Termination/Renunciation of Lease - Plans Settler

Where the lease title is being closed and absorbed into the landlord's title, the actions to be take by the plans officer will depend on whether or not there are live DCUs/opened versions of the lease title.

A No live DCU/opened version - in other words, the current lease application has not yet been opened in a mapping tool

A2.1 Since the application has not been opened in one of the mapping tools, there is no action required in PV / Plan Approver.

A2.2 Add a note to the title workdesk on the LRS to confirm the closure of the lease title and the continuing landlord's title number (if applicable).

A2.2.1 If the landlord's title is registered, refer to the title sheet into which the lease is being absorbed - "Renunciation [or Termination] of lease - title closed and absorbed into MID12345."

A2.2.2 If the landlord's title is not registered, simply state that the lease title sheet is closed - "Renunciation [or Termination] of Lease - Title closed." 

A2.3 Ensure the category of the case is the same on the LRS and the CMS (to ensure they are synchronised). 

A2.4 Release the application to legal settle for closure of the application in the LRS.

A2.5 Repeat for any other titles that are to be closed as part of the termination/renunciation process.

A2.6 If the landlord's title is registered follow the 'Update Landlord's Title' instructions below.

B Live DCU/pending version - in other words, the current lease application has already been opened in a mapping tool

B2.1 Take the current application on in the LRS under Plans Cancel.

B2.2 Using the Plan Viewer (PV) search for the title number of the title that is to be closed. When you click on the title hyperlink, the Cancel Plan panel will open. Enter the current application number, and click on the Cancel plan button.

The pending version will be cancelled and the title will revert to the previous registered version. The following message will be displayed:

B2.3 Add a note to the title workdesk on the LRS to confirm the continuing title number. For example, "Renunciation [or Termination] of lease - title closed in Plan Creator and absorbed into MID12345."

B2.4 Ensure the category of the case is the same on the LRS and the CMS (to ensure they are synchronised). 

B2.5 Release the application to legal settle for closure of the application in the LRS.

B2.6 Repeat for any other titles that are to be closed as part of the termination/renunciation process.

B2.7 If the landlord's title is registered follow the 'Update Landlord's Title' instructions below.

3.1 In the Plan Creator, open or create the DCU for the application over the lease title that is to be amended.

3.2 There is no requirement to update the mapping of the lease title to make it 2012 Act-compliant. Make the amendments (below) to the references but retain the existing style of registration.

3.3 Reduce the extent of the lease subjects to reflect the partial termination/renunciation.

3.3.1 The reference(s) for the extent of the lease may have originally been shown on the Title Plan, the cadastral map, or on supplementary data depending upon when the lease title sheet was registered and what style was used. References formerly plotted on an SPL will be automatically moved into a grouping on the Plan Creator.

3.3.2 All references migrated from a title originally created in the DMS will need to be classified before the Plan Creator application can be approved. This also applies to references from former SPLs that are now contained in a grouping.

3.3.3 Retaining the original extent and providing a plans reference for the part being renounced should only be done in exceptional circumstances where it is not possible to reduce the extent of the lease subjects. 

3.4 Add any reference on the cadastral map/title plan as instructed by legal or if required as part of an application undergoing registration.

3.5 If the lease title includes scanned supplementary plans/images, follow the guidance on when these can be retained or replaced. Refer to a senior officer, if necessary.

3.5.1 If an existing scanned image is no longer required as a result of the renunciation/partial renunciation, this can be deleted within the DCU for the lease title.

3.6 Authorise the DCU and approve the plan.

3.7 Open application on LRS.

3.8 Add a note to the title workdesk on the LRS advising the legal settler of the amendments that have been made to the lease title on the Plan Creator. For example,

• • If the landlord's title is registered, refer to the title sheet into which the lease is being partially absorbed - "Partial renunciation of lease - extent of red edge has been reduced on the cadastral map/supplementary data. The renounced area is absorbed into landlord's title WLN54376."
  • If the landlord's title is not registered, simply state that the lease is partially renounced - "Partial renunciation of lease - extent of red edge has been reduced on the cadastral map/supplementary data."
  • If a reference has been deleted - "Partial renunciation of lease - blue tint for right of access has been deleted on the cadastral map/supplementary data."

3.9 There is no requirement to fully update the lease title sheet on the LRS to be 2012 Act-compliant.

3.9.1 Check the Real Right field is 2012 Act-compliant, and update if necessary.

3.9.2 Refer to a senior officer if the real right field contains a non-standard entry; for example, a mixed feudal/absolute ownership title or it is an old feudal title habile to include mineral interests. 

3.9.3 Remove any hectarage reference as this is no longer included in lease title sheets.

3.10 Apply and close the application on LRS.

3.11 Release the application to LEGAL SETTLE.

3.12 If the landlord's title is registered follow the 'Update Landlord's Title' instructions below.

4.1 In the Plan Creator, open or create the DCU for the application over the landlord's title that is to be amended.

4.2 There is no requirement to update the mapping of the landlord's title to make it fully 2012 Act-compliant. Make the amendments (below) to the references but retain the existing style of registration.

4.3 Taking into account any instructions from the legal settler, update the mapping of the landlord's title to reflect the termination/renunciation of the lease.

4.3.1 If the lease is wholly terminated/renounced, remove any reference for the extent of the leased subjects and any other plans reference from the lease.

4.3.2 If the lease is partially terminated/renounced, reduce the extent of the reference for the leased subjects.

4.3.2.1 The reference(s) for the extent of the lease may have originally been shown on the Title Plan, the cadastral map, or on supplementary data depending upon when the landlord's title sheet was registered and what style was used. References formerly plotted on an SPL will be automatically moved into a grouping on the Plan Creator.

4.3.2.2 All references migrated from a title originally created in the DMS will need to be classified before the Plan Creator application can be approved. This also applies to references from former SPLs that are now contained in a grouping.

4.3.2.3 Retaining the original extent and providing a plans reference for the part being renounced should only be done in exceptional circumstances where it is not possible to reduce the extent of the lease subjects. 

4.4 Add any reference on the cadastral map/title plan as instructed by legal or if required as part of an application undergoing registration.

4.5 If the lease title includes scanned supplementary plans/images, follow the guidance on when these can be retained or replaced (please note, the guidance page relating to Scanned Plans and Amalgamations may be particularly useful as the process is similar). Refer to a senior officer, if necessary.

4.5.1 If an existing scanned image is no longer required as a result of the renunciation/partial renunciation, this can be deleted within the DCU for the landlord's title.

4.6 Authorise the DCU and approve the plan.

4.7 Open application on LRS.

4.8 Add a note to the title workdesk on the LRS advising the legal settler of the amendments that have been made to the landlord's title on the Plan Creator as a result of the renunciation. For example,

4.8.1 If the whole lease is terminated/renounced, advise the legal settler of all plans references that have been deleted - "Renunciation of lease, 15GLA09876, lease edged & numbered 2 in yellow has been deleted from the Title Plan/cadastral map/supplementary data."

4.8.2 If only part of the lease is terminated/renounced, advise the legal settler of all plans references that have been amended  - "Partial renunciation of lease, WLN54376, extent of lease edged & numbered 2 in yellow has been reduced in the cadastral map/supplementary data", or "Renunciation of lease, WLN54376, access road tinted blue had been deleted from the Title Plan/cadastral map/supplementary data."

4.9 There is no requirement to fully update the landlord's title sheet on the LRS to be 2012 Act-compliant.

4.9.1 Check the Real Right field is 2012 Act-compliant, and update if necessary.

4.9.2 Refer to a senior officer if the real right field contains a non-standard entry; for example, a mixed feudal/absolute ownership title or it is an old feudal title habile to include mineral interests.

4.10 Apply and close the application on LRS.

4.11 Release the application to LEGAL SETTLE.