Parent Title Update - TP Legal - Tenement Non Instructional

Process Steps

Import sections into tenement steading Parent Title

7.1 Complete a title search of the Parent Title (PT), arrange in date order and identify any unregistered DW(s) and TP(s) over the PT.

7.1.1 Consider how DW affects TP/PT and on completion of the initial examination and deed examination steps request from support and settle if it is appropriate to do so. If there is more than one DW:

• • Identify all of the DWs that can be settled.
  • Check/print any notes and instructions for each DW application to be settled before attaching on LRS.
  • Attach DW(s) to the earliest application.
  • Use the earliest application to complete parent title update and ensure the correct title version of the title sheet is used.

7.2 From LRS workdesk open the PT title sheet.

7.3 Import the following from the Grand Parent title:

7.3.1 Property Section (select only relevant fields)

• • Suffix
  • A Section Notes
  • Boundary Notes
  • Schedules.

7.3.2 Proprietorship Section:

• • From other version

7.3.3 Securities Section:

• • From other version

7.3.4 Burdens Section:

• • Add from other version making any necessary amendments to references
  • Select OK
  • Select the Other tab
  • Insert the Grand Parent Title Number
  • Select the registered version
  • Select OK

7.4 Add a schedule of removals for any flats that had been removed under 1979 rules, if appropriate.

7.5 Give consideration to the burdens that affect the tenement steading and delete any entries that do not affect.

Amend PT proprietorship section

8.1 Complete ROI and consider the effect of any Advance Notices on the PT deed under examination, following the steps detailed in the Update Proprietorship Section - Complex DW process.

8.2 Check the proprietor's designation and formatting of entry and amend if new detail is included in any of the deeds under examination, in the latest settled TP or in the application form.

8.2.1 Check the 'type' field is correct (P = person, C = Company, O = Other) or add/amend as necessary.

8.3 If the proprietor is a non-natural person (e.g. a company) check the following are included in the proprietor entry:

• the legal system under which the proprietor is incorporated or otherwise established
• the company number if allocated in terms of Companies Act
• any other identifier (whether or not a number) peculiar to the proprietor.

8.4 Update consideration to read "……… in respect of the subjects in this Title and other subjects".

8.5 Consider appropriate action for any existing exclusion of indemnity, limitation or exclusion of warranty or caveat.

8.6 Remove any MHA/CPA notes and consider action if additional notes exist.

Amend PT securities section

9.1 Give effect to any changes to the securities section required as a result of DW(s) over PT following the steps detailed in the Update Securities Section - Complex DW process, if applicable.

9.2 Amend any entry(s) to read "…..…over the subjects in this Title and other subjects"

9.3 Delete any time-bound entries outwith their effective date.

9.4 Consider appropriate action for any existing exclusion of indemnity, limitation or exclusion of warranty or caveat.

Amend PT property section

10.1 Add or create schedule of removals

10.2 Give effect to any changes to the property section required as a result of DW(s) over PT following the steps detailed in the Update Property Section - Complex DW process, if applicable. Refer to guidance on dual registration of real burdens and servitudes, if necessary.

10.3 Amend the title sheet update field as appropriate to the date of registration of the last registered DW/TP currently being completed.

10.4 If any of the deeds under examination contain new address details for the parent title subjects, add a note to plans on the title workdesk.

10.4.1 Check the property description includes the cadastral unit number and, if a positive mapping style has been used, the hectarage to 2 decimal places if 0.5 hectares or greater than 0.5 hectares.

10.4.2 If the property description does not include the cadastral unit number and, if applicable, the hectarage, update the property description to include the cadastral unit number and hectarage as instructed by plans.

10.4.3 If plans have not provided instructions, add a note to plans on the title workdesk to update the PT property description.

10.5 If a positive mapping style has not been used, give effect to removal(s) from parent title by adding to existing notes and schedule(s) or creating new notes and schedule(s):

10.5.1 Where plans advise the removal comprises the final flatted property in a block, and also confirm that nothing remains within the cadastral unit, the title sheet can be closed - see guidance at Last Removal - Transfer of Part. (The title cannot be closed on the DMS but can be closed on the LRS). Add note "Title Closed registration continued under XXX XXXXX".

10.5.2 If plans do not confirm everything has been removed, the title sheet for the cadastral unit will need to remain open and the schedule of removals should remain against that title.

10.5.3 In cases of doubt, the title should remain open.

10.5.4 Check the schedule entries are correct and are in date order and amend if necessary.

10.6 Check for any pro indiviso/right in common to an area and consider as per Legal Shared and Sharing Plots Guidance.

10.7 Add a schedule of subsisting rights to real burdens and a cross reference to the schedule in the suffix of the property description, or add an entry to the existing schedule for post appointed day deed, if applicable.

10.8 If the rights include a servitude which has been shown in full in the property description, add note specifying the deed in which the servitude right was created or that it is a prescriptive servitude.

10.8.1 If the servitude right has been included in the property description by way of cross reference to a deed in the burdens section, no note is required.

10.9 Check a TCA property section note is included, if applicable.

10.10 Add note cross referring to burdens section, if required.

10.10.1 If TP breakaway deed contains reservations(s) in favour of the subjects remaining in the parent title, a note is required in the parent title property section cross referring to the entry for the breakaway deed in the parent title burdens section.

10.11 If there is an existing boundary table, change the wording in the heading from 'Title Plan' to 'cadastral map' (e.g. 'The boundary between the points indicated on the cadastral map').

10.12 If any amendments are required to the cadastral map or to the address details, check a note to plans has been added to the title workdesk and refer to plans.