8.12.2 Mapping Points Requiring Referral

As there are so many types of mapping problems which may arise and the knowledge and experience of the staff handling cases will vary, it is not possible to lay down precise rules as to the type of mapping point which must be referred. However, it may be said that whenever any plans officer comes across a point on which he is uncertain, reference must be made to his technical referee. In addition to boundary questions some of the more common mapping points which a junior officer may need to refer before mapping are described in the following paragraphs.

The question of the size of the area of land being dealt with may be a reason for seeking guidance on the mapping method. Where the land in an Application is of an extremely large area the possibility of using the smaller 1/10,000 scale Ordnance Map should be considered especially where the land is unlikely to be developed, and the detail shown on the 1/10,000 scale is otherwise appropriate to the land. Beware, however, that essential information is not lost: for instance, a deed plan using extracts from 1:2500 scale plans, or even an extract from a 1:10560 scale plan may show detail lost on the 1:10,000 scale. (There appears to have been a shift of criteria as regards some detail that was shown on the 1:10560 maps, but not now reproduced on the 1:10,000 scale). Avoid, if possible, the necessity of having to provide enlargements to show detail at the larger scale. The other extreme where an application includes a very small area may also require consideration. In such cases amalgamation with an adjoining title owned by the applicant is sometimes possible, otherwise the Title Plan may be prepared using "tinting method" - or by the use of an enlargement

Applications including land which abuts water (either tidal of non-tidal) require careful consideration where there is any substantial difference between the detail shown on the Ordnance Map and the deed plans. Such cases may require reference to an appropriate senior officer. Any cases involving doubt should be referred to the Legal Examiner.

NOTE: Any applications involving RIPARIAN INTEREST (interest in the bed of rivers, burns or inland lochs) must always be referred to the Legal Examiner before any further action is taken.

8.12.3 Amalgamation

Amalgamation occurs when two or more plots of land, vested in the same proprietor, are put in the one Title Sheet for the purpose of saving expense and facilitating future transactions.

The proposal to amalgamate may be initiated by Legal Staff or Plans Staff or may be requested by the Solicitors. Normally amalgamation will only be carried out after consultation with Legal Staff and with the Solicitors. The Legal Settler/Examiner has the responsibility of the final decision, therefore reference must be made to Legal Staff before map.

Requests for amalgamation should be referred to the amalgamations officer using the .

8.12.4 Restoration of Title

A restoration occurs when a proprietor, having sold a portion of land out of a registered title later needs to acquire it back (or a part thereof). Although infrequent, when it does occur, it commonly involves a developer who has altered a proposed layout of his development and requires the land to facilitate this.

Such an application must always be referred to legal Staff in the first instance.

8.12.5 Absorption, Confusion, Consolidation or Merger

Instances, under this heading, occur due to the nature of the feudal system which is still, in the main, the basis of land tenure in Scotland. The system has resulted in a complicated chain of superiority and various mid-superiority interests being built up over the ages.

Various parts of the Land Registration (Scotland) Act 1979 Act refer to the absorption or merger of one interest into another. In this context, absorption means the merging of two fees (interests) as in consolidation of dominium utile with the immediate superiority, or the termination of a lease other than by expiry of its natural term.

Legal Staff have the responsibility for confirming whether or not the interests are capable of merger etc.

8.12.6 Survey Cases

Surveys are requisitioned for a variety of reasons, the most straightforward example being to update the Ordnance Map where new development has taken place. They are frequently instigated to check discrepancies between the deed plan and the Ordnance Map and to obtain information as to occupancy, age, nature and usage of areas or buildings and even confirmation of property descriptions.

Surveys are dealt with in depth elsewhere.

8.12.7 Boundaries of Local Authority Properties

Where the deed plans defining District Council property (in this context, the term applies to individual domestic properties) are based on anything other than the Ordnance Map, the usual consideration practices should apply.

However, where the deed plan is a copy of the Ordnance Map it is clear that the council has deliberately revised the map, map to legal extent might be applied. However, care should be taken to ensure that the survey criteria of the Ordnance Map has been taken into account. It is important to understand how the deed plan has been prepared. Experience has shown that Local Authorities have their own individual methods of carrying out surveys and whilst, on the face of it, the deed plan may seem to show up the inaccuracies or the limitations of the Ordnance Map it is not always safe to assume that the deed plan is correct.

It is especially important when dealing with new counties that any applications containing new local authority plans be referred to a senior plans officer if there are any differences between the deed plan and the Ordnance Map. Investigation into the accuracy of the Ordnance Map and the surveying techniques of the local authority may be required.

8.12.8 Souvenir Land

Souvenir Plots can usually be recognised by the very small areas they contain, for example one square foot or one square metre.

The Land Registration (Scotland) Act 1979 Section 4 (1)(b) clearly states that an application for registration shall not be accepted by the Keeper if..."it relates to land which is a souvenir plot, that is a piece of land which, being of inconsiderable size or no practical utility, is unlikely to be wanted in isolation except for the sake of mere ownership or for sentimental reasons or commemorative purposes". The provisions of this section are not evidence of a stuffy bureaucracy. A scheme to sell off (say) 1,000 one-foot square plots and have registered the Titles thereto would employ the Keeper and his staff in a way which could be detrimental to the expeditious registration of the Titles of those whose interest was practical rather than sentimental or commemorative

Any Application which suggests there may be a scheme for selling plots as souvenir land should be referred immediately to Legal

An application to register a very small area of ground which is described as the "Caput" i.e. the residue of a Barony Title, does not constitute Souvenir Land in the terms of the Act.

Also, other very genuine applications to register small areas of ground do not constitute Souvenir Land, for example the acquisition of the site of a wall (say 10 feet by 4 inches) to facilitate access along a driveway. Common sense must prevail.

8.12.9 Scottish Homes Refurbishment

Recently, Scottish Homes have undertaken the refurbishment of various older developments (e.g. blocks of flats) in the Glasgow area. In some of these developments, some of the units with accompanying common rights have, prior to the refurbishment, been feued by Scottish Homes to sitting tenants, whose Titles have been registered in the Land Register. Problems can therefore arise where applications are received that refer to plans that reflect the new situation on the ground, and are therefore in conflict with the prior registered Titles.

Such instances should be referred to the appropriate senior officer for the appropriate action.

8.12.10 Deed Plan Criteria

8.12.11 Requests for Certified Plans

Plans Settlers should as far as possible map applications for first registration on the basis of the descriptions in the breakaway deed and the titles forming the prescriptive progress. Where these descriptions prove difficult to interpret, Settlers should requisition any additional evidence which may help to identify location and extent, consulting with their Plans HEO as appropriate. Requesting a certified plan should be seen only as a last resort, and must be discussed with and authorised by a Plans HEO.

In circumstances where the extent to be registered cannot be established by any other means, Plans Settlers may request the applicant's agents to provide a suitable plan showing the extent to which their client wishes to take title. However, the policy on the requisitioning of such plans is now as follows:

• The onus is on the agents to provide a suitable plan which meets the Keeper's criteria; they may if they wish obtain an Ordnance Survey extract from an approved supplier, but the Keeper will not in any circumstances issue an extract of the current O.S. map for the agents to use.

• It is no longer sufficient for the plan to be certified on the applicant's behalf by his agents; it must be certified personally by the applicant(s) and must also be certified personally by the seller(s). This is a significant change, which is designed to ensure that the Keeper is aware both of the purchaser's understanding of the current occupied extent and of the seller's understanding of the extent to which the prior titles relate.

• It must be made clear to the agents that the provision of a certified plan is merely the start of an investigative process; they should not assume either that the Keeper will issue a registered title to the extent shown on the plan or that such a title will be fully indemnified.

A revised style of requisition letter is set out below, being letter template P101 from the LRS picklist. The letter sets out the current policy and suggests a modified form of docquet to be added to the plan.

“I refer to your application to register the Subjects.

The evidence you supplied is not sufficient to identify the Subjects. I need further information from you, to enable me to identify the Subjects in relation to the Ordnance Survey Map (OS Map) in terms of Section 4(2)(a) of the Land Registration (Scotland) Act 1979. This may take the form of a plan, certified as showing the extent to which the prescriptive progress of titles is believed to relate.

The plan must be drawn in conformity with the recommended criteria set out in our published Deed Plan Criteria guidelines. Subject to the relevant copyright restrictions, you may if you wish base this plan on an extract from the current edition of the OS Map at an appropriate scale. The extent of the subjects should be identified by red edging on the plan. It should accurately reflect the current occupied extent and coincide with the extent, which the prior titles are believed to support as well as the extent which is believed to have been possessed for the prescriptive period. Your answers to the relevant questions on Form 1 will be read on the assumption that you are satisfied on these points.

A docquet in the following style must be added to the plan:

‘We certify that the subjects edged red are the subjects for which an application for First Registration on behalf of A was received by the Keeper on #{Date} and has been allocated Title Number #{Text}.'

The docquet must be signed by the granter(s) and the grantee(s) of the deed inducing first registration. (Please note that the docquet cannot be signed on their behalf by their agents).

Please note that the provision of this plan is merely part of the investigative process. It will be examined in conjunction with the other documents submitted and your answers to the relevant questions on Form 1. The Keeper will not necessarily be able to issue a registered title to the full extent shown on your plan, and may consider it necessary to exclude indemnity in respect of part or all of that extent. However, you will be advised if there is any difficulty issuing a fully indemnified title to the full extent, and additional evidence may be requested from you at that time.

I draw your attention to the terms of Rule 13 of the Land Registration (Scotland) Rules 2006. If you do not respond to this requisition within 60 days, or show good cause why the Keeper should not proceed as set out in that Rule, your application will be cancelled and a fee charged in terms of the current order regulating fees in the Registers of Scotland.”

See Legal Manual 3.24, certified plans

8.12.11.1 Settling procedure