How to Register a Conveyance of Only a Share in a Common Area

General

• If any shares in the common area were registered prior to 8th Dec. 2014, the transitional provisions in Schedule 4 of the 2012 Act will apply.

• If a common area has been designated a shared plot and has an existing shared plot title sheet, the common area will only remain a shared plot if:

1) the share in the common area is being conveyed to the proprietor of a registered plot and the common area will be a pertinent to that registered plot; and

2) the common area will continue to be a pertinent to two or more registered plots.

• If the share in the common area is being conveyed to the proprietor of a registered plot and the common area will no longer be owned in common, the common area cannot be a shared plot and must be designated an ordinary plot.
  
  
• If the common area is a pertinent to a plot and that plot is unregistered and is not currently undergoing registration then the common area cannot be designated a shared plot.
  
  
• If the common area has previously been designated a shared plot and the deed undergoing registration conveys a share in the common area to the proprietor of an unregistered plot and the common area is a pertinent to that unregistered plot, the common area can no longer be a shared plot and must be converted to an ordinary plot. 

Is the share in the common area a pertinent to a registered plot?

Examine the case and identify if the share is to be a pertinent to a registered plot.

• A letter may indicate that the share is a pertinent and is to be added/amalgamated into a registered plot.
  
  
• The application form may indicate that the share is a pertinent and is to be added/amalgamated into a registered plot.
  
  
• The deed may indicate the share is a pertinent to a registered plot (i.e. hereby dispone a 1/2 share in the mutual garden ground, forming part of MID1, to the proprietor of the house 1 High Street registered under MID2).
  
  
• Where there is no indication in the casebag that the share is a pertinent to a registered plot, but the DMS indicates that the share is a pertinent to a registered plot refer to a referral officer to consider if it is appropriate to link the share to the registered plot.