Plans Settle Considerations

Consider if:

all the existing references and any new references can be shown on a single cadastral unit

the amalgamation will result in a manageable sized cadastral unit

Legal Settle Considerations

Consider if:

the amalgamation will result in a manageable sized and readable title sheet

the proprietors that hold title to each plot have the same destinations - refer to senior caseworker if destinations are different

the proprietors that hold title to each plot hold title in the same capacity - refer to senior caseworker if title is held in different capacities

Other Considerations

Consider if:

amalgamation or an "add to" application is a requirement under the 2012 Act

there any pending applications, including advance notices that would indicate that amalgamation is not appropriate

there are any pending applications that would become superfluous and would require cancellation as a result of amalgamation

the amalgamated plots will continue to be transacted on as a single cadastral unit in the future

the amalgamated plots will not continue to be transacted on as a single cadastral unit in the future but will be split into additional cadastral units is there still a benefit to the amalgamation taking place prior to future transactions
the most appropriate title sheet been selected as the continuing title sheet to minimise the plans/legal work involved

the overall benefits of combining the plots outweigh the administrative costs of any additional plans/legal work

1.2 If it is not appropriate to proceed with the amalgamation request add N&I to the title workdesk for all the relevant applications and and return to plans/legal settler with appropriate instructions. The 'LR52 - Titles Not Being Amalgamated' letter must be completed with the appropriate reason and sent immediately to confirm amalgamation will not proceed.

1.3 If amalgamation is to proceed complete the Legal Examination & Instructions to Plans Settler procedures below.

Legal Examination & Instructions to Plans Settler

Legal Examination

Examine the cadastral map and the title sheets for the registered title(s) and any pending application(s) undergoing registration and identify any references which require to be transferred or added to the cadastral map for the continuing title.

Identify any servitudes which may be reciprocal among the amalgamated titles (e.g. a servitude right of access in favour of property A over property B may be extinguished if both properties come under the same ownership), and refer to a senior caseworker to confirm that the title is held by the same parties acting in the same capacity and, consequently, whether it is appropriate to remove/omit details of the servitude and any related burdens from the continuing title sheet.

Consider any obsolete burdens that should be omitted/removed from the burdens section and any references that relate to the obsolete burdens that should be removed from the cadastral map.

Check whether the agent has narrated any existing burdens that will no longer be effective on amalgamation and identify any references in relation to those burdens that should be removed from the cadastral map. For the avoidance of doubt only the burdens narrated by the agent or any obsolete burdens or any burdens relating to extinguished servitudes, as instructed by a senior caseworker, should be removed/omitted.

Consider whether the amalgamation will result in an area owned in common being owned exclusively.

Consider whether transitional provisions apply for shares in a common area that were registered prior to 8 Dec. 2014.

Identify if there is a pending application for each title involved in the amalgamation or arrange for a TU to be created as necessary and add application workdesk N&I to state that the TU is for amalgamation purposes.
Identify whether any of the titles involved have an existing share in a shared plot or if on registration of any application undergoing registration any title will have a share in a shared plot and refer to a senior adviser.

Instructions to Plans Settler

Add full instructions to the title workdesk N&I for the plans settler of:

any existing references on the cadastral map for the closing title cadastral unit that require to be transferred to the cadastral map for the continuing title cadastral unit
any existing references that require amended, removed or supplemented
any additional references required in respect of any applications undergoing registration
any amendments required in relation to common areas
any amendments required to make the continuing title 2012 compliant

Browser not supported