How to Map a Lease of Part

General

Section 3(2) of the 2012 Act permits the Keeper to make up and maintain a title sheet for a registered lease.

A registered lease, however, is not allocated its own cadastral unit. Instead, the title sheet for the lease (the tenant's interest) refers to the leased subjects as being all or part of the cadastral unit created for the plot of land (the landlord's interest).

If the registered lease is of subjects within a tenement property, the title sheet for the lease (the tenant's interest) will refer to the leased subjects being part of the cadastral unit created for the plot of land (the tenement steading cadastral unit for the tenement block within which the landlord's interest lies).



What is a Lease of Part?

When we talk about a lease of part - the "part" relates to the cadastral unit. So there are two scenarios where we register Leases of part:

  1. When the landlord's title is already registered and the lease that is submitted for registration as a TP affects only a part of the cadastral unit within that registered title, or
  2. When the landlord's title comprises all or part of a tenement, and the lease that is submitted for registration is for only a part of the tenement steading cadastral unit (e.g. a lease of a ground floor shop within a tenement block). Tenement lease of part scenarios are covered on a separate guidance page as the mapping style is different from a non-tenement lease of part.

Separate pages of guidance cover other scenarios such as Mapping a Lease of Whole, and Mapping a Sub-Lease.


Key points for Plans officers

 Mapping a Lease of Part - non-tenement

1  Map the extent of the leased subjects on the primary un-grouped layer of the cadastral map.

  • 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 part of the subjects in the cadastral unit (landlord's title) - for example "The subjects in this title are a lease of part 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?"

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 but will only include the address of the leased subjects - 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).

 Property section examples for a lease of part
Lease title sheet numberCadastral unit number of plot of land (landlord's interest)Description in deedProperty section entry




PrefixAddress 1Suffix
ABN15783ABN7890lease of 561 Great Northern Road, Aberdeen being part of the subjects registered under ABN7890 561, 563 & 565 Great Northern RoadSubjects part of cadastral unit ABN7890 being 561 GREAT NORTHERN ROAD, ABERDEEN, AB24 2BXedged red on the cadastral map
DMB777DMB789lease of electricity substation site on the north side of Townend Road, Dumbarton being part of the area of ground registered in DMB789Subjects part of cadastral unit DMB789 being the site of an electricity substation on the north side ofTOWNEND ROAD, DUMBARTONtinted pink on the cadastral map
 Referencing a Lease of Part (non-tenement) in the landlord's title

1  As the lease in this scenario is a Lease of Part (non-tenement), a reference for the extent of the subjects being leased will need to be added to the cadastral unit for the landlord's title to show which part of the title is affected by the lease. 

  • The extent of the leased subjects will normally be mapped with a yellow edge in the primary ungrouped layer of the cadastral map and also be labelled with a number in yellow.
  • Do not bring forward any plans references for any 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; and
  • the polygon(s) for the leased subjects should be classified as Lease in the Plan Creator.

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 part of the subjects have been leased, and advising the colour and number reference that has been used (if any) to represent the leased subjects - for example "The part of the subjects in this title edged and numbered 3 in yellow have been leased under lease title FFExxxx".
  • If the landlord's title sheet already includes a Schedule of Leases, a title note should be added to the LRS asking the legal settler to add the lease to that schedule.
  • If the landlord's title sheet does not already include a Schedule of Leases (in other words, this is the first part of the landlord's title being leased), a title note should be added to the LRS asking the legal settler to add a schedule 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.


Example of mapping style - lease of part

Landlord's title to the plot of land - before referencing the lease

The landlord's title to the plot of land is already registered in the land register.

The image, right, illustrates the cadastral unit as it it shown on the cadastral map - a pink tint for the cadastral unit extent (classified as Ownership - exclusive), and a brown tint for a servitude right of access (classified as Servitude).


Landlord's title to the plot of land - after referencing the lease

As the lease is a lease of part (i.e. smaller than the cadastral unit), a plans reference is required on the cadastral unit to show that part of the plot of land that is subject to the lease. The extent of the leased subjects are shown edged and numbered 1 in yellow in this example (classified as Lease).

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 to a Schedule of Leases in 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). No reference is required for the extent of the landlord's title.

No plans reference for any other right, etc described in the lease will be referenced on the cadastral map or on supplementary data for the tenant's title. Instead, the lease itself (including any deed plans) will form part of the archive record and will be incorporated in the title sheet by reference to that deed.


Tenant's title - what is shown on supplementary data

As the lease is not a lease of part of a tenement property, there will be no requirement to provide any references 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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