Complete Sharing Plot Application - Legal Settle
Process Steps
Additional Information
1.1 Take on the sharing plot application(s) on LRS (FR/TP/FA/TA/VR/VA).
1.1.1 This action will also automatically take on any linked applications.
1.2 Complete the initial examination and examine live deed processes as normal.
1.2.1 Check that the "Additional Information" field on the application workdesk provides the shared plot title number.
1.3 Complete an application record address search and identify if there is a pending application to register any of the other related sharing plots. Request any additional applications from support and settle if it is appropriate to do so.
1.3.1 If the information contained in the DIR or any of the other historical deeds is insufficient to identify the addresses of all the other primary plots that have a share in the shared plot title refer to a senior officer.
The sharing plots must be completed in date order. If an FS or TS application has been created for the sharing plot undergoing registration, but there is an earlier application to register a related sharing plot refer to a senior officer.
1.4 Complete any parent title, registered proprietor and advance notice checks as normal for TP or DW applications.
1.5 Complete the proprietorship section following the normal process.
1.6 Complete any sasine and advance notice searches as normal for FR applications.
1.7 Complete the securities section following the normal process.
1.7.1 If a standard security/charge or ranking agreement affects both the sharing plot title and the shared plot title, to the extent pertaining to the sharing plot title undergoing registration, the standard security/charge or ranking agreement entry should be included in the securities section for the sharing plot title sheet only.
1.7.2 If a standard security/charge or ranking agreement affects the shared plot title only to the extent of the whole ownership (e.g. a new security granted by all the proprietors of the shared plot or a historical security granted by the owners of the common area) the standard security/charge or ranking agreement entry should be entered in the securities section of the shared plot title sheet only.
1.7.3 If a standard security/charge or ranking agreement specifically excepts the shared plot title the standard security/charge or ranking agreement entry should be included in the securities section for the sharing plot title sheet only and additional text should be added to indicate which parts are excepted.
Standard Security by the said John Smith and Julia Smith to First Loans, 1 High Street, Aberdeen. Registered in Scotland over the subjects in this title under exception of the mutual driveway forming cadastral unit ANB12345.
Standard Security by the said Tony Hobbs and Jenny Hobbs to Secondary Loans, 24 High Street, Aberdeen. Registered in Scotland over the subjects in this title under exception of that part of cadastral unit ABN65432 tinted blue on the cadastral map.
1.8 Complete the burdens section following the normal process. Include any reference to the shared plot title/cadastral unit if necessary.
Entry added to sharing plot burdens section with reference to shared plot
The disponees will be bound to pay an equal share of the cost of the repair and maintenance of the common amenity ground and shared parking area forming those parts of cadastral unit MID654321 tinted blue and yellow respectively on the cadastral map.
The disponees will be bound to pay an equal share of the cost of maintenance of the common playpark forming cadastral unit MID98765.
The disponees will be bound to maintain the common amenity ground tinted pink on the cadastral map and the common access roadway serving the development forming cadastral unit MID43251 in a neat and tidy conditions.
(* in these examples MID654321, MID98765 and MID43251 are the shared plots)
1.8.1 If a burdens deed affects the sharing plot and the shared plot, the burdens deed should be included in its entirety in the burdens section of the sharing plot title sheet only. The burdens entry should include any reference to the shared plot title/cadastral unit, if necessary.
1.8.2 If a burdens deed affects the extent of the shared plot title to the extent of the whole ownership (e.g. a new burdens deed granted by all the proprietors of the shared plot or a historical deed which burdened the whole plot before it was owned in common) and does not affect the sharing plot the burdens deed should be entered in the burdens section of the shared plot title sheet only.
In most cases a Deed of Conditions will be added to the burdens section of the sharing plot title sheet and can be omitted from the burdens section of the shared plot title sheet.
The plans settler may show all the references that relate to the Deed of Conditions on the sharing plot cadastral unit. However, any specific burdens references affecting the shared plot must also be shown on the shared plot cadastral unit, preferably using the same colour reference as is used on the sharing plot cadastral unit.
The entry for the Deed of Conditions in the burdens section of the sharing plot title sheet should then cross refer to the references on both the sharing and the shared plot cadastral units. This may be achieved by editing the entry to cross refer to the references on both the sharing and the shared plot cadastral units,
For example:
'......a servitude right over that part of the Development tinted yellow on the cadastral map and tinted yellow on cadastral unit *MID12345'
or by using a footnote to the entry,
'..... a servitude right over that part of the Development tinted yellow on the cadastral map.......
Note: The said area tinted yellow on the cadastral map has, in so far as affecting shared plot title *MID12345, been tinted yellow on the cadastral map for cadastral unit MID12345'.
(*In both the examples above MID12345 is the shared plot).
1.9 Complete the property section following the normal process.
1.9.1 For the avoidance of doubt the inclusion of the shared plot schedule in the property section is sufficient and no further wording is required in the property description (i.e. the following wording is not required 'Together with the shared plot registered under...' or 'Together with the shared plots detailed in the schedule below').
1.10 In the title workdesk click on 'View Version' and check the entry in the shared plot schedule in the property section is correct.
1.10.1 Check that the correct quantum share has been identified from the DIR/historical conveyancing deed/application form.
1.10.2 If any amendment to the shared plot schedule is required refer to plans. This is necessary to ensure any DMS casenotes are also updated.
1.10.3 If it is identified that the shared plot application is not required (e.g. the lead application is being rejected or the shared plot application has been created in error) refer to the instructions to cancel the shared plot application.
This is the stop point for the sharing plot application. The shared plot application and any parent title application must be completed before proceeding to confirm the application.
Additional TA/FA Considerations
2.1 In the proprietorship section of the sharing plot title sheet add any entry as required and amend the existing entry to include any reference to the sharing and shared plots if necessary.
Proprietorship section entry prior to FA/TA
| Proprietors | Date Reg. | Notes | Consideration | Entry date |
|---|---|---|---|---|
| John Smith 13 Main Street, Edinburgh EH1 2ER | 01/01/2015 | £100,000 | 10/12/2014 |
Proprietorship section entry after FA/TA
Example of additional ground being added to registered title
| Proprietors | Date Reg. | Notes | Consideration | Entry date |
|---|---|---|---|---|
| John Smith 13 Main Street, Edinburgh EH1 2ER | 01/01/2015 | that part of cadastral unit MID12345 tinted pink on the cadastral map and a 1/20 share of that part of cadastral unit MID654321 tinted blue on the cadastral map | £100,000 | 10/12/2014 |
| 23/03/2015 | that part of cadastral unit MID12345 tinted blue on the cadastral map and a 1/20 share of that part of cadastral unit MID654321 tinted yellow on the cadastral map | £5,000 | 01/03/2015 |
Example of additional ground with additional share being added to registered title
| Proprietors | Date Reg. | Notes | Consideration | Entry date |
|---|---|---|---|---|
| John Smith 13 Main Street, Edinburgh EH1 2ER | 01/01/2015 | that part of cadastral unit MID12345 tinted pink on the cadastral map and a 1/20 share of that part of cadastral unit MID654321 tinted blue on the cadastral map | £100,000 | 10/12/2014 |
| 23/03/2015 | that part of cadastral unit MID12345 tinted blue on the cadastral map and a 1/20 share of that part of cadastral unit MID654321 tinted blue on the cadastral map | £5,000 | 01/03/2015 |
(*in this example MID12345 is the sharing plot and MID654321 is the shared plot)
2.2 In the securities section of the sharing plot title sheet, add any entry as required and amend the existing entry to include any reference to the sharing and shared plots if necessary.
Securities section entry prior to FA/TA
| Security Details | Date Reg. |
|---|---|
| Standard security by said JOHN SMITH to BANK OF SCOTLAND PLC incorporated under the Companies Acts (Company Number SC327000), Halifax Division, 1 Lovell Park Road, Leeds, West Yorkshire LS1 1NS | 01/01/2015 |
Securities section entry after FA/TA
Example of additional ground and additional standard security being added to registered title
| Security Details | Date Reg. | Notes |
|---|---|---|
| Standard security by said JOHN SMITH to BANK OF SCOTLAND PLC incorporated under the Companies Acts (Company Number SC327000), Halifax Division, 1 Lovell Park Road, Leeds, West Yorkshire LS1 1NS | 01/01/2015 | This security is over that part of cadastral unit MID12345 tinted pink on the cadastral map and a 1/20 share of that part of cadastral unit MID654321 tinted blue on the cadastral map |
| Standard security by said JOHN SMITH to MORTGAGE WORKS (UK) PLC incorporated under the Companies Acts (Company Number 02222856), Registered Office Nationwide, Pipers Way, Swindon, Wiltshire SN38 2NW | 23/03/2015 | This security is over that part of cadastral unit MID12345 tinted blue on the cadastral map and a 1/20 share of that part of cadastral unit MID654321 tinted yellow on the cadastral map |
Example of additional ground with additional share and additional standard security being added to registered title
| Security Details | Date Reg. | Notes |
|---|---|---|
| Standard security by said JOHN SMITH to BANK OF SCOTLAND PLC incorporated under the Companies Acts (Company Number SC327000), Halifax Division, 1 Lovell Park Road, Leeds, West Yorkshire LS1 1NS | 01/01/2015 | This security is over that part of cadastral unit MID12345 tinted pink on the cadastral map and a 1/20 share of that part of cadastral unit MID654321 tinted blue on the cadastral map |
| Standard security by said JOHN SMITH to MORTGAGE WORKS (UK) PLC incorporated under the Companies Acts (Company Number 02222856), Registered Office Nationwide, Pipers Way, Swindon, Wiltshire SN38 2NW | 23/03/2015 | This security is over that part of cadastral unit MID12345 tinted blue on the cadastral map and a further 1/20 share of that part of cadastral unit MID654321 tinted blue on the cadastral map |
(*in this example MID12345 is the sharing plot and MID654321 is the shared plot)
2.3 In the burdens section of the sharing plot title sheet, add any entry as required and amend the existing entry(ies) to include any reference to the sharing and shared plots if necessary.
Burdens section entry prior to FA/TA
Entry 1
Disposition by Ayrshire Council to John Smith and his assignees, registered 1 Jan. 2015, of 13 Main Street, Edinburgh, being the subjects in this Title, contains the following real burdens and servitudes:
Part I
"Retained Property" means the development at Main Street, Edinburgh under exception of the conveyed property.
"Conveyed Property" means the subjects 13 Main Street, Edinburgh hereby disponed
Part II
The following real burdens are imposed on the conveyed property for the benefit of the retained property
1.1 The proprietor of the conveyed property shall be responsible for a 1/20 share of the cost of the maintenance and repairs of the common access road forming cadastral unit number MID654321.
Burdens section entry after FA/TA
Example of additional ground being added to registered title
Entry 1
Entry 2:
Example of additional ground with additional share being added to registered title
Entry 1
Entry 2:
2.4 In the property section of the sharing plot title sheet add any schedules, notes or rights as required and amend any existing information to include reference to the sharing and shared plots if necessary.
2.4.1 Any reference to the sharing plot title number in the title sheet is assumed, without express reference, to include the shared plot title.
Next: Complete Shared Plot Application (FR/FA applications) or Complete Parent Title Update (TP/TA applications)
Registers of Scotland (RoS) seeks to ensure that the information published in the 2012 Act Registration Manual is up to date and accurate but it may be amended from time to time.
The Manual is an internal document intended for RoS staff only. The information in the Manual does not constitute legal or professional advice and RoS cannot accept any liability for actions arising from its use.
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