Mapping a Demolished Tenement

Introduction

Occasionally, the Keeper will receive an application to register all or part of a demolished tenement building. Section 20 of the Tenements (Scotland) Act 2004 states that the demolition of a tenement building shall not alone effect any change as respects any right of ownership. In practical, registration terms, this means that it is still possible for the owner of a building, or a flat in a building, to sell their right of ownership in that former building, or former flat, after it has been demolished. Depending upon whether the whole of the former building is being registered, or whether it is only a former flat within that building that has been submitted for registration, the owner's title will be registered in a particular way.


Application to Register the Whole of a Demolished Tenement Block

If the application submitted for registration comprises the whole of a former tenement building that has now been demolished, then this is effectively an application to register the plot of ground upon which the former tenement was sited.

Common examples are:

  • a former tenement block that was all in the ownership of a local authority, and which has now been demolished with the plot of ground being sold on for re-development; or
  • a former tenement block that was in the ownership of several owners, which parts have all been bought up by a developer who has then demolished the building in preparation for re-development.

Mapping

  • The plot of ground should be mapped as a cadastral unit on the cadastral map, using normal mapping styles for the size and shape of cadastral unit.
  • Plans references should be provided for any rights that lie beyond the extent of the cadastral unit.
  • Plans references should be provided for any burdens or encumbrances specifically described in the DIR and/or deed for extent.
  • The legal settler will decide, after examining the deeds, if any plans references are required for any or all of the component parts of the building (the former flats) if the title has been bought up piece-meal. If such a reference is required, it will be returned to plans by the legal settler, and the use of an additional layer (or view) of the cadastral map shown on a grouping can be considered for the (former) flat references if the title is becoming visually complex.

Property description in the title sheet

Until such times as the plot of ground is redeveloped (or unless the DIR/application form specifically describes it in another way), the property description on the title sheet should make reference to the former building's address - this allows it to be easily searched against. For example:

  • Subjects cadastral unit DMB123456 being the former site of 59 DUMBARTON ROAD, CLYDEBANK G9 9XX edged red on the cadastral map.

The alternative, if specifically described that way in the application, would be to refer to it like any other plot of ground with no postal address:

  • Subjects cadastral unit DMB123456 on the north side of DUMBARTON ROAD, CLYDEBANK edged red on the cadastral map.

Once the site has been redeveloped and a new address allocated to it, the property description may be updated when a future application for registration is submitted to the Keeper.


Application to Register only Part of a Demolished Tenement Block

If the application submitted for registration relates to only a former flat or unit within a tenement building that has now been demolished, then this will be registered using section 16 of the 2012 Act. In other words, a "former flat" will be registered in the same way as a "flat". This approach can also be used if the applicant is applying to register more than one former flat or unit within a tenement building that has now been demolished, but only if these flats and units don't comprise the whole tenement.

A common examples is:

  • a former tenement block that was in the ownership of several owners, and which was demolished due to it being unsafe, and which parts are in the process of being compulsorily bought up by the local authority. Delays can occur where owners are difficult to locate (for example, absentee landlords), so the local authority submits each former flat for registration when that purchase is completed, rather than waiting for all purchases to be completed.

In the example, above, the new owner may submit several applications at different times to add more former flats or units to the same title sheet. Once the whole block has been acquired and registered, the Keeper will consider if it is appropriate to update the style of the title sheet to reflect that the whole of the cadastral unit is now included in that title sheet - if your application is for the final flat or unit being acquired in a demolished tenement, please refer to a senior referral officer to consider the appropriate course of action.

Mapping

  • The plot of ground upon which the whole former tenement and all its pertinents was sited should be mapped as the tenement steading cadastral unit on the primary ungrouped layer cadastral map, using normal mapping styles for the size and shape of cadastral unit - see Further Guidance page Identifying the Tenement Steading Extent for more details of tenement steading cadastral units. The reference will be classified as Tenement Steading.
  • If the extent of the former flat, or a pertinent of that flat, can be identified from the DIR or deed(s) for extent, these should be shown on a grouping containing the supplementary data. If more than one former flat or unit is included in the title sheet, it may be necessary to show references on more than one grouping if the title is becoming visually complex. These references will be classified as Ownership - Exclusive, Ownership - Shared, etc as appropriate

Property description in the title sheet

Until such times as the plot of ground is redeveloped, the property description on the title sheet should make reference to the former flat or building's address - this allows it to be easily searched against. For example:

  • Subjects part of cadastral unit DMB123456 edged red on the cadastral map being 59C DUMBARTON ROAD, CLYDEBANK G9 9XX being the former eastmost flat on the first floor of the former tenement 59 and 61 DUMBARTON ROAD.

  • Subjects part of cadastral unit DMB123456 edged red on the cadastral map being 59C DUMBARTON ROAD, CLYDEBANK G9 9XX being the former eastmost flat tinted blue on supplementary data 1 on the first floor of the former tenement 59 and 61 DUMBARTON ROAD.

  • Subjects part of cadastral unit DMB123456 edged red on the cadastral map being (1) 59C DUMBARTON ROAD, CLYDEBANK G9 9XX being the former eastmost flat on the first floor of the former tenement 59 and 61 DUMBARTON ROAD, and (2) 61 DUMBARTON ROAD, CLYDEBANK G9 9XX being the former ground floor shop unit of the former tenement 59 and 61 DUMBARTON ROAD .


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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