8.3.2 Site Plan with Verbal References

The extent of the tenement steading is edged red on the Title Plan either in accordance with the written instructions (whether specifically for the case itself or by way of Research Area instructions), or in accordance with a prior registration of a unit in the steading adding any specific boundary references as required in accordance with instructions detailed above.

The deed referred to for extent (known as the "breakaway deed", being a deed which starts a new prescriptive progress of title i.e. a separate entity for the first time) will normally refer to various other pertinents (e.g. cellars, wash-houses etc.) and rights, and when this is done verbally Plans Staff will limit their drafting in the A Property Section to the property description, e.g.

"Subjects within the land edged red on the Title Plan being the westmost dwellinghouse on the first floor above the ground floor of the tenement 32 PAISLEY ROAD, RENFREW".

The Plans Settler will then advise the Legal Settler to edit the other pertinents and rights into the A. Property Section (as per the instructions in section 6.8 of the Legal manual).

e.g. Please edit in pertinents and rights from Deed 'X'

NOTE: Further examples of property descriptions are given elsewhere covering variations in tenement styles.

Case notes in the DMS Maintain Title Details will include a brief description and will refer to the location and floor level of the flat (or shop) e.g.

"northmost 1st floor No.24" or "lefthand/westmost top floor" or "eastmost ground floor shop No.38 with basement"

Road names need only be included if the tenement block is numbered to two roads at a road junction.

NOTE: An accurate and precise description is essential in connection with Form 10 reports (searches ascertaining whether or not a particular property is registered) or with subsequent registrations which due to errors involving the descriptions in deeds (or due to fraudulent conveyancing!) may share the same description. Such instances need to be spotted as early as possible for obvious reasons. To help assist in identifying the position of tenement flats in a block, if the deeds relate both the compass position and the location related to the stairs (e.g. "westmost or left-hand") then both descriptions are included in the casenotes. (Remember that the Property Description will always favour the compass position).

8.3.3 Site Plan with Plan References

When plans are included in the foundation deed of tenement property the deed must be read carefully. It is important to establish which of the subjects in the deed can be precisely identified.

Plans Staff should be on the look out for the following phrases in this type of deed:

Although the "common pathways" and "parts used mutually" fall within the steading they cannot be precisely identified on the Ordnance Maps.

The extent of the Tenement steading is edged red on the Title Plan either in accordance with the written instructions whether specifically for the case itself or by way of Research Area instructions, or in accordance with a prior registration of a unit in the Steading, adding any additional references for those parts specifically delineated on deed plans and any specific boundary references as required in accordance with instructions detailed above.

The following is an example of this method: -

The foundation deed to a tenement flat contains a description as to the position of the flat, but also contains a plan which shows a piece of garden ground and a cellar, both exclusively owned by the proprietor. The deed shows there is also a right in common to a drying green and common yard indicated on the plan. The deed further specifies rights to all other areas used mutually and to the boundary fences of the steading.

References will be given for the garden ground, cellar, drying green and common yard.

The 'A' Property Section will be restricted to the postal address and location of the flat, the garden ground and cellar only (i.e. exclusive property).

e.g. "Subjects within the land edged red on the Title Plan being the westmost dwellinghouse on the ground floor of the Tenement 32 PAISLEY ROAD, RENFREW with the garden ground and cellar tinted pink and yellow respectively on the said plan."

NB Further examples of property descriptions are given elsewhere covering variations in tenement styles.

The following note to Legal Staff will be made

The following references have been supplied: -

In those instances of the registration of shop premises where only the shop itself is delineated on the deed plan and other rights are verbal, a reference for the shop is given and the A. property section is completed accordingly .

If the amount or size of the required references were to prove confusing on the 1:1250 scale print, consideration can be given to the use of and Enlargement or Enlarged Plan but if the process looks at all confusing, consideration should be given to the use of a supplementary plan (See below).

In some instances where the steading is covered by a multitude of complex pertinents and rights the plans officer should refer the Application to the Legal Settler to consider and advise as to what references will be required before completing the mapping.

8.3.4 Site Plan with Supplementary Plan

It is not uncommon for extent deeds in Tenement cases to depict most, if not all the various interests relating to the subjects being registered. The plan by necessity is usually of a large scale so that the smaller areas can be clearly depicted, therefore it can be seen that it is not always possible to show these areas on a 1:1250 scale Title Plan. Specific enlargements may be considered, but if these proposals still fail to produce a clear representation of the title, consideration has to be given to producing a supplementary plan based on the relevant deed plan.

The purpose is to simplify mapping and legal procedures so that all reference to pertinents and rights can be covered by reference to the Supplementary Plan.

Plans Staff will prepare the Title Plan by edging the steading red, giving references, where required, for burdens from Research Areas and any necessary boundary references. Stamps will be added as necessary to the Title Plan together with the "SEE SUPPLEMENTARY PLAN TO THE TITLE PLAN" Stamp.

When colours are shown on the deed plan from which the Supplementary Plan is prepared it is necessary to check the deed very carefully to see that these colours are referred to, as if no reference is made in the deed to the colours they should not be shown on the Supplementary Plan.

Completion of the A. Property Section will be limited to the exclusively owned portions only, unless there are various complicated rights (solum etc.) that share the same references when the description should be restricted to the dwelling house (or shop) only.

If the subjects were mapped using the supplementary plan method, the A. property section would read thus: -

"................. tinted pink and yellow respectively on the Supplementary Plan to the Title Plan."

The following note to Legal Staff should be made: -

"Please note that a Supplementary Plan to the Title Plan has been prepared for use in conjunction with the Title Plan for pertinents and rights in deed ........ Where the Deed refers to the plan to that deed, edit in "the Supplementary Plan to the Title Plan."

8.3.5 Tenement Solum Only

Occasionally, it is found that either due to a lack of a clear bounding description, or due to conflicting information in the deeds, the full tenement steading cannot be identified. All reasonable steps are taken to try to identify the extent, including checking the edition of the County Series Map nearest in age to the age of the extend deed, and/or contacting the applicant's Solicitor in an attempt to gain information.

In certain circumstances, mapping could be completed to include a back court open to numerous tenement blocks where back divisions have either disappeared or were never erected. The area could include the length of a street or just an area at the rear of two or tenements. The description "within the land edged red" will cover the situation, as it is accepted that the area pertaining to the flat being registered must fall within the area.

If all avenues prove fruitless, mapping has to be completed by edging red the Tenement building only. Indemnity is excluded as regards the location and extent of the back green and rights relating thereto.

This procedure is very much the last resort, and is not entered into lightly. As such, it is only completed after consultation with the Legal Examiner.

Where the tenement is one of many that appear to share an open back court of ground that was perhaps at one time divided into steadings, but the boundaries have long since disappeared. The area could consist of anything from land at the rear of two tenements, up to a whole block (i.e. four streets of tenements forming a square). Occasions arise where although the 'quality' of the bounding description is questionable, there may be enough information to disallow the inclusion of any steading. For instance, the tenement block may be on the end of a row sharing the back court, but the deeds suggest that the steading extent includes land now apparently within the occupied extent of adjoining subjects but where deeds for the said adjoining subjects confirm the present occupation as correct.

8.3.6 Modern Block

Generally, mapping of modern blocks can follow on the lines of the traditional tenement blocks, more particularly like those requiring specific plans references.

Unlike traditional tenements, however, the location and extent of the flat itself will frequently be shown on a deed plan. Occasionally, the block itself will be identified, particularly where several blocks are shown within a steading sharing numerous rights. Also, a specific postal number is allocated. Frequently both the block and the flat are shown requiring that the Title plan shows, for example, a blue tint for the solum of the block and a further reference for that portion showing the flat. Such a mapping style is not considered double referencing.

An example of the property description may read thus: -

"Subjects 34 GLEN BRAE, BRIDGE OF WEIR within the land edged red on the Title Plan being the westmost first floor flat hatched blue of the building tinted blue on the said plan."

8.3.7 Property Description

The responsibility for drafting the Property Descriptions for entering in the A. Property section of the Land Certificate rests with Plans Staff.

There are various styles of deeds used in conveying Tenement properties, and it is therefore essential to read the relevant deed (whether the DIR or breakaway) carefully before determining the mapping procedure and subsequently the property description. The mapping style will be site-plan, and apart from the occasional registration of a flat by way of describing the whole plot under various exceptions, the phrase "within the land edged red" will form the key part of the description. The examples given are guides only, and it must be remembered that where possible the description must follow the terms of the deed. If difficulties arise it must be borne in mind that the difficulty may be with the deed itself, so if in doubt, refer.

8.3.8 Flats Merged on Renovation

This usually recurs where a middle flat is split between the (e.g.) east and west most flats on upper floors of a tenement building. Normally mapping is completed on a straight forward site-plan style and no reference is given for the newly acquired portion as this would be misleading and inappropriate. The property description ought to be that of the larger, original flat, as the new, lesser, portion is absorbed into the larger, and no mention is necessary. If the deed suggests anything else, refer to a senior officer.

8.3.9 Boundary References

References will be made in the deed defining the steading for specific lines of boundaries. The bounding description in a deed states the position of a boundary in relation to a physical object - e.g. "Centre line of a mutual fence" or "south eastern face of a washhouse" etc.

8.3.10 Refurbishment

It is not uncommon for a building firm to acquire and refurbish two or more tenement blocks. In such an operation, back greens are frequently re-divided and occasionally left completely open. Whereas in the case of the tenement steading where one or two boundaries at the back have changed - perhaps as a result of replacing walls that have fallen into a state of disrepair - which could be accepted as presently defined (subject to reasonable consideration), such a decision involving "sudden" and large-scale re-development cannot automatically be given the same treatment.

Depending on the circumstances, the steading can be mapped to either

(i.) The particular tenement block plus the entire back court area pertaining to all the tenements where (a) the ground is completely open, (b) it is clear that all the blocks involved form part of the same refurbishment and (c) the wording of the deeds including any Deed of Conditions does not preclude this: or

(ii.) The newly defined steading where the Deed of Conditions (or any other deed) clearly shows or states the new extents and the adjoining steadings that are not part of the refurbishment are not jeopardised by the decision: or

(iii.) To the original Legal extent, despite where the present boundaries are, where no deed including the Deed of Conditions re-defines the back greens. In many instances, this solution is more acceptable to (ii) above as regards risk to the Keeper's indemnity as the Legal position cannot be challenged in the light of the deeds.