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

The plans processes have changed with the introduction of the Plan Creator. If you are still working on the DMS, please follow the steps on Add to applications - Plans - DMS processes. If you are working on the Plan Creator/Approver, please follow the relevant steps below.

The following process should be used where a request is identified at intake to add the plot(s) undergoing registration or a share in a plot undergoing registration to an existing registered title.

Settlers should check that the FR/VR is not still pending registration. If those applications are still live, then the FA/VA must be attached to the earlier lead application in the LRS, and settled at the same time. Do not attach the FR/VR to the FA/VA in LRS as this will delete any previous Title N&I. Instructions for attaching cases on the LRS are here

Process Steps

Additional Information

Main Instructions

1.1 Take on the application(s) on LRS using PLANS SETTLE function.

1.2 Complete an application record search for the existing title and the PT, if applicable, and ensure any pending applications with a date of registration prior to the date of registration of the application undergoing registration are completed before proceeding.

1.3 Check the application (deeds & forms) on the CMS and view the title on the Plan Viewer to see if there is any amendment needed to the extent of the subjects, or if it is just an additional share in ownership being added to the existing title.

  • If there is no change to the extent of the subjects, and the original title was mapped in the Plan Creator, there is no need to create an updated version of the title in Plan Creator so do not create a draft cadastral unit (DCU).
  • If there is no change to the extent of the subjects, and the original title was mapped in the DMS, the title should be updated to Plan Creator style whether or not there is a change to the extent of the subjects so a DCU will be needed.
  • If there is a change to the extent of the subjects, a DCU will be required and the existing title should be updated as necessary.

1.4 If a DCU is needed, check to see if the FR/VR/TP is still pending and if a DCU has already been created for the FR/VR. There is no need to create a second DCU if there is an earlier pending one.

1.5 In the Plan Creator, create a DCU if needed for the application number being processed or open the existing pending one. All previously mapped references from the last approved or authorised title version will automatically be imported into the DCU when it is created.

1.6 Identify if the existing registered title is a sharing plot or if it includes any existing common areas that have been mapped 1979 style.

1.7 Complete the plans examination steps and check for common areas for the application undergoing registration following the applicable TP Plans or FR Plans process steps.

1.7.1 If the application undergoing registration includes a share in a plot and transitional provisions will apply to the share in the plot, continue with the main instructions below.

1.7.2 If the application undergoing registration includes a share in more than one plot and transitional provisions will apply to the shares in all the plots continue with the main instructions below.

1.7.3 If the application undergoing registration includes a share in a plot that has not been mapped previously and will be designated a shared plot, refer to the 'Deed Conveys First Share in a Common Area' process below.

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

1.8 If the last saved version of the title was mapped in the Plan Creator, then all the references will be automatically imported and classified. Proceed with mapping the additional subjects or amending the title as necessary. Go to step 1.10.

1.9 If the last saved version of the title was mapped in the DMS then all previously mapped polygons and polylines will need classified in order for the DCU to be saved (text and labels do not need a classification and will be automatically classified).

  • Classify all polygons & polylines.
  • If there were any SPLs attached to the DMS mapped title, mapped information in these will be allocated to separate group(s), and references will also need classified. (Please note, if previously mapped SPLs have been allocated as groupings in the DCU, do not go into the DMS to unattach the SPLs). Consider if any extents of ownership on the SPLs need to be mapped on the cadastral map. Refer to a senior officer for instructions, if necessary.
  • Follow the guidance in Updating Existing 1979 Act Title Sheets and Updating DMS titles in Plan Creator.
  • If there are boundary references that are being retained, then these should be re-created using the boundary label function in the Plan Creator so that they are associated with the ownership polygon, with the original DMS-mapped labels then being deleted.
  • If there are polylines with labels/text, then the text and labels should be re-created using the boundary label function in the Plan Creator so that they are associated with the polyline, with the original DMS-mapped labels & text then being deleted.
  • If there are point features such as septic tanks, then these should be re-created in the DCU. Create a point feature with the letters added at the location of the feature by using the Draw a Point function in the Plan Creator, remembering to drag the letters out from the point to create the arrow/call-out line. The DMS point feature & text can then be deleted.
  • It is not necessary to re-create any other labels and text (for example, those which may be classified as For reference only such as letters to denote an access between points lettered A & B); these can remain as DMS references.
  • If there is any double edging, then the mapping style of the title will need to be re-considered with the possible use of groupings as additional layers of the cadastral map if the title is particularly complex.

1.10 Consider if the existing title and mapping style is 2012 Act compliant.

1.10.1 If the existing property forms part of a tenement consider if a tenement steading cadastral unit must be created. Refer to a senior officer for instructions, if necessary.

1.11 Map the additional references required for the Add To application, and categorise appropriately.

  • Consider if separate references are required to enable the existing registered plot(s) and the additional plot(s) to be identified.
  • If the extended title is complex, consider if the use of a grouping showing an additional cadastral map layer is required to improve clarity.
  • Check the area measurement of the cadastral unit and take a note if the new extent is 0.5 hectare or greater.

1.12 Check the PDF print generated using the Save and Print function to ensure that all references are clearly visible on the PDF.

1.13 Add LRS information following the applicable TP Plans or FR Plans process steps.

1.13.1 Include in the title workdesk N&I any changes to the references on the cadastral map for the existing registered plot(s), including moving references to groupings.

1.13.2 Include in the title workdesk N&I any new references on the cadastral map for the additional area(s), including any references shown on groupings.

1.13.3 Update the property description to make reference to the cadastral unit number, if necessary.

1.13.4 Update the real right field to be 2012 compliant, if necessary. Refer to a senior officer if 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.

1.13.5 Include/update the hectarage where the new extent is 0.5 hectare or greater.

1.13.6 Update the property description to include the additional plot(s) and any rights pertaining to the plot.

1.14  Save the DCU and approve the title in Plan Approver. 

1.15 Complete the case following the applicable TP Plans or FR Plans process steps and release to LEGAL SETTLE.



 Deed Conveys First Share in a Common Area

A.1 Follow the main instructions detailed above to update the existing registered plot.

A.2 Follow the appropriate process to create an FS or TS application.

A.3 Follow the appropriate FR Plans or TP Plans instructions to:

A.3.1 map the sharing plot on Plan Creator and update the PT cadastral unit, if applicable.

A.3.2 map the shared plot on Plan Creator.

A.3.3 add the LRS information for the sharing plot

A.3.4 add the LRS information for the shared plot

A.3.5 complete the case



 Deed Conveys Share in an Existing Shared Plot

 

 Registered Plot has an Existing Registered Share in the Same Shared Plot

B.1 Follow the main instructions detailed above to update the existing registered plot.

B.2 Complete an application record search on LRS for the shared plot and and ensure any pending applications for the shared plot with a date of registration prior to the date of registration of the application undergoing registration are completed before proceeding.

B.3 Complete an address search on LRS/index map search on Plan Viewer and ensure any pending transfer of title applications for the other properties that also have a share in the shared plot with a date of registration prior to the date of registration of the application undergoing registration are completed before proceeding.

B.4 TA only - Complete an application record search on LRS for the PT and ensure any pending applications for the PT with a date of registration prior to the date of registration of the application undergoing registration are completed before proceeding.

B.5 Check if the share being added to the existing registered title will result in the proprietor holding title to all the shares in the shared plot (i.e. the plot is no longer owned in common).

B.5.1 If the plot will no longer be owned in common follow the process to convert the shared plot to an ordinary plot

B.5.2 If the plot will continue to be owned in common the existing relationship can be amended to include the additional share following the instructions below.

B.6 Create a TU application on LRS for the shared plot title.

B.6.1 TA only - in addition, identify if there is an existing application for the PT that can be used to amend the PT relationship or create a TU application for the PT.

B.7 Select the TU application for the shared plot on LRS and open the title workdesk.

B.8 In the Relationships tab select the existing relationship between the registered plot and the shared plot and click on Amend Details and amend the quantum to include the additional share. In the prompt box select the pending FA/TA application and ok.

B.8.1 The FA/TA application and the TU application for the shared plot are now linked.

B.9. TA only - in addition, select the existing relationship between the PT and the shared plot and click on Amend Details and amend the residual quantum share for the PT. In the prompt box select the pending application for the PT and ok.

B.9.1 The application for the PT is now also linked on LRS to the TU application for the shared plot.

B.10 Follow the appropriate FR Plans or TP Plans instructions to:

B.10.1 map the sharing plot on Plan Creator and update the PT cadastral unit, if applicable.

B.10.3 add the LRS information for the sharing plot

B.10.4 add the LRS information for the shared plot

B.10.5 complete the case

 Registered Plot Does Not have an Existing Registered Share in the Shared Plot

C.1 Follow the main instructions detailed above to update the existing registered plot.

C.2 Follow the appropriate process to create an AS (Sasine) or AS (Land Register) application.

C.3 Follow the appropriate FR Plans or /wiki/spaces/ATTIC/pages/74547536 instructions to:

C.3.1 map the sharing plot on Plan Creator and update the PT cadastral unit, if applicable.

C.3.2 add the LRS information for the sharing plot

C.3.4 add the LRS information for the shared plot

C.3.5 complete the case


Next: Legal Settle


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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