How to Map a Lease of Whole
General
What is a Lease of Whole?
When we talk about a lease of whole - the "whole" relates to the cadastral unit. So there are two scenarios where we register Leases of whole:
- When the landlord's title is already registered and the lease that is submitted for registration as a TP affects the whole cadastral unit within that registered title, or
- When the landlord's title is not already registered and the lease is submitted for registration together with an APR application form. The landlord may own additional land in the sasine register however the APR application will only be registered to the same extent as is affected by the lease. So the lease is processed as an FR application that is co-extensive with the cadastral unit mapped in the APR application.
Separate pages of guidance cover other scenarios such as Mapping a Lease of Part, Mapping an APR title, and /wiki/spaces/2ARM/pages/98926635.
Key points for Plans officers
Example of mapping style - lease of whole
Landlord's title to the plot of land - before referencing the lease
The landlord's title to the plot of land is either:
(1) already registered in the land register; or,
(2) is in the process of being registered by way of an APR application that is being processed along with the Lease application.
The image, right, illustrates the cadastral unit as it it shown on the cadastral map - a red edge for the cadastral unit extent (classified as Ownership - exclusive), and a blue tint for a burdens reference (classified as Burden).
Landlord's title to the plot of land - after referencing the lease
As the lease is a lease of whole (i.e. co-extensive with the cadastral unit), there is no requirement to provide a "duplicate reference" to show the leased extent on the cadastral unit for the landlord's title.
No plans reference for any other right, etc described in the lease will be referenced on the cadastral unit for the landlord's title.
The legal settler will add details of the lease of whole to the title sheet for the landlord's title.
Tenant's title - what is shown on the cadastral map
Only the extent of the leased subjects is shown on the primary ungrouped layer of the cadastral map (classified as Lease). This reference will be co-extensive with the cadastral unit for the plot of land (landlord's title).
No other plans reference from the landlord's title is to be brought forward.
Tenant's title - what is shown on supplementary data
As the lease is a lease of whole (i.e. co-extensive with the cadastral unit), there is no requirement to provide a "duplicate reference" for the leased extent in a grouping showing supplementary data.
No plans reference for any other right, etc described in the lease is referenced on the cadastral map or on supplementary data for the tenant's title.
Not applicable in this example
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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