Identification of Quantum Share & Common Area - Shared/Sharing Plots
The common area may be identified in the deed inducing registration by way of:
- a full bounding description or a plan annexed to the deed inducing registration, or
- reference to a full bounding description or a plan annexed to a historical deed (i.e. deed of conditions), or
- reference to the shared plot title number.
Where the extent of the common area cannot be identified, the application must be rejected in terms of s.22(1)(a) of the 2012 Act as the Keeper cannot comply with her duties under Part I of the said Act.
The quantum share must be narrated in:
- the deed inducing registration, or
- a historical deed which is referred to in the deed inducing registration, or
- the application form.
The quantum share may be narrated in the deed/application form in a percentage or fraction format or by identifying all the other plots that have a share in the common area (i.e. '...together with a right in common with the proprietors of 1 Main Street and 2 Main Street to the access road...'). Where the deed/application form does not narrate the quantum share in a percentage or fraction format but has identified all the other plots that have a share in the common area further consideration must be made as to whether it is appropriate to apply the common law rules or whether further investigation is required.
Where the deed induces registration of the first share in a plot that has been designated a shared plot (FS or TS application) the quantum share entered in the relationships tab on the title workdesk must reflect the format of the share narrated in the deed/application form or, where it is identified as above that the common law rules may apply, the share must be entered in a fraction format.
Where the deed induces registration of additional shares in a registered shared plot (AS application or Amend Details process) the quantum share must be entered in the same format as the existing entries. Where the deed/application form narrates the quantum share in a different format to the existing entries the quantum share entered in the relationships tab must be converted to the same format as the existing entries.
Where the quantum share cannot be identified or where further investigation indicates there is an inconsistency and the Keeper is unable to proceed with registration (e.g. ownership in the shared plot is already registered to the extent of 9/10 and the deed inducing registration purports to add an additional 2/10 share in the shared plot), the application must be rejected in terms of s.22(1)(a) of the 2012 Act as the Keeper cannot comply with her duties under Part I of the said Act.
| Example Description in Deed | Common Law Assumption | Entry in Schedule | Further Investigation Required |
|---|---|---|---|
| a one half share in the garden ground delineated blue on the plan | not applicable | 1/2 | |
| a 25% pro indiviso share in and to the access road coloured mauve on the plan | not applicable | 25% | |
| a right of property in common along with the proprietors of 17 Polton Terrace | 1/2 | 1/2 | Only if any inconsistency is apparent on the cadastral map or from the information contained in the application undergoing registration |
| an equal pro indiviso right of property in common with the proprietors of 138 Eastern Drive to the common access path coloured brown on the plan | 1/2 | 1/2 | Only if any inconsistency is apparent on the cadastral map or from the information contained in the application undergoing registration |
| a right in common with us and our successors as proprietors of the dwellinghouses 44, 45, and 47 Main Road in and to the footpath coloured green on the plan | 1/4 | 1/4 | Only if any inconsistency is apparent on the cadastral map or from the information contained in the application undergoing registration |
| a right in common with the proprietors of the dwellinghouses to be erected on plots 40, 41 and 42 to the common access road coloured blue | 1/4 | Further investigation required | Identify if the dwellinghouses have been built. Refer to a senior officer if the dwellinghouses have not been erected or if there is more or less than 3 dwellinghouses erected. |
| a right in common with the proprietors of the other plots within the Development in and to the Mutual Areas and Common Parts (if any) as are defined in the Deed of Conditions | no assumption | Further investigation required | Examine the deed of conditions. Where the deed of conditions clearly narrates the quantum share proceed to enter the quantum share in the schedule. Where the deed of conditions does not narrate the quantum share refer to a senior officer to consider if the application should be rejected. |
| a right in common to the playpark coloured pink on the plan | no assumption | not applicable | Reject - the deed does not narrate the quantum share or identify the properties that have a share in the playpark. |
How to convert a fraction to a percentage | How to convert a percentage to a fraction |
|---|---|
| Divide the upper number by the lower number and multiply by 100. | Put the percentage number over 100, and simplify if possible. |
Example 1: 1/3 Example 2: 1/17 (1÷17) x 100 = 5.88% (to 2 decimal places) | Example 1: 25% Example 2: 37% Example 3: 12.5% |
Note: If the deed undergoing registration does not identify the quantum share in a percentage or fraction format but instead identifies all the other properties that have a share in the common area, and the prior entries in the schedule in the shared plot title sheet contain unusual percentages (e.g. 33.33%, 16.67%) refer to a senior officer to consider if it is appropriate to change the format of the existing entries from percentages to the equivalent fraction (e.g. change 33.33% to 1/3 or change 16.67% to 1/6).
For the avoidance of doubt, 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.
Where the fractional denominator is changed part way through a run of TPs and to change the denominator in the previously registered titles would be unduly onerous or time consuming then the matter should be referred to the plans HEO first removal officer for further guidance, who can consult with the Legal SEO if required.
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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