Shared and Sharing Plots Guidance

General

A new feature of land registration under the 2012 Act is the creation of shared plot title sheets. Section 17 of the 2012 Act allows the Keeper to create a shared plot title sheet when a plot of land is owned in common by the proprietors of two or more other plots of land by virtue of their ownership of those other plots. Where a common area is designated a shared plot the other plots of land which have a share of ownership in the shared plot are known as the sharing plots

In other words, if the owners of the forty houses in a development each own a 1/40 pro indiviso share in the common amenity area of the development, the Keeper can set up a shared plot title sheet for the amenity area when the first house is submitted for first registration in the Land Register as it is owned in common by virtue of the ownership of the houses. When the forty houses are registered together with the 1/40 pro indiviso share in the amenity area (the shared plot) pertaining to each house, the houses will become the sharing plots.

These common areas often previously appeared in more than one title sheet, meaning that when viewing the cadastral map it was unclear who the owners of that area of land were. By creating a shared plot title sheet, the cadastral unit for the common amenity area will only be registered in one title sheet, thus giving a clearer picture of ownership on the cadastral map.

Shared plots should be distinguished from pertinents of the property however, such as common paths, mutual driveways, shared gardens and back courtyards or communal bin stores. The decision as to whether or not something is a pertinent will depend on the circumstances of each case. By way of general guidance if an area of ground is intrinsic to the use and enjoyment of the primary plot, such as a shared path or common driveway, or in some way performs a function that enhances the use of the primary plot, such as a bin or cycle store, then the same is likely to be considered a pertinent of such property. These examples are not exclusive however and if in doubt registration officers should seek further guidance from their referral point.

Unless there is a specific statutory exception, such as the exception in schedule 4 paragraph 10 of the 2012 Act in relation to transitional provisions or in section 16(2)(b) of the Act in relation to tenements and other flatted buildings for example, then the quantum of a share in a common area should be narrated in the deed inducing registration.

For the avoidance of doubt where for example a Deed of Conditions defines the common amenity area shared by all the properties within the development as including smaller areas such as bin stores or parking spaces which would otherwise be considered pertinents of the individual primary plots, then no attempt should be made to subdivide the common amenity area when creating the shared plot title sheet pertaining thereto.

Where (under previous guidance) we have started the registration of plot of ground as a shared plot, we should continue with the shared plot until all the shares are registered against the shared plot title sheet.

Section 17 also applies in tenement, flatted or other sub-divided properties, but only to those plots of land owned in common that fall outwith the extent of the tenement steading. For example, the 12 owners of the flats in 2 separate tenements (6 flats per tenement) could each own a 1/80 pro indiviso share in a common amenity area shared by all the proprietors in the development that they form part of. The Keeper can set up a separate shared plot title sheet for the common amenity area when the first property is registered. That first property, and then all subsequently registered flats and other properties within the development, will become the sharing plot title sheets for the common amenity area. Any areas within the extent of the tenement steading that are owned in common by the flats in that tenement are provided for in section 16 of the 2012 Act, and do not require shared plots to be created. Further information can be found on the Mapping Tenement Properties guidance page.

Any common area that does not meet the requirements of Section 17 of the 2012 Act will not be designated a shared plot. A plot that is owned in common but is not owned in common by virtue of the ownership of other plots will be designated an ordinary title. For more information, refer to the guidance page on Mapping Common Areas and Shared Plots.

Where shares in a common area were registered prior to 8 Dec. 2014 and subsequent deeds are submitted for registration that include further shares in the registered common area the plot need not be designated a shared plot as the transitional provisions in schedule 4 of the 2012 Act may apply. The terms of the transitional provisions also permit the Keeper to designate a common area which was registered prior to 8 Dec. 2014 a shared plot.

How to identify a shared plot title

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A shared plot is title type SP on LRS.

The property description in the property section of a shared plot title sheet may indicate that the plot is a shared plot (i.e. 'Subjects cadastral unit MID12345 being the common amenity ground at...').

The proprietorship section of the title sheet will not include any proprietor details, but instead will contain a sharing plot schedule which contains a list of the sharing plot title numbers and the quantum share in the shared plot pertaining to each sharing plot.

Example Sharing Plot Schedule in Shared Plot Title Sheet

SHARING PLOTS

This shared plot relates to the following sharing plots to the extent specified

Plot	Pro Indiviso Share
MID1	1/4
MID2	1/4
MID3	1/4
MID4	1/4

The securities section of the title sheet will include the following note and may or may not include any entries:

Note: this is a shared plot title sheet. The subjects in this title sheet may be encumbered by securities disclosed on the sharing plot title sheets.

The burdens section of the title sheet will include the following note and may or may not include any entries:

Note: this is a shared plot title sheet. The subjects in this title sheet may be encumbered by encumbrances disclosed on the sharing plot title sheets.

How to identify a shared plot application

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The title type on the application and the title workdesk on LRS is SP for a shared plot application.

A shared plot application may be a DW, but will more commonly be one of the new shared plot applications FS, TS and AS detailed below. Other application types may also be used depending on the process (i.e. TU, RR).

FS (First Share) - an application to register the first share in a common area. The common area is an unregistered plot and no shares have been registered in the common area previously. The common area has been designated a shared plot and a new cadastral unit and title sheet will be created for the shared plot.

TS (Transfer Share) - an application to transfer the first share in a common area which has not been previously designated a shared plot. The common area forms part of a registered plot and this is the first time that part of the registered plot has been designated a common area is being conveyed/leased to the extent of a share only. The common area has been designated a shared plot and a new cadastral unit and title sheet will be created for the shared plot.

AS (Add Share) - an application to add an unregistered share or to transfer a share in a common area. A title sheet and a cadastral unit for the extent of the common area already exists.

How to identify a sharing plot title

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A sharing plot is title type 12 on LRS.

The property section of a sharing plot title sheet will contain a shared plot schedule which contains a list of the shared plot titles and the quantum share in each shared plot pertaining to the sharing plot.

Example Shared Plot Schedule in Sharing Plot Title Sheet

SHARED PLOTS

The following shared plot(s) relates to this sharing plot to the extent specified

Plot	Pro Indiviso Share
MID6	1/80
MID10	1/20

The proprietorship section of the title sheet will include the proprietor details as normal.

The securities section will contain any security entries as normal.

The burdens section will contain any burdens entries as normal.

The title sheet may include reference to the shared plot cadastral unit, for example 'the proprietors of the disponed subjects will be responsible for a 1/40 share of the common amenity ground and the shared playing area forming those parts of cadastral unit MID10 tinted yellow and pink, respectively, on the cadastral map' (MID10 is the shared plot title)).

How to identify a sharing plot application that relates to a shared plot application

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The title type on the application and the title workdesk on LRS is 12 for a sharing plot application.

The sharing plot application can be any of the existing application types, but cannot be an FS, TS or AS application.

Any related shared plot application(s) will be 'Rel' type 'L' (linked) in the list of application details in the 'Attachd/Rel (Opn) Apps' tab on the application workdesk.