Mapping Air Space and Strata

General

Cadastral units are defined in section 12(1) of the 2012 Act as being a unit which represents a single registered plot of land. Section 12(2) states that the same area of land cannot be represented by more than one cadastral unit - for the same plot of land to be registered in two cadastral units would mean that there was a competition in title to that plot of land.

However, occasionally applications will be submitted for registration that do not sit easily with section 12(2), for example, an application to register only the airspace above a plot of land, an underground section (strata) beneath the plot of land, or even a plot of ground under exception of an area of airspace. In such instances, the Keeper's policy is that these will be mapped as a cadastral unit in their own right (or to form part of a larger cadastral unit for the title being registered). This, at first glance, may appear to contravene section 12(2), because the same area of the cadastral map may look like it is in two (or more) cadastral units. However by reference to the title sheets associated with the cadastral units, it will be clear that there is no competition in title. Each cadastral unit will include or exclude only the particular section of airspace or strata described in the application. Restrictive property descriptions or restrictive notes will be used in the property section to clarify exactly what is included. The same principle can be applied to the registration of pends.

Useful links

Mapping Pends

Mapping Roof Space

Mapping Leases

Mapping Minerals Titles

All applications that specifically include or exclude air space or strata within the description of the subjects being registered are to be checked by a Plans RO1 prior to releasing the application to legal settle. A note should be added to the LRS title notes & instructions confirming the check has been undertaken. Unusual or particularly complex cases should be discussed with a Plans Senior Advisor to make sure the application is suitable for registration and that an appropriate style is being followed.

Using a height reference - Newlyn Datum & other styles

When a section or slice of airspace, or an underground strata, is being conveyed separately, the deeds are normally very specific about the precise location of the space being conveyed. When selling a plot of ground or a flat within a tenement, the physical extent of the property can often be seen "on the ground" so can easily be related to a deed/title plan or a verbal description, but with a slice of airspace it is necessary to be very specific. It should also be remembered that often airspace or strata is sold because some building or development is about to take place that will change the physical nature of the site. So to simply say you are selling the air above an existing single storey extension that might be about to be demolished and redeveloped will mean the exact location and extent of the airspace will not be readily identifiable in the future. So it is common practice to use a height reference, tied to a known base height, when describing airspace or strata in deeds and titles.

The Ordnance Datum Newlyn (ODN), also known as the Newlyn Datum, is the basis for the national height system for mainland Great Britain, and is the officially recognised mean or average measurement for sea level. Heights shown on Ordnance Survey (OS) maps are given relative to it - for example, a spot height of 243m shown on an OS map indicates that point is 243m above the Newlyn Datum (also described as Above Ordnance Datum (AOD)). The Newlyn Datum is accepted and used industry-wide by surveyors and engineers so is the most common height reference system we will see in conveyancing.

In deeds that convey underground strata or above-ground air space, it is relatively common to see the Newlyn Datum referred to in the definition of the area being conveyed. For example:

"that section of subsoil shown coloured xx on the plan annexed hereto extending downwards from the level 4.65m below Newlyn Datum to the level 9.65m below the said datum".

The description used in the deed, including any reference to Newlyn Datum or ODN, should be carried forward into the property section description of the title sheet.

Whilst it is preferable for airspace, etc titles to make use of a datum in the description of the subjects, there may be some instances where this is not provided by the applicant or a different style of verbal description is used - in such instances, please discuss the application with a senior plans advisor to ensure the application is suitable for registration. The most common other style of reference seen in deeds is a verbal description of a slice of airspace associated with a tenement property. For example, each flat in the block exclusively includes a balcony and the airspace above said balcony/below the balcony above is included verbally in the deed -

e.g. "that section of airspace at third floor level extending upwards from the third floor balcony to the base of the fourth floor balcony directly above."

Key points for plans settlers

The plans registration process for an airspace or strata title is very similar to that for the registration of an area of ground. The key points and differences are set out below:

The cadastral unit can be mapped in the same manner as cadastral units for areas of ground, using a red edge or tints depending upon which is most appropriate for the particular cadastral unit.
Strata titles may be for the separate legal tenement of minerals within a particular strata rather than the legal tenement of the land - see Mapping Minerals Titles for more guidance on minerals titles.
Air space and strata titles can include rights (such as rights of access) or be burdened by encumbrances. As with applications to register areas of ground, this information will be included in the deeds and the application form, and the same guidelines on acceptability, etc apply. See Plans references for specific rights, burdens and servitudes for more general guidance on this.
The Ownership polygons should be classified in the Plan Creator as Ownership - Strata, or Ownership - Shared if only a right in common/pro-indiviso share is being registered, depending on the right being registered; leases of airspace or underground strata will simply be classified as Lease.
The real right field in the property section of the title sheet will be Ownership or Tenancy - the fact that it is ownership or tenancy of only a particular section of airspace or underground strata is disclosed in the property description itself, not in this field.
If the title sheet is for the real right of ownership of the strata or airspace, the hectarage of the cadastral unit should be entered in the property section of the title sheet when the area of the cadastral unit is 0.5 hectares or is greater than 0.5 hectares. The hectarage of the cadastral unit is not entered if it is the tenant's interest in a lease of the cadastral unit that is being registered.
When entering the property description into the property section of an airspace or strata title sheet, careful consideration should be given to the wording of the deed. This wording should be carried forward to give a clear description of exactly what is being included in or excluded from the cadastral unit. See below for more information on use of restrictive property descriptions and restrictive notes.
If the remainder of the area of ground is already registered in the land register (for example, the ground under exception of the underground strata), this information should be included in the title notes to the legal settler on the LRS. If your application is an FR, then this information can be added to the FR Remarks to Legal template under Existing Registrations. For example, "LANxxx - land under exception of underground strata".

Description of property

If all that is being registered in an application is an area of air space or underground strata, in most instances the description of the subjects can be covered fully within the property description in the title sheet.
If, however, the application is a mixture of areas of land and areas of air space or underground strata, it may be necessary to use restrictive notes in the property section of the title sheet to clarify exactly what is included in or excluded from the cadastral unit. In such instances, separate plans references will be required for the different parts of the cadastral unit so these can be referred to in the property description and in any restrictive notes.
In some applications, it may be possible to use either a restrictive property section description or a restrictive note. If in doubt over which is the most appropriate style to follow, please consult your plans referral officer in the first instance.

Restrictive property section examples

Description in deed	Mapping style of cadastral unit	Property description in title sheet
"...that section of airspace at Burnham Road, Glasgow shown coloured blue on the plan annexed hereto and measuring upwards from the level 5.5m above Newlyn Datum to the level 8.0m above the said datum containing the bed, surface and parapets of the bridge above the railway track..."	cadastral unit mapped with red edge	Subjects cadastral unit GLAxxx being that section of airspace at BURNHAM ROAD, GLASGOW edged red on the cadastral map and measuring upwards from the level 5.5m above Newlyn Datum to the level 8.0m above the said datum containing the bed, surface and parapets of the bridge above the railway track Classification - Ownership - Strata
"...that area of ground at Burnham Road, Glasgow shown coloured blue on the plan annexed hereto but excepting therefrom the airspace measuring upwards from the level 5.5m above Newlyn Datum to the level 8.0m above the said datum containing the bed, surface and parapets of the bridge above the railway track..."	cadastral unit mapped with red edge	Subjects cadastral unit GLAxxx being an area of ground at BURNHAM ROAD, GLASGOW edged red on the cadastral map under exception of the airspace measuring upwards from the level 5.5m above Newlyn Datum to the level 8.0m above the said datum containing the bed, surface and parapets of the bridge above the railway track Classification - Ownership - Exclusive
"...(first) the hotel and associated ground known as Airport Hotel, Argyll Road, Dyce, Aberdeen delineated in red on the plan annexed hereto, and (second) the area of ground delineated in blue on the said plan under exception of the sub-soil lying between the depths of 10m and 20m below the mean ground surface ..."	cadastral unit mapped with red edge and blue tint for the exception	Subjects cadastral unit ABNxxx AIRPORT HOTEL, ARGYLL ROAD, DYCE, ABERDEEN AB1 11A edged red on the cadastral map under exception of the sub-soil lying tinted blue on the cadastral map between the depths of 10m and 20m below the mean ground surface, all measuring 2.14 hectares in measurement on the Ordnance map Classification cadastral unit, red edge - Ownership - Exclusive excepted strata, blue tint - Exception
"...that semi-detached dwellinghouse 58 Jacob's Road, Stornaway coloured red on the plan annexed hereto, with the airspace above the single storey extension coloured green on the said plan located at the rear of 60 Jacob's Road which comprises the airspace extending upwards from the flat roof of the said extension, the height of which is measured at 131.45m above the Ordnance Datum Newlyn..."	cadastral unit mapped with pink and blue tints	Subjects cadastral unit ROSxxx 58 JACOB'S ROAD, STORNAWAY tinted pink on the cadastral map with the airspace above the single storey extension tinted blue on the cadastral map plan located at the rear of 60 Jacob's Road which comprises the airspace extending upwards from the flat roof of the said extension, the height of which is measured at 131.45m above the Ordnance Datum Newlyn Classification cadastral unit, pink tint - Ownership - Exclusive air space, blue tint - Ownership - Strata

Restrictive note examples

Depending on the particular details of the application, either a positive restrictive note or a negative restrictive note may be used to define the exact extent of the subjects included in the cadastral unit.

(for example, "As to the part tinted x, only the airspace between [description from deed] is included in this cadastral unit"); or a negative restrictive note (for example, "As to the part tinted x, the airspace between [description from deed] is not included in this cadastral unit") may be used.

Description in deed

Mapping style of cadastral unit

Extract from cadastral map

Property description in title sheet

Restrictive note

"...the hotel and associated ground known as Airport Hotel, Argyll Road, Dyce, Aberdeen delineated in blue on the plan annexed hereto under exception of the area of sub-soil lying between the depths of 10m and 20m below the mean ground surface and shown hatched in black on the said plan..."

cadastral unit mapped with red edge, with a separate plans reference for the excepted area of sub-soil

Subjects cadastral unit ABNxxx AIRPORT HOTEL, ARGYLL ROAD, DYCE, ABERDEEN AB1 11A edged red on the cadastral map and measuring 2.14 hectares in measurement on the Ordnance map

Classification

cadastral unit, red edge - Ownership - Exclusive

excepted strata, blue tint - Exception

As to the part tinted blue on the cadastral map, the sub-soil lying between the depths of 10m and 20m below the mean ground surface is not included in this cadastral unit.

"...(first) the hotel and associated ground known as Airport Hotel, Argyll Road, Dyce, Aberdeen delineated in red on the plan annexed hereto, and (second) the area of ground delineated in blue on the said plan under exception of the sub-soil lying between the depths of 10m and 20m below the mean ground surface ..."

cadastral unit mapped with pink and blue tints

Subjects cadastral unit ABNxxx AIRPORT HOTEL, ARGYLL ROAD, DYCE, ABERDEEN AB1 11A tinted pink and blue on the cadastral map and measuring 2.14 hectares in measurement on the Ordnance map

Classification

cadastral unit,pink and blue tints - Ownership - Exclusive

In the Plan Creator, if a reference is used for two purposes, the ownership would take priority for classification purposes. It may be more appropriate however to change the mapping style or to use groupings to remove double referencing in some instances.

As to the part tinted blue on the cadastral map, the sub-soil lying between the depths of 10m and 20m below the mean ground surface is not included in this cadastral unit.

"...58 Jacob's Road, Stornaway coloured red and green on the plan annexed hereto, declaring that as to the part coloured green on the same plan, only the airspace above the single storey extension located at the rear of 60 Jacob's Road is hereby disponed, which airspace extends upwards from a height measured at 131.45m above the Ordnance Datum Newlyn..."

cadastral unit mapped with pink and blue tints

Subjects cadastral unit ROSxxx 58 JACOB'S ROAD, STORNAWAY tinted pink and blue on the cadastral map

Classification

cadastral unit, pink tint - Ownership - Exclusive

air space, blue tint - Ownership - Strata

As to the part tinted blue on the cadastral map, only the airspace above the single storey extension located at the rear of 60 Jacob's Road is included in this cadastral unit, which airspace extends upwards from a height measured at 131.45m above the Ordnance Datum Newlyn.

Elevation plans

Occasionally an application will be received that includes elevation or sectional plans of the airspace or strata as well as showing the footprint of the area on a normal deed plan. Depending on the particular scenario, it may be necessary for the plans settler to do something with these.

If the application is a lease, no specific action needs to be taken by the plans settler with regard to these since the whole lease, including any plans, will be incorporated into the title sheet by reference to that deed in the archive record.
If the application is a disposition, and no specific reference is made to these in the text of the deed, no action needs to be taken by the plans settler with regard to these.
If, however, the application is a disposition and a specific reference is made to an elevation or sectional plan in the text of the deed, action by the plans settler is required. All applications that make specific reference to elevation plans, etc must be referred to a plans RO1 for consideration and guidance on the wording of the note, etc.
- The information shown on the elevation plan will not be shown on the cadastral map, and the said elevation plan should not be referred to in the property description in the title sheet - section 6(1)(a)(i) of the 2012 Act sets out that the property description should be by reference to the cadastral map. However, to not include the detail on the plans in the title sheet in some way would be to lose some of the additional information contained in the deed. Therefore, the elevation plan should be incorporated into the title sheet in terms of section 10(3)(a) or (b) of the Land Registration etc. (Scotland) Act 2012.
- Add a title note to the LRS asking the legal settler to do this is to be been done (including details of the relevant page or plan number if there are several in the deed). Details of the process and the style of notes to be added by the legal settler can be found within the main Burdens Section legal guidance page.
- Example note:

"A copy of the elevation plan annexed to [Deed type] by [A to B], [in entry x of the burdens section or registered or recorded G.R.S (County) [dd mmm yyyy] showing [elevation drawings] of the [xxxxxxx] is incorporated in the title sheet in terms of section 10(3)(a) of the Land Registration etc. (Scotland) Act 2012."