How to Map a Sub-Lease

General

Section 3(2) of the 2012 Act permits the Keeper to make up and maintain a title sheet for a registered lease. This includes leases that are sub-leases of other long leases (known as head leases).

A registered sub-lease, however, is not allocated its own cadastral unit; instead, the title sheet for the sub-lease (the sub-tenant's interest) will refer to the sub-leased subjects as being all or part of the cadastral unit created for the plot of land (the ownership interest, also known as the head landlord's interest).

If the registered sub-lease is of subjects within a tenement property, the title sheet for the sub-lease (the sub-tenant's interest) will refer to the sub-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 ownership interest lies).

Useful links

How to map a lease of whole

How to map a lease of part

APR - plans guidance

1 What is a sub-lease
2 Sub-Leases & APR
3 Sub-leases & head leases
4 Key points for plans settlers
5 Examples of mapping style - sub-leases

What is a sub-lease

A sub-lease is created when a tenant (someone who already holds a lease of someone else's land) sub-lets all or part of those leased subjects to another party (the sub-tenant). The result is that the sub-tenant pays rent to the tenant, and in turn the tenant pays rent to the head landlord (owner). It effectively creates a new level of tenant's interest.

Please note that the granting of a sub-lease by a tenant is not the same as the granting of an assignation for part of the leased subjects by a tenant. If you are unsure if a sub-lease is being granted/created or if the deed is a form of assignation, please speak with your referral officer.

When we register a sub-lease, there is a bit more to consider than when registering a lease as we need to think about two sets of relationships:

The relationship between the sub-lease and the cadastral unit/tenement steading cadastral unit, and
the relationship between the sub-lease and the lease (also known as the head lease).

Firstly, is the sub-lease of the whole cadastral unit (a sub-lease of whole), or is it a sub-lease of part of the cadastral unit/tenement steading cadastral unit? This will dictate the style of mapping to be used.

Secondly, is the sub-lease over all of the subjects in the head lease, or is it a sub-lease only affecting part of the subjects in the head lease? This will dictate (a) the information that the plans settler needs to provide to the legal settler so that the correct information is shown in a Schedule of Sub-Leases if there is an existing head-lease title sheet, and (b) the style of mapping to be used if there is an existing head lease title sheet.

Sub-Leases & APR

As with leases, it is not possible to register a sub-lease in the land register unless the ownership of the underlying plot of land (cadastral unit) is registered.

When the ownership of the plot of land is not yet registered, then the process known as Automatic Plot Registration, or APR, will be used to create a title sheet in the name of the owner of the plot of land (the head landlord) and the cadastral unit will be mapped to either (i) the same extent as the subjects in the head-lease when the head lease is also pending registration, or (ii) the sub-lease when the head lease is not currently being registered. This ownership title will be subject to the head lease, which in turn will be subject to the sub-lease that is being registered.

For a sub-lease of subjects within a tenement property when APR is triggered, the Keeper will either use the existing tenement steading cadastral unit for the block, or will establish a new tenement steading cadastral unit. A new title sheet will be created for the head landlord's interest in the subjects, describing them with reference to the tenement steading cadastral unit for the tenement block, and this title sheet will be subject to the head lease. In turn, the head lease will become subject to the sub-lease.

When the plot of land is already registered, while APR is not required, it may be necessary to update the registered title for the underlying plot of land to make it 2012 Act compliant before the registration of the sub-lease can be completed. This ownership title will be subject to the head lease, which in turn will be subject to the sub-lease that is being registered.

In all of these scenarios, please note that there is no requirement for a title sheet for the head lease to be created if the head lease is currently unregistered/is not pending registration.

Further details on how to map an APR application can be found on Further Guidance page Mapping an APR - but remember that if it is a sub-lease you are registering this should not be referenced in any way in the ownership title or cadastral unit. Only the head-lease will be referred to/referenced.

Sub-leases & head leases

When a sub-lease is being registered, whilst it is essential that the ownership of the underlying plot of land is registered, there is no requirement for the head lease to be registered. Once the ownership title to the plot of land is registered, any recorded leases affecting that plot of ground are "deemed" to be registered by the fact that they are referenced in the title sheet for the plot of land. There is therefore no requirement to create a title sheet for the head lease until such times as a transaction over that lease is received for registration

There are 3 basic scenarios you may come across:

The head lease is pending registration along with the sub-lease. An application will exist for each of them, and both will need to be mapped and settled. The head lease should be settled following the relevant guidance (lease of whole, lease of part, etc) with the added steps of reflecting the relationship between it and the sub-lease. The ownership (head landlord's) title will reflect the relationship between it and the head lease, with the appropriate Schedule of Leases information added to the title sheet, and a plans reference provided if the head lease is a lease of part. The head lease title sheet will then reflect the relationship between it and the sub-lease, with the appropriate Schedule of Sub-Leases information added to the title sheet, and a plans reference provided if the sub-lease affects only part of the head lease.

The head lease is currently unregistered/is not pending registration. No new application or title for the head lease should be created. The ownership (head landlord's) title will reflect the relationship between it and the head lease, with the appropriate Schedule of Leases information added to the title sheet, and a plans reference provided if the head lease is a lease of part.

The head lease is already registered. There will often be some additional steps required from the plans settler. It may be necessary to make some updates to the existing head lease title sheet to make it 2012 Act compliant. The ownership (head landlord's) title will reflect the relationship between it and the head lease, with the appropriate Schedule of Leases information added to the title sheet, and a plans reference provided if the head lease is a lease of part. The head lease title sheet will reflect the relationship between it and the sub-lease, with the appropriate Schedule of Sub-Leases information added to the title sheet, and a plans reference provided if the sub-lease affects only part of the head lease.

Key points for plans settlers

Remember, when deciding on the settling guidance to follow for a sub-lease, the distinction between a sub-lease of whole & of part is taken from the relationship between the sub-lease and the plot of land (ownership title or tenement steading cadastral unit), and not between the sub-lease and head 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.

Occasionally, the sub-lease will be a sub-lease of whole of an existing title that has previously had removals or feus shown with green-out removal and blue-out feu references. If the sub-lease includes a deed plan showing a positive depiction of the land remaining in the title that is being sub-let, map the sub-lease as only the positive extent remaining in the title. If however, the sub-lease describes the subjects just by reference to the title number of the head-landlord's title or head-lease title and does not provide a positive depiction of the land being sub-let then the lease should be mapped in a similar style to the head landlord's title.

In this more complex scenario, bring forward any green edges and numbers showing removal's from the head landlord's cadastral unit, and bring forward any blue edges and numbers showing feus from the head landlord's cadastral unit.
Do not bring forward any yellow edges and numbers showing other leases.

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).

Unlike non-tenement sub-leases of part where the head landlord's cadastral unit is not replicated in the mapping of the sub-lease title, when your sub-lease is a sub-lease of part within a tenement, a plans reference will be required for the (tenement steading) cadastral unit. This allows a consistent approach to be taken for all tenement lease & sub-lease cases - both those with a deed plan showing the leased/sub-leased extent and those with verbal description for the leased/sub-leased premises.

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.

Remember, no plans reference is provided on the cadastral unit for the plot of land (the ownership title) for the extent of the subjects in the sub-lease. The sub-lease is only referenced on the head lease title (where appropriate).

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.

Remember, no plans reference is provided on the cadastral unit for the plot of land (the ownership title) for the extent of the subjects in the sub-lease. The sub-lease is only referenced on the head lease title (where appropriate).

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.

In this scenario (a Sub-Lease that affects part of a tenement steading cadastral unit), a plans reference for the extent of the subjects being sub-let will not be shown on either (i) the ownership title, or (ii) the head lease title. Instead, a verbal entry will be added to the Schedule of Sub-Leases in the head lease title sheet (if one exists) by the legal settler.

This is in line with the practice of using a verbal entry in a Schedule of Removals when a flat is sold and removed from a registered tenement parent title rather than showing green outs for removals within a tenement steading cadastral unit. So there is consistency in the way we deal with sales (removals) and leases/sub-leases within tenements.

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.

Examples of mapping style - sub-leases

1 Head lease of whole and Sub-lease of whole (non tenement)

Head landlord's title to the plot of land - before referencing the head lease The head landlord's title (ownership 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/Sub-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 burden (classified as Burden).
Head landlord's title to the plot of land - after referencing the head lease As the head-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 head landlord's title. No plans reference for any other right, etc described in the head-lease will be referenced on the cadastral unit for the head landlord's title. The legal settler will add details of the head-lease of whole to the title sheet for the head landlord's title. As it is the head-lease that is subject to the sub-lease, there will be no reference provided on the head landlord's title (either on the cadastral map or in the title sheet) for the sub-lease.
Tenant's title - head lease - what is shown on the cadastral map If the head lease is being registered, 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 (head landlord's title). No other plans reference from the head landlord's title is to be brought forward. Instead, the head 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. Please note that a title sheet need not always be created for a recorded head lease when a sub-lease is being registered. The landlord's title must be registered so that a cadastral unit exists/is created, but if the head lease is already in the Sasine register, it can be "deemed as registered" with no title sheet created for it.See APR - Lease Scenarios and Outcomes for a scenario of this.
Tenant's title - head lease - what is shown on supplementary data As the head 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 head lease is referenced on the cadastral map or on supplementary data for the tenant's title.	Not applicable in this scenario.
Sub-Tenant's title - sub lease - what is shown on the cadastral map Only the extent of the sub-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 (head landlord's title). No other plans reference from the head landlord's title or the head lease title is to be brought forward.
Sub-Tenant's title - sub lease - what is shown on supplementary data As the sub-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 sub-leased extent in a grouping showing supplementary data . No plans reference for any other right, etc described in the sub- lease is referenced on the cadastral map or on supplementary data for the sub-tenant's title. Instead, the sub-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.	Not applicable in this scenario.

2 Head lease of part and Sub-lease of further part (non tenement)

Head landlord's title to the plot of land - before referencing the lease The head landlord's title (ownership 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/Sub-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 brown tint for a servitude right of access (classified as Servitude).
Head landlord's title to the plot of land - after referencing the head lease As the head 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 head lease. The extent of the leased subjects are shown edged and numbered 1 in yellow in this example. No plans reference for any other right, etc described in the head-lease will be referenced on the cadastral unit for the head landlord's title. The legal settler will add details of the head-lease to a Schedule of Leases in the title sheet for the head landlord's title. As it is the head-lease that is subject to the sub-lease, there will be no reference on the head landlord's title (either on the cadastral map or in the title sheet) for the sub-lease.
Tenant's title - head lease - 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). In this example, the extent has been tinted pink although a red edge would also be a suitable reference to use. No reference is required for the extent of the head landlord's title. No plans reference for any other right, etc described in the head lease will be referenced on the cadastral map or on supplementary data for the tenant's title. Instead, the head 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. Please note that a title sheet need not always be created for a recorded head lease when a sub-lease is being registered. The landlord's title must be registered so that a cadastral unit exists/is created, but if the head lease is already in the Sasine register, it can be "deemed as registered" with no title sheet created for it.See APR - Lease Scenarios and Outcomes for a scenario of this.
Tenant's title - head lease - what is shown on supplementary data - before referencing the sub-lease As the head 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 head lease is referenced on the cadastral map or on supplementary data for the tenant's title.	Not applicable in this scenario.
Tenant's title - head lease - what is shown on the cadastral map - after referencing the sub-lease As the sub-lease affects only part of the head lease title (tenant's title), a plans reference is required on the cadastral map for the the head lease title to show that part that is subject to the sub-lease. The extent of the sub-leased subjects are shown edged and numbered 1 in yellow in this example, and are classified as Lease. No plans reference for any other right, etc described in the sub-lease will be provided in the head lease title sheet. The legal settler will add details of the sub-lease to a Schedule of Sub-Leases in the head lease title sheet.
Sub-Tenant's title - sub lease - what is shown on the cadastral map Only the extent of the sub-leased subjects is shown on the primary ungrouped layer of the cadastral map (classified as Lease). In this example, the extent has been tinted blue although a red edge would also be a suitable reference to use. No other plans reference from the head landlord's title or from the head lease title is to be brought forward. Instead, the sub-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.
Sub-Tenant's title - sub lease - what is shown on supplementary data As the sub-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 sub lease is referenced on the cadastral map or on supplementary data for the sub-tenant's title.	Not applicable in this scenario.

3 Head lease of part and Sub-lease of further part (tenement)

Head Landlord's title to a flat or unit within the plot of land (tenement steading cadastral unit) - before referencing the head lease The head landlord's title to the flat(s) or unit(s) within the plot of land is already registered in the land register. The first image, right, illustrates the tenement steading cadastral unit as it it shown on the primary ungrouped layer of the cadastral map - a red edge for the tenement steading cadastral unit extent (classified as Tenement Steading). The second image, right, illustrates the grouping containing the supplementary data showing the references pertaining to the flats or units within the head landlord's registered title - pink and blue tints for the ground floor shop premises, and blue and yellow tints for the basement premises (classified as Ownership - Strata).

Head Landlord's title to a flat or unit within the plot of land (tenement steading cadastral unit) - after referencing the head lease The head lease is a lease of part of the tenement steading cadastral unit (the plot of land), and is also a lease affecting all of the head landlord's registered ownership within that tenement steading. No duplicate or separate plans reference will be required for the leased subjects in the mapping of the head landlord's title as this is the style followed when registering leases in tenements. Instead, a verbal description of the leased subjects will be added to the a Schedule of Leases in the head landlord's title sheet by the legal settler. No plans reference for any other right, etc described in the head lease will be referenced in the mapping of the head landlord's title. As it is the head-lease that is subject to the sub-lease, there will be no reference on the landlord's title (either on the cadastral map or in the title sheet) for the sub-lease.

Tenant's title to a flat or unit within the plot of land (tenement steading cadastral unit) - head lease - what is shown on the cadastral map and on supplementary data - before referencing the sub-lease If the head lease is being registered, only the tenement steading cadastral unit will be shown on the primary ungrouped layer of the cadastral map - a red edge for the tenement steading cadastral unit extent (classified as Tenement Steading). The head-lease is a lease of part of the tenement steading cadastral unit, and also a lease of all of the head landlord's registered ownership within that tenement steading. In this example, the extent of the flat or unit being leased is the same as the ownership title and will be mapped in the grouping containing the supplementary data - pink and blue tints for the ground floor shop premises, and blue and yellow tints for the basement premises (classified as Lease). No other plans reference from the ownership title is to be brought forward. No plans reference for any other right, etc described in the head lease will be referenced on the cadastral map or on supplementary data for the tenant's title. Instead, the head 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 to a flat or unit within the plot of land (tenement steading cadastral unit) - head lease - what is shown on the cadastral map and on supplementary data - after referencing the sub-lease The sub-lease is a lease of part of the tenement steading cadastral unit (the plot of land), and is also a sub-lease only part of the head lease subjects. No duplicate or separate plans reference will be required for the sub-leased subjects in the mapping of the head lease title as this is the style followed when registering leases in tenements. Instead, a verbal description of the sub-leased subjects will be added to the a Schedule of Sub-Leases in the head lease title sheet by the legal settler. No plans reference for any other right, etc described in the sub-lease will be referenced in the mapping of the head lease title.

Sub-tenant's title to a unit within the plot of land (tenement steading cadastral unit) - sub-lease - what is shown on the cadastral map and on supplementary data In this example, the sub-lease being registered is a sub-lease of part of the tenement steading cadastral unit, and also a sub-lease of only part of the head lease subjects. Only the tenement steading cadastral unit will be shown on the primary ungrouped layer of the cadastral map - a red edge for the tenement steading cadastral unit extent (classified as Tenement Steading). The extent of the part of the tenement being sub-let can be either described verbally in the sub-lease title sheet or shown with a plans reference in a grouping containing supplementary data for the sub-tenant's title. In this example, the extent of the unit being sub-let is the ground floor shop unit which is tinted pink in the grouping containing the supplementary data (classified as Lease). No other plans reference from the head lease or ownership titles is to be brought forward. No plans reference for any other right, etc described in the sub-lease will be referenced on the cadastral map or on supplementary data for the sub-tenant's title. Instead, the sub-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.