"Add to" Applications (FA/TA/VA Applications) - Legal Settle

Process Steps

1.1 Check request in application form/covering letter to add plot to existing registered title and check referral response.

1.2 Examine application form(s) and live deed(s) and complete the parent title, registered proprietor and advance notice checks following steps in appropriate FR Legal or TP Legal process.

1.3 Examine the existing title sheet to confirm it is appropriate to proceed with FA or TA application.

1.4 Print the existing title sheet for reference, if necessary.

• The plans settler will have printed a copy of the previous version of the cadastral map extract/Title Plan and put it in the casebag for your assistance.

1.5 Check the correct title version has been imported to the application on LRS currently undergoing registration.

1.6 Check if the registered title sheet contains any existing exclusion of indemnity, limitation or exclusion of warranty or caveat, and if the FA or TA or any related DW application contains any relevant information (i.e. any request to remove the existing exclusion of indemnity from the registered title sheet) and consider if any action is required, or refer if necessary.

1.7 Check for common areas in the application undergoing registration.

1.7.1 If the application undergoing registration includes a share in a plot and the plans settler has applied the transitional provisions the share in the common area will be included in the property description of the main plot.

1.7.2 If the application undergoing registration includes a share in a plot that has not been mapped previously and the plans settler has created an FS or TS application, refer to the 'Deed Conveys First Share in a Common Area' process below.

1.7.3 If the application undergoing registration includes a share in a plot that has previously been designated a shared plot and the plans settler has created an AS application, refer to the 'Deed Conveys Share in an Existing Shared Plot' process below. 

1.8 Update the proprietorship section:

1.8.1 Check the formatting of the existing proprietor entry and amend if the application undergoing registration contains any new information.

1.8.2 Select the correct proprietor type for the existing proprietor entry (P = person, C = company, O = other), if necessary.

1.8.3 Add any additional information to the existing proprietor entry (i.e. colour reference added to cadastral map).

1.8.4 Delete existing MHA/CPA notes - if additional notes exist consider action or refer as necessary

1.8.5 Add the proprietor entry in respect of the application undergoing registration following steps in appropriate FR Legal or TP Legal process.

1.8.6 Where the deed undergoing registration transfers title to an additional pro indiviso share in a plot check that the total shares do not add up to more than 100%.

1.9 Update the securities section:

1.9.1 Check if any existing security/charge entry is outwith the time limit and remove entry, if appropriate.

1.9.2 Check the formatting of any existing security/charge entry and amend if the application undergoing registration contains any new information.

1.9.3 Add additional information to any existing security/charge entry, if necessary (i.e. colour reference added to the cadastral map).

1.9.4 Add any new security/charge entries or remove any existing security/charge in respect of the application undergoing registration following steps in appropriate FR Legal or TP Legal process.

1.10 Update the Burdens Section :

1.10.1 Remove any obsolete burdens.

1.10.2 Remove any burdens if expressly stated by the agent acting on behalf of the applicant/proprietor.

• • For the avoidance of doubt where it is considered confusio applies the burdens should not be removed unless expressly requested by the agent acting on behalf of the applicant/proprietor.

1.10.3 If authorised by senior caseworker, remove any burdens entries or burdens clauses specific to any extinguished servitude.

1.10.4 Amend any existing burdens entries to make reference to the 'cadastral map' instead of the 'Title Plan', if necessary.

1.10.5 Check if any existing burdens entries makes reference to a 'Supplementary Plan'.

• • If reference to a 'Supplementary Plan' is included in the main text of the burdens entry amend the reference to read either 'supplementary data ?' for tenement scenarios, or "additional cadastral map view ?" for non-tenement scenarios.
    
    
  • If reference to a 'Supplementary Plan' is included in a footnote to an existing burdens entry replace the footnote with the appropriate footnote by reference to the guidance.

1.10.6 If any amendments have been made to existing references on the cadastral map amend the references in any existing burdens entries, if necessary.

1.10.7 Add any new burdens entries in respect of the application undergoing registration following steps in appropriate DW Legal, FR Legal or TP Legal process.

1.10.8 Renumber any references to burdens entries in the text of any burdens entries , if necessary (i.e. Disposition by A to B of the subjects described in the Disposition in Entry 2 of this section. The Disposition formerly Entry 2 is now Entry 3).

1.10.9 Check any existing TCA Burdens Section note is the final entry, or remove and create/import new TCA burdens section note, if necessary.

1.11 Update the property section:

1.11.1 Check the date of first registration and the title sheet update date are correct or amend as necessary.  

1.11.2 Check that the real right field is 2012 Act compliant or amend as necessary. 

• • In the event that the real right field contains a non-standard entry for example a mixed feudal/absolute ownership title or it is an old feudal title habile to include mineral interests, refer.

1.11.3  If authorised by senior caseworker, remove any existing servitudes where the burdened and the benefited plots are both owned by the same proprietor in the same capacity.

1.11.4 Check all references to the 'Title Plan' and 'Supplementary Plan' are updated to 'cadastral map' and 'supplementary data ?' (tenement)/"additional cadastral map view ?" (non tenement).

1.11.5 Check the address details are correct. If any new information is included in the application undergoing registration or any amendments to the address details are required refer to plans.

• • The subjects description must include the cadastral unit number and the hectarage if it measures 0.5 hectares or greater than 0.5 hectares.

1.11.6 If there is an existing boundary table change the wording in the heading from 'Title Plan' to 'cadastral map' using the picklist entry (i.e. 'The boundary between the points indicated on the cadastral map').

1.11.7 Update the property section in respect of the application undergoing registration following steps in appropriate DW Legal, FR Legal or TP Legal process.

1.11.8 If any amendments have been made to the existing references on the cadastral map consider the effect on the property section and update any notes or schedules, if necessary.

1.12 TA Application - identify any pending application against the PT or if a TU is required and complete the relevant updates to the proprietorship, securities, burdens and property sections of the PT title sheet.

1.13 Check title sheet(s) and complete registration following steps in appropriate FR Legal or TP Legal process. 

1.13.1 TA Application - ensure the PT application and the TA application are completed on LRS on the same day.