How to Map a Lease of Whole

1  Map the extent of the leased subjects on the primary un-grouped layer of the cadastral map. As this extent will be co-extensive with the cadastral unit extent from the Landlord's title, it will generally be quicker to copy and paste the extent through from the Index layer.

• By preference, a red edge should be used however there will be properties where a tint will be more appropriate due to the shape or size of the polygon(s).

• Do not bring forward any plans references for rights or burdens from the landlord's title.

• Do not bring forward any supplementary data, any plotted SPLs, or any scanned supplementary plans from the landlord's title.

2  When mapping the lease title, the polygon(s) for the leased subjects should be classified as Lease in the Plan Creator.

3  A search of the index map must always be carried out.

• As well as all the normal index map checks done by a plans settler, when registering a lease particular attention should be paid to whether there is already a lease affecting the area in the current lease being registered. If another lease does affect the area currently being leased, then checks will need to be done to see if this involves a sub-lease, an interposed lease, or whether it is actually a competing lease where the landlord has accidentally leased the same ground twice. If you are unsure how to proceed regarding the existence of another registered lease, please speak with your referral officer in the first instance.

4  No other plans references are to be provided from any plans annexed to the lease. Instead, the full lease document (including any deed plans) will be incorporated in the title sheet by reference to that deed in the archive record.

• If a right being granted in the lease affects a registered ownership title other than the landlord's title, a note should be added to the LRS advising the legal settler of this: for example, "The rights granted in the lease affect registered titles ANGxxx & ANGyyy." There is no requirement to provide plans references or prints to accompany this note.

5  The LRS title notes should be completed in the normal manner for the type of property being leased - See Further Guidance on completing the LRS Title Notes.

• A title note must be added stating that these subjects are a lease of whole of the subjects in the cadastral unit (landlord's title) - for example "The subjects in this title are a lease of whole of cadastral unit FFExxxx".

• If the deed plan(s) annexed to the lease show plans references other than the extent of the lease, an additional title note must be added advising that legal settler that no plans references have been provided for those features. A request should be made to have the lease incorporated by reference to the deed in the archive record. - for example, "Following current policy, no plans references have been provided for the xxx on plans 2 & 3 in the Lease. Please can the Lease be incorporated by reference to the deed in the archive record?"

• If you have brought forward any green edges and numbers showing removals from the landlord's cadastral unit, add a note to the legal settler asking them to add a general removals note to the lease title sheet: "The areas edged and numbered in green on the cadastral map have been removed from this cadastral unit. Please add a note to the property section"

• If you have brought forward any blue edges and numbers showing feus from the landlord's cadastral unit, add a note to the legal settler asking them to add a note to the property section of the lease title sheet: "The areas edged and numbered in blue on the cadastral map have been feued from this cadastral unit. Please add a note to the property section."

6  The real right field in the property section of the lease title sheet should be completed to show Tenancy.

7  No entry should be made in the hectarage field in the property section of the lease title sheet - there is only a requirement to show the hectarage, if it is 0.5 hectares or greater, on a title sheet for the ownership of a plot of land (the landlord's title).

8  The cadastral unit field in the property section of the lease title sheet should be manually amended to show the cadastral unit number of the plot of land (the landlord's title).

9  The property section of the lease title sheet will refer to the cadastral unit for the plot of land - see Further Guidance on Property section styles - leases. No reference to the hectarage of the cadastral unit should be included in the property description in the lease title sheet - there is only a requirement to show the hectarage, if it is 0.5 hectares or greater, on a title sheet for the ownership of a plot of land (the landlord's title).

This scenario cannot exist.

The distinction between a lease of whole & of part is taken from the relationship between the lease and the plot of land (tenement steading cadastral unit), and not between the lease and landlord's title (which may be for all or part of the tenement steading cadastral unit). Therefore, the phrase "a lease of whole of a tenement property" would have to refer to a lease of the whole of a tenement steading cadastral unit. In that situation, the fact that it was a flatted or sub-divided building located upon the cadastral unit would be irrelevant, since the lease is of the whole cadastral unit. Therefore, it would be processed in the same way as any other lease of whole of a cadastral unit (see Mapping a lease of whole (non-tenement) - key points for plans settlers, above).

1  As the lease in this scenario is a Lease of Whole, there is no requirement to map a duplicate reference for the extent of the subjects being leased. 

• Do not bring forward any plans references for rights or burdens described within the lease.

• Do not provide a plans reference on the landlord's title for any sub-leases.

2  When mapping the landlord's title, the polygon(s) for the owned subjects should be classified as Ownership - Exclusive in the Plan Creator, even when they are co-extensive with the area being leased.

3  The LRS title notes should be completed in the normal manner - See Further Guidance on completing the LRS Title Notes.

• A title note must be added stating that the whole of the subjects have been leased - for example "The whole subjects in this title have been leased under lease title FFExxxx".

• A title note should be added to the LRS asking the legal settler to add a Schedule of Leases to the title sheet.

4  The real right field in the property section of the landlord's title sheet should show Ownership.

5  The property section of the landlord's title sheet will be completed as normal for that style of property, and no reference will be made to the leased subjects in the property description by the plans settler - for examples of various property sections, see Further Guidance on Property section styles in the title sheet.