mapped on the cadastral map.
The current application can therefore proceed. The tenement steading extent for the block should be derived from the application and should then be extended to include the extent of those common areas being mapped under the transitional provisions. The new tenement steading cadastral unit will be shown on the cadastral map.
If plans references are required for the extent of the individual flat, or for any of the rights or pertinents of that flat, these references will be shown on a grouping containing supplementary data. These references can include such things as a reference to the solum of the block, a reference to an exclusive parking space, a reference to a common bin store that lies within the tenement steading extent, or a reference to the development common amenity ground.

If a plans reference is required for the extent of the development as defined in the Deed of Conditions, please edge with a colour other than red to avoid any confusion. This reference will be shown on the cadastral map.

Where two or more 1979 Act PRs include a share in a common area, the transitional provisions in Schedule 4 of the 2012 Act apply so there is no requirement to create a shared plot title sheet for the common area.
Applying the transitional provisions to a flat in a tenement block with rights to a common area that falls outwith the block results in the Keeper extending the extent of the tenement steading cadastral unit to include the extent of that common area.
The red edges (or tints if that mapping style is more appropriate) defining the tenement steading cadastral units for the all the tenement blocks sharing the common area will all include the extent of the common area so will overlap and will appear to create a competition in title on the cadastral map. The wording of the title sheets will clarify this situation and make it clear that there is not a competition in title. This is a temporary situation that is permissible under the transitional provisions until all registered titles are converted into 2012-Act style title sheets and cadastral units during a conversion project. Once all shares in the common area are registered (or when the conversion project happens), the common area will be removed from the tenement steading cadastral units and will be set up as a shared plot title sheet with its own cadastral unit.

example

The extended tenement steading cadastral unit is set up as the block with any areas of exclusive and common ownership pertaining to the flats in that block, plus any areas that are owned in common by more than just the flats in that block. The tenement steading cadastral unit is mapped on the cadastral map, and can then be used for other flats within that block.

In this example, each flat in the block has an exclusive parking space, and details of the particular parking spaces pertaining to each block is included in the Deed of Conditions. So the cadastral unit includes all parking spaces pertaining to the flats in this block.

Each flat is also sold with a 1/34th pro indiviso share to a common amenity area, and a 1 1/10th share in a common access and parking area. These were fully defined in the Deed of Conditions, and have been included in the extent of the tenement steading cadastral unit.

A pink tint has been used to show this extended tenement steading cadastral unit due to the complex nature of some of the shapes. The island sites, or holes, in this cadastral unit have cut out using the Cookie Cutter tool in the Plan Creator.

A brown edge has been used to show the extent of the development that was defined in the Deed of Conditions as the legal settler required a reference for this.

The plans references required for the rights, etc disponed with the individual flat and that fall within the extended tenement steading are shown on a grouping containing the supplementary data.

In this example, the block is tinted pink, and the parking space is tinted blue. The flat and garden ground are described verbally within the block so no plans references are provided for the flat or garden. The flat is sold with a 1/34th pro indiviso share to the common amenity area tinted yellow, and a 1 1/10th share in the common access and parking area tinted brown.

Scenario 13 - external common areas, development of more than one tenement block.

Existing 1979 Act PRs that were not mapped with a site plan extent for individual tenement blocks, but the current application adequately defines either (i) the tenement steading, or (ii) the individual block & all pertinents of that block; Deed of Conditions adequately describes the development common areas but no rights of ownership in these common areas is conveyed.

Details

The Keeper does not already have an acceptable extent on the cadastral map for the tenement steading cadastral unit - see Identifying the Tenement Steading Extent for full details of what is regarded as an acceptable existing steading extent.
Each block, and any areas of exclusive or common ownership pertaining to the flats in that block (for example, exclusive garden areas or parking space, or common drying green), can be set up as a tenement steading cadastral unit. If the extent of the block and its pertinents is defined in (i) the deed for extent, (ii) otherwise in the application (for example, by separate plan referred to in the application form), or (iii) in a Deed of Conditions, this is sufficient for the Keeper to use to set up the tenement steading cadastral unit.
The current 2012 Act application contains enough information to allow the tenement steading cadastral unit to be mapped on the cadastral map.
The current 2012 Act application can proceed using the tenement steading extent derived from the application to set up a new tenement steading cadastral unit which will be shown on the cadastral map.
If plans references are required for the extent of the individual flat, or for any of the rights or pertinents of that flat, these references will be shown on a grouping containing supplementary data. These references can include such things as a reference to the solum of the block, a reference to an exclusive parking space, or a reference to a common bin store that lies within the tenement steading extent.

If a plans reference is required for the extent of the development as defined in the Deed of Conditions, please edge with a colour other than red to avoid any confusion. This reference will be shown on the cadastral map.
Although there are areas described as, for example, common amenity ground and common parking areas in the Deed of Conditions, no rights of ownership (common or exclusive) to these areas are conveyed with the flats; instead, each flat is made responsible for a share of the maintenance, etc of these common areas.
If plans references are required for any other reference in the Deed of Conditions (for example, the burden of a share in the maintenance of a common amenity area), these plans references should be shown on the cadastral map.

example

The tenement steading cadastral unit is set up as the block, and any areas of exclusive and common ownership pertaining to the flats in that block. The tenement steading cadastral unit is mapped on the cadastral map, and can then be used for other flats within this block.

In this example, each flat has a share in the common bin store pertaining to this block. So the cadastral unit includes the block and the bin store.

A red edge has been used to show this tenement steading cadastral unit as it is a simple shape.

No rights of ownership to common areas outwith the block and the bin store were sold with the flats.

A brown edge has been used to show the extent of the development, a green tint to show the common parking areas, a blue tint to show the common access road, and a yellow tint to show the common amenity areas that were defined in the deed of conditions as the legal settler required a reference for these. These references are all shown on the cadastral map.

In this example, the flat and its pertinents within the tenement steading cadastral unit are described verbally so there is no requirement for a grouping containing supplementary data.

Scenario 14 - un-mappable external common areas, single tenement block.

No existing 1979 Act or 2012 Act PRs, but the current 2012 Act application defines the tenement steading; the application includes a right in common to a undefined shared area that is common to more than one tenement.

Details

The Keeper does not already have an acceptable extent on the cadastral map for the tenement steading cadastral unit - see Identifying the Tenement Steading Extent for full details of what is regarded as an acceptable existing steading extent.
The current 2012 Act application contains either a plan or full bounding description of the tenement steading that allows the tenement steading cadastral unit to be mapped on the cadastral map.
Depending on the decision, below, regarding the undefined shared area outwith the tenement steading, the current application may be able to proceed using the tenement steading extent defined in the application to set up a new tenement steading cadastral unit which will be shown on the cadastral map.
If plans references are required for the extent of the individual flat, or for any of the rights or pertinents of that flat, these references will be shown on a grouping containing supplementary data.

With regard to the undefined shared area that is common to more than one tenement block and therefore falls outwith those tenement steadings, unless this can be mapped onto the cadastral map the policy on unmappable common areas will be applied.
- If the deed for extent for the undefined shared area was recorded or registered before 8 December 2014, the right in common to the un-mappable common area can be omitted and the current application can continue through the registration process.
- If deed for extent for the undefined shared area was recorded or registered on or after 8 December 2014, the application should be rejected. The rejection letter that is sent out when the application is rejected includes a paragraph giving additional guidance on what is required from the applicant in scenarios such as these.

This is a simple example of this type of scenario; see Scenario 16, below, for an example in a more complex development.

example

The application describes the flat as being part of a tenement block with a right in common with the owners of all the flats in 17 tenement blocks to an undefined rear common access road. The application contains a plan delineating the tenement steading extent.

The area edged red will be mapped and set up as the tenement steading cadastral unit for all flats in that block.
As the common access road falls outwith the tenement steadings for each of the 17 blocks and it cannot be mapped on the cadastral map from the information provided to the Keeper, the right in common to it will either (i) be omitted from the title sheet for the flat, or (ii) the application to register the flat will be rejected.
In this example, the flat is sold with a 1/136th share in the undefined common access road first described in a Disposition. The Disposition was registered before 8 December 2014 so the rights in the common access road will be omitted from the title sheet for the flat but the application for registration can proceed.

Scenario 15 - un-mappable external common areas, single tenement block.

Existing 1979 Act PRs that have been mapped site plan method, and which include a verbal reference to a shared area outwith the tenement steading that is common to more than one tenement. The current 2012 Act application also includes a right in common to the undefined shared area that is common to more than one tenement.

Details

The Keeper does not already have an acceptable extent on the cadastral map for the tenement steading cadastral unit - see Identifying the Tenement Steading Extent for full details of what is regarded as an acceptable existing steading extent.
The current 2012 Act application contains either a plan or full bounding description of the tenement steading that allows the tenement steading cadastral unit to be mapped on the cadastral map.
Depending on the decision, below, regarding the undefined shared area outwith the tenement steading, the current application may be able to proceed using the tenement steading extent defined in the application to set up a new tenement steading cadastral unit which will be shown on the cadastral map.
If plans references are required for the extent of the individual flat, or for any of the rights or pertinents of that flat, these references will be shown on a grouping containing supplementary data.

With regard to the undefined shared area that is common to more than one tenement block and therefore falls outwith those tenement steadings, unless this can be mapped onto the cadastral map the policy on unmappable common areas will be applied.
- If the deed for extent for the undefined shared area was recorded or registered before 8 December 2014, the right in common to the un-mappable common area can be omitted and the current application can continue through the registration process.
- If deed for extent for the undefined shared area was recorded or registered on or after 8 December 2014, the application should be rejected. The rejection letter that is sent out when the application is rejected includes a paragraph giving additional guidance on what is required from the applicant in scenarios such as these.

This is a simple example of this type of scenario; see Scenario 16, below, for an example in a more complex development.

example

The application describes the flat as being part of a tenement block with a right in common with the owners of all other surrounding properties to the undefined pleasure grounds known as Queen Street Gardens, west portion. The PRs define the tenement steading adequately and include only a verbal reference to the pleasure ground.

The area edged red will be mapped and set up as the tenement steading cadastral unit for all flats in that block.
As the common pleasure ground falls outwith the tenement steadings for each of the concerned properties and cannot be mapped on the cadastral map from the information provided to the keeper, the right in common to it will either (i) be omitted from the title sheet for the flat, or (ii) the application to register the flat will be rejected.
In this example, the flat is sold with an undisclosed share in the undefined common pleasure ground first described in a Feu Disposition. The Feu Disposition was registered before 8 December 2014 so the rights in the common pleasure ground will be omitted from the title sheet for the flat but the application for registration can proceed.

Scenario 16 - unmappable external common areas, development of more than one tenement block.

No existing 1979 Act or 2012 Act PRs but the current application adequately defines either (i) the tenement steading, or (ii) the individual block & all pertinents of that block; the application includes a right in common to undefined shared areas that are common to more than one tenement.

Details

The Keeper does not already have an acceptable extent on the cadastral map for the tenement steading cadastral unit - see Identifying the Tenement Steading Extent for full details of what is regarded as an acceptable existing steading extent.
Each block, and any areas of exclusive or common ownership pertaining to the flats in that block (for example, exclusive garden areas or parking space, or common drying green), can be set up as a tenement steading cadastral unit. If the extent of the block and its pertinents is defined in (i) the deed for extent, (ii) otherwise in the application (for example, by separate plan referred to in the application form), or (iii) in a Deed of Conditions, this is sufficient for the Keeper to use to set up the tenement steading cadastral unit.
The current 2012 Act application contains enough information to allow the tenement steading cadastral unit to be mapped on the cadastral map.
Depending on the decision, below, regarding the undefined shared areas outwith the tenement steading, the current application may be able to proceed using the tenement steading extent defined in the application to set up a new tenement steading cadastral unit which will be shown on the cadastral map.
If plans references are required for the extent of the individual flat, or for any of the rights or pertinents of that flat, these references will be shown on a grouping containing supplementary data. These references can include such things as a reference to the solum of the block if this is smaller than the tenement steading cadastral unit, a reference to an exclusive parking space, or a reference to a common bin store that lies within the tenement steading extent.
If a plans reference is required for the extent of the development as defined in the Deed of Conditions, please edge with a colour other than red to avoid any confusion. This reference will be shown on the cadastral map.
With regard to the undefined shared areas that are common to more than one tenement and therefore fall outwith the tenement steading, unless these can be mapped onto the cadastral map the policy on unmappable common areas will be applied.
- If the deed for extent for the undefined shared area was recorded or registered before 8 December 2014, the right in common to the un-mappable common area can be omitted and the current application can continue through the registration process.
- If deed for extent for the undefined shared area was recorded or registered on or after 8 December 2014, the application should be rejected. The rejection letter that is sent out when the application is rejected includes a paragraph giving additional guidance on what is required from the applicant in scenarios such as these.

example

The plans references required for the rights, etc disponed with the individual flat and that fall within the tenement steading are shown on a grouping containing supplementary data.

As the common areas in the development that fall outwith the tenement steadings for each of the blocks cannot be mapped on the cadastral map, they will either (i) be omitted from the title sheet for the flat, or (ii) the application to register the flat will be rejected.

In this example, the flat is sold with a 1/66th share in the undefined common amenity areas referred to in the Deed of Conditions. The Deed of Conditions was recorded prior to 8 December 2014 so these rights will be omitted from the title sheet for the flat but the application for registration can proceed.

Scenario 17 - unmappable external common areas, development of more than one tenement block.

Existing 1979 Act PRs that have been mapped site plan method based on the extent of a whole development, and which include a verbal reference to a shared area that is common to more than one tenement block. The current 2012 Act application adequately defines either (i) the tenement steading, or (ii) the individual block & all pertinents of that block, and also includes a right in common to the undefined shared area that is common to more than one tenement block.

Details

The Keeper does not already have an acceptable extent on the cadastral map for the tenement steading cadastral unit - see Identifying the Tenement Steading Extent for full details of what is regarded as an acceptable existing steading extent.
Each block, and any areas of exclusive or common ownership pertaining to the flats in that block (for example, exclusive garden areas or parking space, or common drying green), can be set up as a tenement steading cadastral unit. If the extent of the block and its pertinents is defined in (i) the deed for extent, (ii) otherwise in the application (for example, by separate plan referred to in the application form), or (iii) in a Deed of Conditions, this is sufficient for the Keeper to use to set up the tenement steading cadastral unit.
The current 2012 Act application contains enough information to allow the tenement steading cadastral unit to be mapped on the cadastral map.
Depending on the decision, below, regarding the undefined shared areas outwith the tenement steading, the current application may be able to proceed using the tenement steading extent defined in the application to set up a new tenement steading cadastral unit which will be shown on the cadastral map.
If plans references are required for the extent of the individual flat, or for any of the rights or pertinents of that flat, these references will be shown on a grouping containing supplementary data. These references can include such things as a reference to the solum of the block if this is smaller than the tenement steading cadastral unit, a reference to an exclusive parking space, or a reference to a common bin store that lies within the tenement steading extent.
If a plans reference is required for the extent of the development as defined in the Deed of Conditions, please edge with a colour other than red to avoid any confusion. This reference will be shown on the cadastral map.
Where two or more 1979 Act PRs include a share in a common area (even if that share is only described verbally in the title sheets for the PRs), the transitional provisions in Schedule 4 of the 2012 Act apply so there is no requirement to create a shared plot title sheet for the common area.
With regard to the undefined shared areas that are common to more than one tenement and therefore fall outwith the tenement steading, unless these can be mapped onto the cadastral map the policy on unmappable common areas will be applied.
- If the deed for extent for the undefined shared area was recorded or registered before 8 December 2014, the right in common to the un-mappable common area can be omitted and the current application can continue through the registration process.
- If deed for extent for the undefined shared area was recorded or registered on or after 8 December 2014, the application should be rejected. The rejection letter that is sent out when the application is rejected includes a paragraph giving additional guidance on what is required from the applicant in scenarios such as these.

example

	Various flats in the development have already been registered under the 1979 Act using the site plan method of mapping. Under the 1979 Act, it was acceptable to define the site plan extent as being the extent of the whole development; under the 2012 Act this is no longer appropriate. The Keeper must now set up a tenement steading cadastral unit for each individual tenement within a development.
	The tenement steading cadastral unit is set up as the block and any areas of exclusive and common ownership pertaining to the flats in that block. The tenement steading cadastral unit is mapped on the cadastral map, and can then be used for other flats within this block. In this example, each flat in the block has an exclusive parking space, and details of the particular parking spaces pertaining to each block is included in the Deed of Conditions. So the cadastral unit includes all parking spaces pertaining to the flats in this block. A plans reference (a brown edge) has been shown on the cadastral map for the extent of the Deed of Conditions as the legal settler requires this when editing in the rights and burdens to the title sheet. (N.B. Now we are using the Plan Creator, please consider other options rather than 2 overlapping edges - perhaps use a tint for the cadastral unit, or put the deed of conditions reference on a grouping containing an additional layer (or view) of the cadastral map).
	Any plans references required for the rights, etc disponed with the individual flat and that fall within the tenement steading would be shown on a grouping containing supplementary data. In this example, the flat is tinted blue on the ground floor of the block, and the parking space is tinted pink. The flat is sold with a right in common to the common entrance hall tinted yellow. All other rights & pertinents within the tenement steading extent are described verbally in the deeds and will be included as verbal references in the title sheet.
	As the common amenity areas in the development that fall outwith the tenement steadings for each of the blocks cannot be mapped on the cadastral map, the right in common to those areas will either (i) be omitted from the title sheet for the flat, or (ii) the application to register the flat will be rejected. In this example, the flat is sold with a 1/50th share in the undefined common amenity areas referred to in the Deed of Conditions. The Deed of Conditions was recorded prior to 8 December 2014 so these rights will be omitted from the title sheet for the flat but the application for registration can proceed.

C - Tenement applications where a restricted tenement steading cadastral unit is to be set up

Scenario 18 - single tenement block.

No existing 1979 Act or 2012 Act PRs, the current 2012 Act application does not define the tenement steading extent, but the building and all rights and pertinents of the flat can be mapped from the current application.

Details

The Keeper does not already have information on the cadastral map that is sufficient to define the tenement steading cadastral unit - see Identifying the Tenement Steading Extent for full details of what is regarded as an acceptable existing steading extent.
The current 2012 Act application does not contain either a plan or full bounding description of the tenement steading.
The current 2012 Act application, however, does contain either a plan or full bounding description of the tenement building itself, and of all the rights and pertinents of the flat that are located outwith the building. The Keeper is therefore able to derive a restricted extent for a tenement steading cadastral unit that includes the building and all areas of land in which the flat being registered has an interest.
The current application can therefore proceed using the restricted tenement steading extent derived from the application to set up a new tenement steading cadastral unit which will be shown on the cadastral map.
If plans references are required for the extent of the individual flat, or for any of the rights or pertinents of that flat, these references will be shown on a grouping containing supplementary data. These references can include such things as a reference to the solum of the block, a reference to an exclusive parking space, or a reference to a common bin store that lies within the tenement steading extent.

If the current application includes a right of common to a defined shared area that is common to more than one tenement, the decision should be taken whether it is appropriate to set the common area up as a shared plot, or whether to apply the transitional provisions in schedule 4 of the 2012 Act and extend the tenement steading cadastral unit to include this area. Scenarios 9 & 10, above, include more detail on these processes.

When future applications to register other flats in this tenement are received, the Keeper may amend the extent of the tenement steading cadastral unit to include those additional areas of ground that are identified as pertaining to the flat being registered in the future application.

example

	None of the 4 flatted properties comprising the tenement block have been registered yet. The current application does not contain an extent for the full tenement steading, however it contains enough detail to allow the building and all rights and pertinents of the flat to be mapped. These will be used by the Keeper to derive a restricted extent for the tenement steading cadastral unit. The common access driveway is common to more than one tenement so will either be set up as a shared plot or mapped under the transitional provisions.
	The tenement steading cadastral unit is mapped onto the cadastral map and is shown with a red edge (or with a tint if more appropriate).
	Any plans references required for the rights, etc disponed with the individual flat and that fall within the tenement steading will be shown on a grouping containing supplementary data. In this example, the solum of the block is edged blue, the flat is tinted blue on the upper floor of the block, the parking space is tinted pink, and the exclusive garden ground is tinted yellow. The flat is sold with a right in common to the common path tinted brown. All other rights & pertinents that are described verbally in the deeds fall within the tenement steading extent and can be included as verbal references in the title sheet.
	As no other shares in the common access driveway have been registered previously, a shared plot title sheet & cadastral unit will be set up for the areas edged red.

Scenario 19 - single tenement block.

Existing 1979 Act PRs that have been mapped tinting method, the current 2012 Act application does not define the tenement steading extent, but the building and all rights and pertinents of the flat can be mapped from the current application.

Details

The Keeper does not already have information on the cadastral map that is sufficient to define the tenement steading cadastral unit - see Identifying the Tenement Steading Extent for full details of what is regarded as an acceptable existing steading extent.
The current 2012 Act application does not contain either a plan or full bounding description of the tenement steading.
The current 2012 Act application, however, does contain either a plan or full bounding description of the tenement building itself, and of all the rights and pertinents of the flat that are located outwith the building. The Keeper is therefore able to derive a restricted extent for a tenement steading cadastral unit that includes the 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 current application can therefore proceed using the restricted tenement steading extent derived from the application and the PRs to set up a new tenement steading cadastral unit which will be shown on the cadastral map.
If plans references are required for the extent of the individual flat, or for any of the rights or pertinents of that flat, these references will be shown on a grouping containing supplementary data. These references can include such things as a reference to the solum of the block, a reference to an exclusive parking space, or a reference to a common bin store that lies within the tenement steading extent.

If the current application includes a right of common to a defined shared area that is common to more than one tenement, the decision should be taken whether it is appropriate to set the common area up as a shared plot, or whether to apply the transitional provisions in schedule 4 of the 2012 Act and extend the tenement steading cadastral unit to include this area. Scenarios 9 & 10, above, include more detail on these processes.

When future applications to register other flats in this tenement are received, the Keeper may amend the extent of the tenement steading cadastral unit to include those additional areas of ground that are identified as pertaining to the flat being registered in the future application.

example

	2 of the 6 flatted properties comprising the tenement block have been registered under the 1979 Act, and have been mapped using the tinting method.
	The current application does not contain an extent for the full tenement steading, however it contains enough detail to allow the building and all rights and pertinents of the flat to be mapped. These, together with the PRs, will be used by the Keeper to derive a restricted extent for the tenement steading cadastral unit.
	The tenement steading cadastral unit is mapped onto the cadastral map and is shown with a red edge (or with a tint if more appropriate).
	Any plans references required for the rights, etc disponed with the individual flat and that fall within the tenement steading will be shown on a grouping containing supplementary data. In this example, the solum of the block is tinted pink and mauve, the flat is described verbally on the upper floor of the block, the vegetable plot is tinted blue, and the exclusive bin cupboard is tinted mauve on the ground floor. The flat is sold with a right in common to the common paths tinted yellow and brown, and a right in common to the drying green tinted green. All other rights & pertinents that are described verbally in the deeds fall within the tenement steading extent and can be included as verbal references in the title sheet.

Scenario 20 - development of more than one tenement block.

Existing 1979 Act PRs that have been mapped tinting method or site plan method based on the extent of a whole development, and which include a plans reference to a shared area that is common to more than one tenement block. The current 2012 Act application does not define the tenement steading extent, but the building and all rights and pertinents of the flat can be mapped from the current application.

Details

The Keeper does not already have information on the cadastral map that is sufficient to define the tenement steading cadastral unit - see Identifying the Tenement Steading Extent for full details of what is regarded as an acceptable existing steading extent.
The current 2012 Act application does not contain either a plan or full bounding description of the tenement steading.
The current 2012 Act application, however, does contain either a plan or full bounding description of the tenement building itself, and of all the rights and pertinents of the flat that are located outwith the building. The Keeper is therefore able to derive a restricted extent for a tenement steading cadastral unit that includes the 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 current application can therefore proceed using the restricted tenement steading extent derived from the application and the PRs to set up a new tenement steading cadastral unit which will be shown on the cadastral map.
If plans references are required for the extent of the individual flat, or for any of the rights or pertinents of that flat, these references will be shown on a grouping containing supplementary data. These references can include such things as a reference to the solum of the block, a reference to an exclusive parking space, or a reference to a common bin store that lies within the tenement steading extent.

If the current application includes a right of common to a defined shared area that is common to more than one tenement, the decision should be taken whether it is appropriate to set the common area up as a shared plot, or whether to apply the transitional provisions in schedule 4 of the 2012 Act and extend the tenement steading cadastral unit to include this area. Scenarios 9, 10, 11 & 12, above, include more detail on these processes.

When future applications to register other flats in this tenement are received, the Keeper may amend the extent of the tenement steading cadastral unit to include those additional areas of ground that are identified as pertaining to the flat being registered in the future application.

example

The current application does not contain an extent for the full tenement steading, however it contains enough detail to allow the building and all rights and pertinents of the flat to be mapped. These, together with the PRs in that block, will be used by the Keeper to derive a restricted extent for the tenement steading cadastral unit.

In this example, the block and 3 exclusive parking spaces initially comprise the restricted tenement steading cadastral unit. Each flat in the block is also sold with a 1/54th share to a common amenity area with all other flats in the development. The extent of this common area can be mapped from the application. As there are 1979 Act PRs already registered with a share in this common amenity area, the extent of the tenement steading cadastral unit is then extended to include this common area.

The tenement steading cadastral unit is mapped on the cadastral map, and can then be used for other flats within that block. A pink tint has been used to show this extended tenement steading cadastral unit due to the complex nature of some of the shapes. The island sites, or holes, in this cadastral unit have been cut out using the Cookie Cutter tool.

The plans references required for the rights, etc disponed with the individual flat and that fall within the extended tenement steading are shown on a grouping containing supplementary data.

In this example, the block is edged blue, and the parking space is tinted pink. The flat is described verbally within the block so no plans reference is provided for the flat. The flat is sold with a 1/54th pro indiviso share to the common amenity area tinted yellow.

Scenario 21 - either single tenement block or development of more than one tenement block.

No existing 1979 Act or 2012 Act PRs, the current 2012 Act application does not define the tenement steading extent, but does define the building. Verbal references to rights or pertinents of the flat that fall outwith the building.

Details

The Keeper does not already have information on the cadastral map that is sufficient to define the tenement steading cadastral unit - see Identifying the Tenement Steading Extent for full details of what is regarded as an acceptable existing steading extent.
The current 2012 Act application does not contain either a plan or full bounding description of the tenement steading.
The current 2012 Act application, however, does contain either a plan or full bounding description of the tenement building itself, and of some of the rights and pertinents of the flat that are located outwith the building.
However, the current application also includes verbalised rights to other areas owned in common with other flats in the same block, and it is apparent that these verbalised areas do not fall within either the building or those areas that are defined in the application. Therefore the current application does not contain either a plan or full bounding description of the tenement block and all pertinents (exclusive or common) of the flat; this means the Keeper cannot derive a restricted tenement steading cadastral unit on the cadastral map.
The application should be rejected.

In scenarios where the Keeper does not already have information on the cadastral map that is sufficient to define the tenement steading cadastral unit, the first 2012 Act application must provide either (i) details of the extent of the tenement steading cadastral unit, or (ii) sufficient detail for the keeper to derive a restricted tenement steading cadastral unit reflecting the tenement block and all pertinents (exclusive or common) of the flat.
The rejection letter that is sent out when the application is rejected includes a paragraph giving additional guidance on what is required from the applicant in scenarios such as these.

example

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 does not contain either a plan or full bounding description of the tenement block and all pertinents (exclusive or common) of the flat; this means the Keeper cannot derive a restricted tenement steading cadastral unit on the cadastral map.

The application should be rejected.

Scenario 22 - existing restricted tenement steading cadastral unit, current application includes rights to additional areas of ground.

Details

The Keeper already has an acceptable extent on the cadastral map for the tenement steading cadastral unit - see Identifying the Tenement Steading Extent for full details of what is regarded as an acceptable existing steading extent.
There is therefore no requirement for the current 2012 Act application to include a plan or full bounding description of the tenement steading extent.
The current 2012 Act application is to register a flat within the existing tenement steading cadastral unit, however some defined rights and pertinents (exclusive or common) of the flat fall outwith the current extent of the tenement steading.
The extent of the tenement steading cadastral unit should be expanded when mapping the current application to include the additional areas defined in the current application.
If plans references are required for the extent of the individual flat, or for any of the rights or pertinents of that flat, these references will be shown on a grouping containing supplementary data.
The Keeper is required to update any 2012 Act PRs to show 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 - please ensure that the updated extent is approved on the Plan Creator/Plan Viewer and available for MBM to copy & paste from. An LRS title note should be added by the plans settler to the current application to advise which other titles have been updated to the new tenement steading cadastral unit extent.
There is no requirement to notify the owners or agents of the 2012 Act PRs in the block as no material change has been made to their title sheets or the extent of their rights, etc.

example

A previous 2012 Act application has been registered and a restricted extent for the tenement steading cadastral unit exists on the cadastral map.

There is therefore no requirement for the current application to contain an extent for the full tenement steading. It must, however, contain enough detail to allow any additional areas of ground to be mapped and added to the existing tenement steading cadastral unit.

The current application is to register a flat that is located within the existing tenement steading cadastral unit. In addition to any rights or pertinents over ground within the existing tenement steading extent, the current application includes an exclusive right of ownership in an area of front garden ground that is adequately described in the deed for extent for the flat.

The extent of the tenement steading cadastral unit is therefore extended to include the additional area of ground identified in the current application as pertaining to a flat in the tenement.

D - Tenement applications for a flat in one tenement block with parking in another tenement block

Scenario 23 - flat or unit in one tenement block that has a garage or parking space located within another tenement block in the same development.

Details

See Further Guidance page Mapping a Flat With Parking in Another Block for 3 variations on this scenario.

Scenario 24 - flat or unit in one tenement block that has a garage or parking space located within another tenement block in another development.

Details

See Further Guidance page Mapping a Flat or House with Remote Parking or Parking in Another Development for 3 variations on this scenario.

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