How to Map a Sub-Lease

1  Map the extent of the sub-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 ownership (head 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 head landlord's title.
• Do not bring forward any supplementary data, any plotted SPLs, or any scanned supplementary plans from the head landlord's title.

2  When mapping the sub-lease title, the polygon(s) for the sub-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 sub-lease particular attention should be paid to whether there is already a lease or sub-lease affecting the area in the current sub-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, the head lease, an interposed lease, or whether it is actually a competing sub-leaselease where the landlord has accidentally leased the same ground twice. If you are unsure how to proceed regarding the existence of another registered lease/sub-lease, please speak with your referral officer in the first instance.

4  If there is already a title sheet for the head lease, or one is pending registration along with the sub-lease, no plans references are to be provided from any plans annexed to the head lease.

5  No other plans references are to be provided from any plans annexed to the sub-lease. Instead, the full sub-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 sub-lease affects a registered ownership title other than the head 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.

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

• A title note must be added stating that these subjects are a sub-lease of whole of the subjects in the cadastral unit (ownership title) - for example "The subjects in this title are a sub-lease of whole of cadastral unit FFExxxx".
• If there is an existing title sheet for the head lease, add a title note giving the details of this - for example "The subjects in this title are a sub-lease of all/part of the subjects in lease title sheet FFEyyyy".
• If the deed plan(s) annexed to the sub-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 sub-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 Sub-Lease. Please can the Sub-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 head landlord's cadastral unit (ownership title), add a note to the legal settler asking them to add a general removals note to the sub-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 head landlord's cadastral unit (ownership title), add a note to the legal settler asking them to add a note to the property section of the sub-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."

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

8  No entry should be made in the hectarage field in the property section of the sub-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 plot of land (the ownership title).

9  The cadastral unit field in the property section of the sub-lease title sheet should be manually amended to show the cadastral unit number of the plot of land (the ownership title).

10  The property section of the sub-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 head 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 sub-lease of whole (non-tenement) - key points for plans settlers, above).

1  Map the extent of the sub-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 head landlord's title.
• Do not bring forward any supplementary data, any plotted SPLs, or any scanned supplementary plans from the head landlord's title.
• Do not bring forward any green, blue or yellow edges and numbers (removals, feus or other leases) from the head landlord's title.

2  When mapping the sub-lease title, the polygon(s) for the sub-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 sub-lease particular attention should be paid to whether there is already a lease or sub-lease affecting the area in the current sub-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, the head lease, an interposed lease, or whether it is actually a competing sub-leaselease where the landlord has accidentally leased the same ground twice. If you are unsure how to proceed regarding the existence of another registered lease/sub-lease, please speak with your referral officer in the first instance.

4  If there is already a title sheet for the head lease, or one is pending registration along with the sub-lease, no plans references are to be provided from any plans annexed to the head lease.

5  No other plans references are to be provided from any plans annexed to the sub-lease. Instead, the full sub-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 sub-lease affects a registered ownership title other than the head 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.

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

• A title note must be added stating that these subjects are a sub-lease of part of the subjects in the cadastral unit (ownership title) - for example "The subjects in this title are a sub-lease of part of cadastral unit FFExxxx".
• If there is an existing title sheet for the head lease, add a title note giving the details of this - for example "The subjects in this title are a sub-lease of all/part of the subjects in lease title sheet FFEyyyy".
• If the deed plan(s) annexed to the sub-lease show plans references other than the extent of the sub-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 sub-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 Sub-lease. Please can the Sub-lease be incorporated by reference to the deed in the archive record?"

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

8   No entry should be made in the hectarage field in the property section of the sub-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 plot of land (the ownership title).

9  The cadastral unit field in the property section of the sub-lease title sheet should be manually amended to show the cadastral unit number of the plot of land (the ownership title).

10  The property section of the sub-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 head landlord's title).

1  Map the extent of the tenement steading cadastral unit on the primary un-grouped layer of the cadastral map. As this extent will be co-extensive with the tenement steading cadastral unit extent from the head landlord's title or other registrations within the block, 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.
• Bring forward any green edges and numbers showing removals from the tenement steading cadastral unit.
• Bring forward any blue edges and numbers showing feus from the tenement steading cadastral unit.
• Do not bring forward any yellow edges and numbers showing other leases.
• Do not bring forward any supplementary data, any plotted SPLs, or any scanned supplementary plans from the head landlord's title.

2  Do not bring forward any plans references from the head lease title (if registered or pending) or from the head lease deed.

3  Map any plans references pertaining to the extent of the flat or unit being sub-let in a grouping showing supplementary data.

• As with any other type of property within an tenement steading, the sub-leased subjects may be described by reference to a plan or with a verbal description, provided it is an acceptable description of the flatted property/unit (see the exception to normal policy detailed on that Further Guidance page that can be applied if the deed plan is not acceptable but the verbal description is acceptable).
• The extent of the flat or unit being sub-let, if being shown in a grouping containing supplementary data, will normally be mapped using the tinting method.
• Do not use the same style and colour of plans reference for the extent of the sub-leased subjects and for the tenement steading cadastral unit mapped in step 1, above. In other words, if the tenement steading cadastral unit is edged red, then the extent of the sub-leased subjects should be referenced differently, perhaps with a pink tint.
• As with registrations of ownership of flats, etc that extend over more than one floor, additional groupings may be used for different floor levels if this aids the interpretation of the extent on the different floors.

4  When mapping the sub-lease title, the polygon(s) for the tenement steading cadastral unit should be classified as Tenement Steading, whilst the sub-leased subjects in the grouping should be classified as Lease in the Plan Creator.

5  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 sub-lease particular attention should be paid to whether there is already a lease or sub-lease affecting the area in the current lease being registered. If another lease or sub-lease does affect the property currently being sub-let, then checks will need to be done to see if this involves a sub-lease, the head lease, an interposed lease, or whether it is actually a competing sub-lease where the landlord has accidentally leased the same ground/strata twice. If you are unsure how to proceed regarding the existence of another registered lease/sub-lease, please speak with your referral officer in the first instance.

6  No other plans references are to be provided from any plans annexed to the sub-lease. Instead, the full sub-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 sub-lease affects a registered ownership title other than the head 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.

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

• A title note must be added stating that these subjects are a sub-lease of part of the tenement steading cadastral unit - for example "The subjects in this title are a sub-lease of part of tenement steading cadastral unit FFExxxx".
• A title note must be added explaining how the sub-leased subjects relate to the immediate landlord's subjects described in the head lease. Although the property description will refer to the relationship between the sub-lease and the tenement steading cadastral unit, for the purposes of the Schedule, etc the legal officers need to also know about the relationship between the lease and the immediate landlord's title.
  • If the immediate landlord's subjects are co-extensive with the sub-leased subjects (i.e they only rent the unit being sub-leased), then the note should explain to the legal settler that the whole of the immediate landlord's title is being leased - for example "The subjects in this title are a sub-lease of the whole subjects in lease title sheet GLAxxxx".
  • If the immediate landlord's registered subjects are larger than the sub-leased subjects (i.e they have a registered lease title to more in the tenement block than the unit currently being sub-leased), then the note should explain to the legal settler that only part of the immediate landlord's title is being sub-let - for example "The subjects in this title are a sub-lease of part of the subjects in lease title sheet GLAxxxx".
• If the deed plan(s) annexed to the sub-lease show plans references other than the extent of the sub-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 sub-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 Sub-lease. Please can the Sub 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 tenement steading cadastral unit, add a note to the legal settler asking them to add a general removals note to the sub-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 tenement steading cadastral unit, add a note to the legal settler asking them to add a note to the property section of the sub-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."

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

9  No entry should be made in the hectarage field in the property section of the sub-lease title sheet - there is only a requirement to show the hectarage, if it is 0.5 hectares or greater, on ownership title sheets within a tenement steading cadastral unit.

10  The cadastral unit field in the property section of the sub-lease title sheet should be manually amended to show the tenement steading cadastral unit number for that tenement block.

11  The property section of the sub-lease title sheet will refer to the tenement steading cadastral unit for the tenement block but will only include the address of the sub-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 ownership title sheets within a tenement steading cadastral unit.

1 Is there already a title sheet (pending or already registered) for the head lease?

• If there is not already a (pending or already registered) title sheet for the head lease, no additional action is required by the plans settler. There is no requirement to create a title sheet for the head lease until such times as a transaction over that lease is received for registration. As there is no title sheet, the extent of the sub-leased subjects cannot be referenced against the head lease. 
• If there is already a title sheet for the head lease, see step 2 onwards.

2  When the head lease title sheet has been previously registered, rather than being a pending application, there may be a need to update that title sheet to reflect the implementation of the 2012 Act, changes to lease mapping practice, and the introduction of the Plan Creator to replace the DMS.

• An existing 1979 Act head lease title sheet does not need to be made fully 2012 Act compliant when a sub-lease is registered. Instead, only a few basic updates are required in the Plan Creator & LRS before the sub-lease can be registered. See Further Guidance pages Updating Existing 1979 Act Title Sheets - Instructions for Plans & Legal Settlers and Updating Existing DMS Titles in the Plan Creator for full details.
• An existing 2012 Act head lease title sheet should be checked to ensure it complies with the latest lease mapping practice - see Further Guidance page on Updates to 2012 Act Lease Titles due to New Lease Mapping Practice for details.

3  As the sub-lease in this particular scenario affects the whole of the subjects in the head lease title, there is no requirement to map a duplicate reference for the extent of the subjects being sub-let onto the head lease title.

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

4  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 all of the subjects have been sub-leased - for example "All of the subjects in this title have been sub-leased under sub-lease title FFExxxx".
• A title note should be added to the LRS asking the legal settler to add a Schedule of Sub-Leases to the head lease title sheet.

5  The property section of the head lease title sheet will have been completed as normal for that style of property. No reference needs to be added for sub-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.

1 Is there already a title sheet (pending or already registered) for the head lease?

• If there is not already a (pending or already registered) title sheet for the head lease, no additional action is required by the plans settler. There is no requirement to create a title sheet for the head lease until such times as a transaction over that lease is received for registration. As there is no title sheet, the extent of the sub-leased subjects cannot be referenced against the head lease. 
• If there is already a title sheet for the head lease, see step 2 onwards.

2  When the head lease title sheet has been previously registered, rather than being a pending application, there may be a need to update that title sheet to reflect the implementation of the 2012 Act, changes to lease mapping practice, and the introduction of the Plan Creator to replace the DMS.

• An existing 1979 Act head lease title sheet does not need to be made fully 2012 Act compliant when a sub-lease is registered. Instead, only a few basic updates are required in the Plan Creator & LRS before the sub-lease can be registered. See Further Guidance pages Updating Existing 1979 Act Title Sheets - Instructions for Plans & Legal Settlers and Updating Existing DMS Titles in the Plan Creator for full details.
• An existing 2012 Act head lease title sheet should be checked to ensure it complies with the latest lease mapping practice - see Further Guidance page on Updates to 2012 Act Lease Titles due to New Lease Mapping Practice for details.

3  As the sub-lease in this particular scenario affects only part of the subjects in the head lease title, a separate plans reference will be required for the extent of the sub-lease on the head lease title

• If the head lease title style means the extent of the head lease is shown on the ungrouped cadastral map layer, the reference for the sub-lease should be added to ungrouped cadastral map layer.
• If the head lease title style means the extent of the head lease is shown on a grouping containing supplementary data, the reference for the sub-lease should be added to this same grouping.
• The extent of the sub-leased subjects will normally be mapped with a yellow edge and also be numbered in yellow by labelling the polygon(s).
• The polygon(s) for the sub-leased subjects should be classified as Lease in the Plan Creator. (N.B. This means that both the head lease and sub-lease extents have the same classification however there is no separate classification for sub-lease at this time).
• Do not bring forward any plans references for rights or burdens described within the sub-lease.

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

5  The property section of the head lease title sheet will have been completed as normal for that style of property. No reference needs to be added for sub-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.

1 Is there already a title sheet (pending or already registered) for the head lease?

• If there is not already a (pending or already registered) title sheet for the head lease, no additional action is required by the plans settler. There is no requirement to create a title sheet for the head lease until such times as a transaction over that lease is received for registration. As there is no title sheet, the extent of the sub-leased subjects cannot be referenced against the head lease. 
• If there is already a title sheet for the head lease, see step 2 onwards.

2  When the head lease title sheet has been previously registered, rather than being a pending application, there may be a need to update that title sheet to reflect the implementation of the 2012 Act, changes to lease mapping practice, and the introduction of the Plan Creator to replace the DMS.

• An existing 1979 Act head lease title sheet does not need to be made fully 2012 Act compliant when a sub-lease is registered. Instead, only a few basic updates are required in the Plan Creator & LRS before the sub-lease can be registered. See Further Guidance pages Updating Existing 1979 Act Title Sheets - Instructions for Plans & Legal Settlers and Updating Existing DMS Titles in the Plan Creator for full details.
• An existing 2012 Act head lease title sheet should be checked to ensure it complies with the latest lease mapping practice - see Further Guidance page on Updates to 2012 Act Lease Titles due to New Lease Mapping Practice for details.

3  As stated above in the Info box, no plans reference is to be provided for the sub-lease in the head lease title, 

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

4  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 explaining how the sub-leased subjects relate to the head lease subjects. The legal settler will need this information to create the appropriate Schedule of Sub-Leases entry. 
  • If the head lease subjects are co-extensive with the sub-leased subjects (i.e. they only lease the unit being sub-leased), then the note should explain to the legal settler that the whole of the head lease title is being sub-leased - for example "The whole of the leased subjects in this title have been sub-leased under GLAxxxx".
  • If the head lease subjects are larger than the sub-leased subjects (i.e. the head lease title contains more in the tenement block than the unit currently being sub-leased), then the note should explain to the legal settler that only part of the head lease title is being leased - for example "Part of the leased subjects in this title have been sub-leased under GLAxxxx".
• If the head lease title sheet already includes a Schedule of Sub-Leases, a title note should be added to the LRS asking the legal settler to add the sub-lease to that schedule.
• If the head lease title sheet does not already include a Schedule of Sub-Leases (in other words, this is the first part of the head lease title being sub-leased), a title note should be added to the LRS asking the legal settler to add a schedule to the title sheet.

5  The property section of the head lease title sheet will have been completed as normal for that style of property. No reference needs to be added for sub-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.