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.

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.

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

How to identify a shared plot application

How to identify a sharing plot title

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