Intake Considerations

Initial examination of a deed that makes reference to a common area

No consideration is required at intake as to whether the common area will be designated a shared plot. The plans officer will consider if the common area meets the requirements of Section 17 of the 2012 Act and will designate the common area a shared plot where the requirements are met.

No consideration is required at intake as to whether the extent of the common area can be mapped or whether the quantum share or the other properties that have a share in the common area have been identified. The plans officer will identify if the application is appropriate or whether the application must be rejected.

It is not necessary that the deed makes reference to the title number of the shared plot if the common area has been designated a shared plot, but the deed must identify the common area by reference to a plan, a full bounding description or by a suitable description that makes reference to the sharing plot title number (the plot to which the common area is a pertinent to).

How to identify a shared or sharing plot title

Refer to the Shared and Sharing Plots guidance page.

Creating shared and sharing plot applications

Intake officers must not create an application over a shared plot title unless instructed by a referral officer.

The following error message will appear if a shared plot title number is entered during the process of creating an application on LRS.

Where this message appears, the intake officer must refer the application to a referral officer before proceeding. If the referral officer confirms that it is appropriate to proceed, 'Yes' can be selected and the process of creating the application on LRS over the shared plot can proceed.

Pending applications over a shared plot

First Share (FS), Transfer Share (TS) and Add Share (AS) applications are created by the plans officer where a deed conveys/leases a share in a common area that has been designated a shared plot. Occasionally, a plans officer will create a TU application for a shared plot title.

Intake must not attach any applications to pending FS, TS, AS or TU shared plot applications.

Processes

Conveyance of a Plot with a Share in a Common Area

No consideration is required as to whether the common area is a registered shared plot or whether the deed inducing registration will result in the common area being designated a shared plot. The appropriate application should be created for the main plot as normal (i.e. TP, FR, DW, TA or FA). Any subsequent applications required in respect of the common area will be created at the plans settle stage.

Conveyance of a Share in a Common Area Only

Initial Examination

1.1 Identify if the common area is a shared plot.

1.1.1 If a title number has been provided examine the title sheet to identify if the common area is a shared plot.

1.1.2 If a title number has not been provided refer to plans to confirm if the common area is a registered plot and confirm if the plot is a shared plot.

1.2 Identify if the share being conveyed is a registered share.

- Where the share is an unregistered share, a sasine reference must be provided.
- Where the share is a registered share, the title number of the main plot conveying the share (the sharing plot) or the title number of the shared plot must be provided.

1.3 Identify if the common area is being conveyed to the proprietor of a registered plot as a pertinent to that plot.

1.3.1 The applicant may have requested in the application that the share is added/amalgamated to an existing registered title.

1.3.2 The deed, application form or other correspondence may indicate that the share is a pertinent to an existing registered title.

When to Create a TA Application using the Shared Plot Title Number

The common area is a registered shared plot.
The share being conveyed is a registered share in the shared plot.
The common area will not be a pertinent to a registered plot.

The TA application is created using the shared plot title number. The parent title number is the title number of the sharing plot (the main plot) that is conveying the share

Example

MID2 is a shared access path (the shared plot) which is a pertinent to house plot 54 Main Street registered under MID1 and 56 Main Street registered under MID3 (the sharing plots). The proprietor of 54 Main Street owns a 2/3 share in MID2 and the proprietor of 56 Main Street owns a 1/3 share in MID2. The proprietor of 54 Main Street conveys a 1/3 share in MID2 to the proprietor of 52 Main Street. 52 Main Street has not been registered in the Land Register and is not currently undergoing registration.

Create TA application on LRS to MID2. The parent title number is MID1.

When to Create an FA Application using the Shared Plot Title Number

The common area is a registered shared plot.
The share being conveyed is an unregistered share in the shared plot.
The common area will not be a pertinent to a registered plot.

Example

MID7 is a shared parking area (the shared plot) which is a pertinent to the commercial premises known as shop 1 registered under MID6, shop 2 registered under MID8 and shop 3 registered under MID9 (the sharing plots). Each shop has a 1/6 registered share in MID7. The proprietor of shop 6, which is an unregistered plot, conveys their unregistered 1/6 share in the parking area to the proprietor of shop 5. Shop 5 has not been registered in the Land Register and is not currently undergoing registration.

Create FA application on LRS to MID7.

When to Create a TP Application

The common area is not a registered shared plot.
The common area forms part of a registered title.
The common area is not a pertinent to a registered plot.

Example

MID10 is a housing development at Newmains Way. The proprietor of Newmains Way conveys a 1/100 share in the access road at Newmains Way to the proprietor of 48 Newmains Avenue. 48 Newmains Avenue does not form part of the development at Newmains Way and is an unregistered plot.

Create TP application on LRS using MID10 as the parent title number.

When to Create an FR Application

The common area is not a registered shared plot.
The common area does not form part of a registered title.
The common area is not a pertinent to a registered plot.

Example

The proprietor of 14 West Way conveys a 1/2 share in a mutual driveway to the proprietor of 12 West Way. Both 14 West Way and 12 West Way and the mutual driveway are unregistered plots.

Create FR application on LRS

When to Create a TA Application into Existing Registered Plot

The common area is not a registered shared plot.
The common area forms part of a registered title.
The common area is a pertinent to a registered plot.

Example

MID50 is a development at High Rise Place. The proprietor of MID50 conveys a 1/2 share in a mutual pathway to the proprietor of 12 High Rise Place registered under MID126.

Create TA application on LRS to MID126. The parent title number is MID50.

When to Create an FA Application into Existing Registered Plot

The common area is not a registered shared plot.
The common area does not form part of a registered title.
The common area is a pertinent to a registered plot.

Example

The proprietor of 15 Wells Road conveys a 1/3 share in the garden ground to the rear of the property to the proprietor of 17 Wells Road. 15 Wells Road and the garden ground are both unregistered plots and 17 Wells Road is registered under MID15.

Create FA application on LRS to MID15.

When to Create a DW Application for a Shared Plot Title

The deed does not transfer title of the shared plot (i.e.not a disposition or lease).

The deed must only affect the whole or part of the extent of the shared plot (i.e. it does not affect any other plots).

The deed is granted by all the registered and recorded proprietors of the shared plot to the extent of the full ownership (i.e. the deed does not affect the plot to the extent of a share only).

The deed must narrate the title number of the shared plot.

Browser not supported