This is the registration manual for 1979 casework.
Do not under any circumstances use the information here when settling 2012 casework. This resource has been archived and is no longer being updated. As such, it contains many broken links. Much of the information contained here is obsolete or superseded.

P21 Categorisation

This page duplicates the content in the Legal Manual section 48.  All changes made to the Legal Manual will be reflected here.

48.1 Introduction

The grade of officer who will settle a case from both a plans and legal angle is determined basically by two factors:

1. whether the case is a first registration, transfer of part or dealing with whole; 

and 

2. the complexity of the case.

The initial categorisation of a case will take place at as early a stage as possible in the process; for first registrations this is when the case is being idented. However, as more information becomes available and title issues are identified, then the category can be amended to reflect the appropriate level of complexity.

The following tables define the categories for each product type. It is acknowledged that there will be examples pertinent to specific areas. Such examples can be added to the following definitions, provided there is agreement across all production areas to ensure Agency-wide consistency of approach. Any new examples should be brought to the attention of registration services for inclusion in this chapter at a later date.

 

Table of Contents

48.2 First Registrations

 

Category

Definition

Plans

Legal

A1

Pre-map and Tenement Templates

 

RO2

A2

Pre-map and Tenement Templates (non tenement, outwith RA/PRA)

 

RO1

B

In Research Area, Production Research Area or Prior Registrations

• 1st Removal from Tenement/4, 6, 8 & c. in a block (instructional map available from R/A)
• Pre-determined styles from R/A’s
• D.O.G. Developments
• Straightforward red edge Answer 2 P16s
• Last removal from four in a block
• Instructional Map
• Straightforward red edge, no P16 available
• Flatted properties where some consideration on plotting is required - up to three rights (excluding 1st removal)
• Removal from 4, 6, 8 & c. in a block other than first removal

SO1

RO2

C

In Research Area

• First removal from four in a block
• First removal from tenement
• Flatted properties where some consideration on plotting is required - more than three rights
• Registration in more than one R/A
• Red edge where some consideration on extent is required

RO2

RO2

C1

New Development and PAI

As appropriate

As appropriate

D

Non Research Area (Urban property)

• Red edge, single burden deed referred to, the burden deed being the breakaway deed
• Red edge tenement property where the common deeds have been edited under a previous registration

RO2

RO2

E1

Non Research Area

• Red edge with up to three references, up to three or less deeds for burdens referred to
• Farms with less than 3 deeds for burdens

RO2

RO1

E2

Non Research Area

• Multiple references
• Farms with 4 - 6 deeds for burdens referred to
• Tenements under exception
• Straightforward leases

RO2

RO1

E3

Non Research Area

• Split villas where consideration on multi reference styles is required and consideration of common rights &c. are required
• More than 6 deeds referred to for burdens not previously examined
• Batch casework; Amalgamations, absorptions, FA's etc.
• Complex leases

RO2

RO1

X1

Developing titles

RO1

SCW

X2

Project Work

• Local authority re-organisation of housing stock
• Scottish Homes housing transfers
• Development corporations transferring housing stock

RO1 to lead/ RO2 or SO1 to do

SCW to lead/ RO1 to do

X3

Special Products

• Minerals
• Fishing rights/salmon fishings
• Foreshore
• Shopping centres
• Industrial estates
• Unusually complex cases

RO1/RO2

SCW

X4

Feudal Abolition Casework

• Casework controlled by dedicated team

As appropriate

As appropriate

X5

Legacy Casework

• Defined by date

As appropriate

As appropriate

 

48.2.1 Category B (plans SO1 and legal RO2)

Plans

It should be recognised that, before examining the undernoted definitions, category B casework should not involve an SO1 officer making a mapping decision where there is an element of risk taking (e.g. the measurements contained on the deed plan or in the bounding description do not coincide with the ordnance map) unless clear instructions are given to accept the features as defined. Certain cases may require an element of plotting on to the ordnance map, however, this should generally be prolongations, or simple plotting, which does not require extensive usage of the construction elements of the drawing tool. The following are examples of what should be regarded as category B casework:

    • First registration out of a tenement where instructional map is given through the research area case notes on the DMS and is only site plan method (red edge same as research area extent and can be copied through from index map layer of DMS).
    • Subsequent flatted properties from a research area or prior registration where the extent of the flat and associated rights are exactly the same as a prior title in terms of extent, albeit on a different floor level, and duplicate title can be employed. Only applications which replicate the identical extent of another title should be settled as category B.
    • Pre-determined mapping styles/extents where full mapping instructions are contained in the research area case notes on the DMS.
    • Development on the Ground Sites (D.O.G.) where a decision has already been made, by a higher grade officer, to accept the position on the ground in well established housing schemes and this will be carried forward with the P16 answer. This is where no consideration regarding the extent is necessary other than perhaps prolongations off defined boundary features.
    • Straightforward red edge plots where an ‘answer 2’ P16 has been given and falls wholly within a research area. In other words, the extent of the subjects agrees with the OS map and the research area has proved title.
    • In a typical builder’s title e.g. Wimpey Homes, there will always be common areas that perhaps require plotting: provided the first registration out of the development is completed then all subsequent removals can have the ‘common area’ copied through from the Index Map.
    • Straightforward red edges with no P16 available, where the extent falls wholly within a research area and is fully defined by the ordnance survey map and agrees with the measurements defined in on the deed plan. In other words, the extent of the subjects agree with the O.S. map and the research area has proved title.
    • Generally, (and subsequent to the first removal from a tenement or four in a block), where up to three references, in addition to the steading extent, require independent plotting and referencing.

There should be little variance in the nature of casework going to the RO2 legal settler from categories B and C, therefore no definitions have been considered from a legal point of view.

48.2.2 Category C (Plans RO2 and Legal RO2)

Plans

It is recognised that, within research areas, there are properties or situations which arise that require elements of consideration or input from a higher level. (Input at RO2 level should not be required if prior instructions exist). Examples of casework falling into these categories are:

  • First removals from either a tenement, or four in a block, to ensure consideration is given to the setting up of styles for subsequent registrations to be completed as A or B category casework.

  • Generally, (and subsequent to first removal being established) when more than three areas, in addition to the steading extent, require independent plotting and referencing.

  • Registrations from more than one research area. This casework can prove more complicated, because of the need to take into account the differing instructions in the various research area files, and to consider the plans references required.

  • Potential extent problems in relation to either the index map or O.S. map which are easily identified at ident stage, e.g. last flats &c out of steading.

Legal

There should be little variance in the nature of casework going to the RO2 legal settler from categories B and C, therefore, no definitions have been considered from a legal point of view.

48.2.3 Category C1 (As appropriate)

Casework that is placed in 'New Development' pending OS detail or PAI update.

48.2.4 Category D (Plans RO2 and Legal RO2)

This category of casework is self-explanatory, although some units may wish to specify individual types of casework under this definition, e.g. Council house sales etc.

48.2.5 Category E1 (Plans RO2 and Legal RO1)

E1 definitions cover any casework with up to 3 burdens deeds referred to and can, therefore, cover a variety of casework such as:

  • Red edges with up to 3 burdens deeds, recognising that there may be a requirement of plans references within the scope of the 3 burdens.

  • Farms with less than 3 burdens deeds for burdens. For the avoidance of doubt these farms can range from single holding to large multi flapped extracts. They are however governed by the number of burdens deeds.

48.2.6 Category E2 (Plans RO2 and Legal RO1)

This category is used for any cases which do not fall within categories D, E1 or E3. The majority of E2 category casework falls within the following definitions:

  • Casework with 4 - 6 deeds for burdens referred to. These can range from house plots, to small steadings, to large multi flap extracts.

  • Tenements under exception (last flat in tenement) where the subjects being registered are described as being the tenement steading under exception of the flats and rights thereto previously conveyed.

  • Straightforward leases i.e. deed plans with no (or single) floor level.

  • G.V.D.s - road widening etc., where consideration and plotting of extent is required.

48.2.7 Category E3 (Plans RO2 and Legal RO1)

  • Casework with more than 6 deeds referred to for burdens
  • Split villas, maisonettes, split reference type properties where consideration on multi reference styles is required and consideration of common rights &c. are required. (If PR - consider category D)
  • Batch casework: FAs (or as lead case if higher), amalgamations, absorptions - essentially a number of applications with the same title number (excluding simple DWs attached).
  • Potential extent problems in relation to either the Index Map or O.S. Map which are easily identified at ident stage, e.g. last flats &c out of steading.
  • Complex leases - multi floor level involvement.

48.2.8 Category X1 (Plans RO1 and Legal SCW)

  • This covers areas of ground that are currently active in terms of being developed, i.e. there are transfers of part applications pending, not just a sale of ground to a builder.

48.2.9 Category X2 (Plans RO1 to lead and Legal SCW to lead)

  • Large scale transfers from holders of large housing stock.

48.2.10 Category X3 (Plans RO1/RO2 and Legal SCW)

  • Any applications that include minerals, foreshore, or fishings as a pertinent qualified by the words ‘so far as we have right thereto’ should be processed as far as possible, and the agent contacted and advised that the pertinent will not be reflected in the title sheet. If there is evidence in the application, or the agent submits fresh information to support the inclusion of the pertinent, it should be referred to STL/SCW for further advice.

48.2.11 Category X4 (As appropriate)

  • Feudal abolition casework which has been categorised by the dedicated teams.

48.2.12 Category X5 (As appropriate)

  • Legacy casework defined by date.

48.3 Transfers of Part

CAT

DEFINITION

PLANS

LEGAL

A

Instructional Map

SO1

RO2

B

All Others

RO2

RO1

X1

First Removal from development with 10 or more TPs

RO1

SCW

X2

Project Work

  • Local Authority re-organisation of housing stock
  • Scottish Homes housing transfers
  • East Kilbride Development Corporation selling housing stock

RO1 TO LEAD/ RO2 TO DO

SCW TO LEAD/ RO1 TO DO

X3

Special Products

  • Minerals
  • Fishing Rights/Salmon Fishings
  • Foreshore
  • Shopping Centres
  • Industrial Estates
  • Extra Complex
  • Miscellaneous mapping based on full instructions/guidance

RO1/ RO2

SCW

X4

Feudal Abolition Casework

• Casework controlled by the dedicated teams

As appropriate

As appropriate

X5

Legacy casework

  • Defined by date

As appropriate

As appropriate

TAs should be categorised as per lead case.

Annex: TP Category A Casework:

48.3.1 Category A (SO1 Plans and RO2 Legal)

The only TPs to go directly for SO1 settle will be those from a development for which a mapping style has been agreed. These may include multiple applications if they are taken account of in the mapping instructions, and may involve using supplementary plans from either the image tool or the index layer and inset plans. As none of these cases will have been examined by a higher grade, any individual problems that may be encountered by the SO1 will have to be referred up. An element of plotting on to the Ordnance Map may be required which necessitates the usage of ANY or ALL of the Drawing Tool `Elements` and `Controls` functions (i.e. not just for simple prolongations).

Provided an L53 Record Card has been prepared to give full Legal instructions the cases will be settled by RO2 Legal.

48.3.2 Category B (RO2 Plans and RO1 Legal)

Depending on Business Unit needs, RO1 and RO2 Plans officers have the capacity to refer category B casework to an SO1 for MAP, provided full instructions are given and immediate referral routes are open. For the avoidance of doubt, although the SO1 may authorise the Title Plan on the DMS, the higher grade who instructed the map is ultimately responsible for the actual casework settled.

48.3.3 Category X1 (Plans RO1 and Legal SCW)

  • This covers the first removal from a development of 10 or more TP's.

48.3.4 Category X2 (Plans RO1 to lead and Legal SCW to lead)

  • Large scale transfers from holders of large housing stock.

48.3.5 Category X3 (Plans RO1/RO2 and Legal SCW)

  • Any applications that include minerals, foreshore, or fishings as a pertinent qualified by the words ‘so far as we have right thereto’ should be processed as far as possible, and the agent contacted and advised that the pertinent will not be reflected in the title sheet. If there is evidence in the application, or the agent submits fresh information to support the inclusion of the pertinent, it should be referred to STL/SCW for further advice.

48.3.6 Category X4 (As appropriate)

  • Feudal abolition casework which has been categorised by the dedicated teams.

48.3.7 Category X5 (As appropriate)

  • Legacy casework defined by date

48.4 Dealings with Whole

Category

Definition

Plans

Legal

A

Discharge, Dispositions, Standard Securities, Simple Ranking cases e.g. 2nd Securities, Improvement / Repair grants, Disps of or including Liferent, Deeds of Variation

Simple assignations of Lease, Sales by executors *

Power of Sale * Removal of exclusion notes /MH2 (on referral only)*

 

SO1

A1

Two Day Settle DWs

 

SO1

B

Irritancy of lease; Assignations of Lease requiring A or D

amendments; Deeds of Conditions; Deeds of Disburdenment;

Deeds of Postponment; Deeds of Restriction; Disposition AD REM; Floating Charges; Limited Company securities; Minutes of Agreement; Ranking Agreements ; Renunciations; Servitudes; Section 19 Agreements; Minutes of Waiver; Form 8 Applications

 

RO2

C

Dealing over Parent Title –

Dealing attached to dealing over Parent Title

 

RO1

D

Dealings travelling with FR/FAs or TP/TAs but which relate to a different Title Number

 

As lead case

Y

Dealing attached to a First Registration

As lead case

As lead case

Z

Dealing attached to a Transfer of Part

As lead case

As lead case

X3

  • Extra Complex
  • Cases that are referred to legal services
  • Multiple title applications

As lead case

As appropriate

X4

Feudal Abolition Casework

  • Casework controlled by the dedicated teams

 

 

As appropriate

X5

Legacy Casework

  • Defined by date

 

As appropriate

R1

Automated Registration of Title to Land Application - to be settled within same day.
Application does not require consideration or action:

  • No Next Application Notes or no action required for Next Application Notes.
  • No notes or no action required for notes.

 

SO1

R2

Automated Registration of Title to Land Application - to be settled within same day.
Application requires consideration and possible action:

  • Next Application Notes (to be deleted only)
  • Notes (action may be required)

 

SO1

R3

Automated Registration of Title to Land Application.

Application requires consideration and cannot be completed same day. E.g:

  • Next Application note exists and requires consideration
  • Pending application exists
  • B section notes require consideration.
  • Register of Inhibition and Adjudication Disclosure
 

SO1

 

 

 

 

*
This is the registration manual for 1979 casework.
Do not under any circumstances use the information here when settling 2012 casework. This resource has been archived and is no longer being updated. As such, it contains many broken links. Much of the information contained here is obsolete or superseded.
*

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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