How to Map a Lease or Sub-lease Affecting More Than One Landlord's Title

General

Occasionally, the Keeper will be required to make up and maintain a title sheet for a lease (or a sub-lease) that forms part of more than one cadastral unit. An example would be when the land owned by the landlord is already registered in the land register but is split between two or more separate title sheets.

A single title sheet for the lease (the tenant's interest) will be made up and it will refer to the leased subjects being all or part of the multiple cadastral units created for the plots of land (the landlord's interest).

If the landlord's titles to any of the plots of land are already in the land register, but were registered under the 1979 Act, they will need to be updated to make them 2012 Act compliant before the registration of the lease can be completed. If the landlord's titles to any of the plots of land are not currently in the land register, the application to register the lease triggers a process under the 2012 Act known as Automatic Plot Registration, or APR. The Keeper will create a new cadastral unit for that plot of land with a new title sheet for the landlord's interest in that plot of land, and this will become subject to the lease being registered.

1 Key additional points for plans settlers - Mapping a lease or sub-lease affecting more than one plot of land
2 Example of mapping style - lease affecting more than one cadastral unit/tenement steading cadastral unit

Useful links

How to map a lease of whole

How to map a lease of part (non-tenement)

How to map a lease of part (tenement)

How to map a sub-lease

There will be instances where the lease or sub-lease defines the "Landlord's property" or "Landlord's land" as comprising more than one registered title, however the extent of the subjects actually being leased or sub-leased only falls within one of those cadastral units. In cases such as this, only the cadastral unit that is being wholly or partly leased or sub-leased should be referred to in the property section of the lease or sub-lease title sheet. If you are unsure, please discuss with your referral officer.

Key additional points for plans settlers - Mapping a lease or sub-lease affecting more than one plot of land

The basic principles when dealing with a lease or sub-lease that affects more than one plot of land (landlord's title split into more than one title sheet) are the same principles to be followed when dealing with a lease or sub-lease that affects a single plot of land. Therefore, the additional steps or points to be considered, below, should be read in conjunction with the relevant Further Guidance page. - How to map a lease of whole, How to map a lease of part (non-tenement), How to map a lease of part (tenement) or How to map a sub-lease.

1 Map the extent of the 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).
Separate references for the parts from each ownership title are not required.

2 LRS title notes will need to be added to explain to the legal settler how the lease relates to the various titles owned by the landlord, for example:

"The subjects in this title are a lease of whole of cadastral units FFExxxx & FFEyyyy"
"The subjects in this title are a lease of whole of cadastral units FFExxxx & a lease of part of FFEyyyy. The lease has been edged and no'd 1 in yellow on FFEyyyy in so far as affects."

3 The cadastral unit field in the property section of the lease title sheet should be manually amended to show the cadastral unit number of the first plot of land (one of the landlord's titles). Due to current IT constraints, only one cadastral unit number can be entered in this field. Until such times as an IT update is available, a note should be added to the property section detailing all of the cadastral units affected by the lease.

If the lease is a lease of whole - "The subjects in this title comprise the following cadastral units - title number 1, title number 2, etc."

If the lease is a lease of part - "The subjects in this title form part of the following cadastral units - title number 1, title number 2, etc."

4 The property section of the lease title sheet will refer to the cadastral unit for the plots of land.

If the lease is a lease of whole -

If the lease is a lease of part -

If the lease is a combination of a lease of whole and a lease of part, use a combination of the above - for example, "Subjects (1) cadastral unit x and (2) part of cadastral unit y being address of lease subjects edged zzz on the cadastral map."

Scenario A - two or more tenement steading cadastral units

1 In the lease title, map the extent of the two (or more) tenement steading cadastral units on the primary un-grouped layer of the cadastral map.

The extent of the tenement steading cadastral units will normally be mapped with red edges and labelled in red with numbers (1, 2, etc.). Tinting method can be used where it is more appropriate due to the shape and size of the polygons.
As with any other type of property within an tenement steading, the 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.
If a plans reference is required for the flat or unit being leased, this will be mapped in a grouping showing supplementary data. The leased subjects will normally be mapped using tinting method.

2 LRS title notes will need to be added to explain to the legal settler how the lease relates to the various titles owned by the landlord, for example:

"The subjects in this title are a lease of whole of the titles in FFExxxx & FFEyyyy"
"The subjects in this title are a lease of part of the titles in FFExxxx & FFEyyyy."
"The subjects in this title are a lease of whole of title FFExxxx and a lease of part of FFEyyyy."

3 The cadastral unit field in the property section of the lease title sheet should be amended to show the tenement steading cadastral unit number of the first tenement steading cadastral unit number. Due to current IT constraints, only one cadastral unit number can be entered in this field. Until such times as an IT update is available, a note should be added to the property section detailing all of the cadastral units affected by the lease.

"The subjects in this title form part of the following cadastral units - tenement steading cadastral unit number 1, tenement steading cadastral unit number 2, etc."

4 The property section of the lease title sheet will refer to all of the tenement steading cadastral unit numbers - see Further Guidance on Property section styles - leases.

Scenario B - a combination of tenement steading cadastral unit(s) and non-tenement cadastral unit(s)

This is a particularly complex scenario, and each one will need to be be considered by a Senior Plans Advisor to establish the best approach for that particular lease.

1 If the lease is a lease of whole of one (or more) of the landlord's titles:

No separate or duplicate plans reference for the extent of the lease is required on that title.
A title note should be added to the LRS asking the legal settler to add a Schedule of Leases to that title sheet.

2 If the lease is a lease of part of one (or more) of the landlord's titles:

A plans reference for the extent of the lease is required on that title in so far as affects - see Further Guidance page How to map a lease of part (non-tenement) for more details, the reference is normally a yellow edge & number.
If the landlord's title sheet already includes a Schedule of Leases, a title note should be added to the LRS asking the legal settler to add the lease to that schedule.
If the landlord's title sheet does not already include a Schedule of Leases (in other words, this is the first part of the landlord's title being leased), a title note should be added to the LRS asking the legal settler to add a schedule to the title sheet.

3 Add the relevant LRS notes explaining how the leased subjects relate to the landlord's subjects. The legal settler will need this information to create the appropriate Schedule of Leases entry.

If all of the landlord's subjects in one title are within the leased subjects, then the note should explain to the legal settler that the whole of that landlord's title is being leased - for example "The whole of the subjects in this title have been leased under GLAxxxx".
If the landlord's registered subjects in one title other ground that is not part of the leased subjects, then the note should explain to the legal settler that only part of that landlord's title is being leased - for example "Part of the subjects in this title have been leased under GLAxxxx".

1 As with leases in a single tenement steading cadastral unit, no plans reference will be provided in the landlord's title sheets. Instead the lease will be added to a Schedule of Leases in each of the landlord's titles.

2 Add the relevant LRS notes explaining how the leased subjects relate to the landlord's subjects. The legal settler will need this information to create the appropriate Schedule of Leases entry.

If all of the landlord's subjects in one title are within the leased subjects, then the note should explain to the legal settler that the whole of that landlord's title is being leased - for example "The whole of the subjects in this title have been leased under GLAxxxx".
If the landlord's registered subjects in one title include ground/units that are not part of the leased subjects (i.e. they have a registered title to more in the tenement block than the unit currently being leased), then the note should explain to the legal settler that only part of that landlord's title is being leased - for example "Part of the subjects in this title have been leased under GLAxxxx".

Example of mapping style - lease affecting more than one cadastral unit/tenement steading cadastral unit

Landlord's titles to the plots of land - before referencing the lease The landlord's title to the plots of land are either: (1) already registered in the land register; or, (2) in the process of being registered by way of an APR application that is being processed along with the Lease application (N.B. this second option will only apply when the lease being registered is inter alia a lease of whole of the APR subjects). The images, right, illustrate the cadastral units as they are shown on the cadastral map - a red edge for each cadastral unit extent (classified as Ownership - exclusive), with various other plans references from rights, burdens and removals.
Landlord's titles to the plots of land - after referencing the lease As the lease is a lease of part of each cadastral unit (i.e. smaller than the cadastral unit), a plans reference is required on each of the cadastral units to show the part of that plot of land that is subject to the lease. The extent of the leased subjects is shown edged and numbered yellow on both cadastral units in this example (classified as Lease). No plans reference for any other right, etc described in the lease will be referenced on the cadastral units for the landlord's titles. The legal settler will add details of the lease to a Schedules of Leases in the title sheets for the landlord's titles.
Tenant's title - what is shown on the cadastral map As the lease is not a lease of part of a tenement property, only the extent of the leased subjects is shown on the primary ungrouped layer of the cadastral map (tinted pink and classified as Lease). No references are required for the extents of the landlord's titles. No plans reference for any other right, etc described in the lease will be referenced on the cadastral map or on supplementary data for the tenant's title. Instead, the 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 - what is shown on supplementary data Not applicable in this example.

Landlord's title to parts of two tenement steading cadastral units - before referencing the lease The landlord's titles to the flats or units within the plots of land are either: (1) already registered in the land register; or, (2) are in the process of being registered by way of an APR application that is being processed along with the Lease application. The images, right, illustrate the tenement steading cadastral units as they shown on the primary ungrouped layer of the cadastral map - a red edge for a tenement steading cadastral unit extent (classified as Tenement Steading). In this example, the landlord's titles make use of verbal descriptions for the parts of the tenements they own (the ground, first and basement floors of tenement 240 to 244 Great Western Road, etc). Alternatively, if plans references were needed these would be shown in a grouping containing the supplementary data showing the references pertaining to the flat or unit (classified as Ownership - Strata)..
Landlord's title to parts of two tenement steading cadastral units - after referencing the lease The lease is a lease of part of the two tenement steading cadastral units (the plots of land), and also a lease affecting all or parts of the landlord's ownership titles within those tenements. No separate plans reference will be required for the leased subjects in the mapping of the landlord's titles. Instead, the legal settler will add details of the lease to a Schedule of Leases in the title sheets for the landlord's titles. No plans reference for any other right, etc described in the lease will be referenced in the mapping of the landlord's title.
Tenant's title - what is shown on the cadastral map In the lease application, the tenement steading cadastral units will be shown on the primary ungrouped layer of the cadastral map - a numbered red edge for each tenement steading cadastral unit extent (classified as Tenement Steading). No other plans reference from the landlord's titles (for example, any reference for a right of access or a burdens reference) will be shown in the mapping of the tenant's title. No plans reference for any other right, etc described in the lease will be referenced in the mapping of the tenant's title. Instead, the 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 by the legal settler.
Tenant's title - what is shown on the supplementary data In the lease application, the extent of the flat or unit being leased will be mapped in the grouping containing the supplementary data - pink tint for the ground floor showroom premises (classified as Lease). No plans reference for any other right, etc described in the lease will be referenced in the mapping of the tenant's title. Instead, the 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 by the legal settler.