Complete Shared Plot Application - Legal Settle
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1.1 Open the shared plot application on LRS.
1.1.1 Check that the "Additional Information" field on the application workdesk provides the sharing plot title number(s)
1.2 In the title workdesk click on 'View Version' and check the sharing plot schedule in the proprietorship section is correct.
1.2.1 Where there are any existing entries in the schedule check the share has been entered in the same format as the existing entries.
1.2.2 Check the total shares do not exceed 100%.
1.2.3 TP applications - if a consecutive run of TP + AS applications is being completed the plans settler may have used a single application over the PT to update the PT residual share to end result and this should be linked to the final TP in the run. The run must all be completed on the same day. See 'Completing a Consecutive Run of TPs with Shared Plot Application' details below.
Where a consecutive run of TP + AS applications is being completed in which each TP is conveyed a share in the shared plot from the same PT, a single application over the PT may be used to update the PT share details but only if all the applications will be despatch completed on the same day. The legal settler must ensure that the shares in the final title version of the shared plot (i.e. the final AS in the run) are correct and that all the applications are registered on the same day.
To minimise the risk of errors and to ensure the legal settler is in a position to complete all the cases on the same day it is recommended that a maximum run of 5 x TP/AS applications with a single PT application are plans settled and passed to legal before proceeding further. Once those 5 cases have been despatch completed the next run of 5 x TP/AS applications with a PT application can be plans settled and passed to legal.
Example
In the following example titles LAN219891 and LAN219892 are registered and each have a 1/17 share in shared plot title LAN219893. The PT LAN16111 has the remaining 15/17 share. AS applications are then created for each of the subsequent TPs as follows:
1) AS1 is created using (TP1) LAN219894. No amendment is made to the PT share. On viewing AS1 the title sheet looks like this. You will note that the total shares equate to 18/17 because the PT share has not been amended.
2) AS2 is created using (TP2) LAN219895. Again, no amendment is made to the PT share. On viewing AS2 the title sheet looks like this. You will note that the total shares now equate to 19/17.
3) AS3 is created using (TP3) LAN219896. Again, no amendment is made to the PT share. On viewing AS3 the title sheet looks like this. You will note that the total shares now equate to 20/17.
4) AS4 is created using (TP4) LAN219897. Again, no amendment is made to the PT share. On viewing AS4 the title sheet looks like this. You will note that the total shares now equate to 21/17.
5) The PT share can now be amended using a single application over the PT to show the end result of the 4 x 1/17 shares that have been removed from the PT and this is linked with AS4 and TP4.
On viewing the PT application the share now looks like this.
On viewing AS4 the title sheet now looks like this.
6) The shares in the other AS applications will still look incorrect, but as long as TP1 + AS1, TP2 + AS2, TP3 + AS3 and TP4 + AS4 + TU/PT are all registered on the same day then the notifications and registers direct will all pick up the latest registered version of the shared plot title which is the version created by TP4 + AS4 + TU/PT.
1.2.4 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.
1.3 Complete the securities section, if necessary.
1.3.1 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. If the shared plot application undergoing registration is the addition of a share to a registered shared plot title (AS application) refer to a senior officer to consider if it is appropriate to add the historical deed.
1.3.2 If there is a new standard security/charge or ranking agreement undergoing registration that only affects the shared plot title to the extent of the full ownership of the shared plot title (i.e. granted by all the proprietors of the shared plot) refer to senior adviser.
1.4 Complete the burdens section, if necessary.
1.4.1 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. If the shared plot application undergoing registration is the addition of a share to a registered shared plot title (AS application) refer to a senior officer to consider if it is appropriate to add the historical deed.
1.4.2 If there is a new burdens deed undergoing registration that only affects the shared plot title to the extent of the full ownership of the shared plot title (i.e. granted by all the proprietors of the shared plot) refer to senior adviser.
1.5 Open the property section
1.6 Check the First Reg. date. Amend or refer if necessary.
1.6.1 For an FS or Sasine AS application the date must be the same as the registration date of the first sharing plot application.
An application record search must have been completed to identify if there is an earlier application to register any other related sharing plot application. The sharing plots must be completed in date order and the First Reg. date must be the same as the date of registration of the first sharing plot submitted for registration.
1.6.2 For a TS application the date must be the same as the First Reg. date of the parent title from which the shared plot is being removed.
1.6.3 If the shared plot application undergoing registration is the addition of a share to a registered shared plot title (AS application) refer to a senior officer to consider if an amendment is required to the First Reg. date.
1.7 Check the TS Update date (Date Title Sheet Updated to Date) and amend if necessary.
1.7.1 The date should be the same as the date of registration of the sharing plot (FR/TP/VR/TA/FA/VA) undergoing registration or, if applicable, the date of registration of any DW over the shared plot title.
1.8 Check the subjects description. The description must include reference to the cadastral unit number and, if applicable, the hectarage.
1.8.1 If there is any additional information contained in the deeds undergoing registration or if an amendment is required to the subjects description add a note to the title workdesk and refer to plans.
1.9 If the shared plot title is the benefited property in respect of any real burdens contained in a historical burdens deed or any new burdens deed undergoing registration that has only been included in the burdens section for the shared plot title consider whether to include a schedule of enforcement rights and TCA property section note.
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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