8.14.2 Types Of Amalgamation

Amalgamation of the subjects in two or more First Registrations into a single title could be carried out at the initial mapping stage where the tenure is the same and there is a request by the applicant for amalgamation, and both/all applications refer to the same deed or deeds for rights and burdens. However, this can only be achieved if Intake has correctly completed the Application Record to show only the one Title number and there is no likelihood of further plans references being required.

Amalgamation of land in First Registration and Transfer of Part Applications to form one title must be referred to Legal Staff before mapping is carried out, as must an application to restore land to a registered title which may be lodged as either a Dealing with Whole or as a Transfer of Part.

When mapping a registration of land which will form with adjoining registered subjects, one development, the possibility of amalgamation should be considered even where it has not been requested by the Solicitors. In such cases the simplification of plans and eventual saving of labour might result. The suggestion of amalgamation should be initiated by Plans Staff to Legal Staff who will contact the Solicitors and request that the Land Certificate(s) for the registered part(s) be submitted. No extra fee will be charged for an amalgamation effected for Departmental reasons. The situation when a Standard Security affects only the subjects in the First Registration and not the registered subjects (or vice versa) need not necessarily prevent the amalgamation from taking place. In exceptional circumstances amalgamation may be carried out when a Standard Security affects only one of the parts to be amalgamated, if it is highly desirable. Such cases should be referred to Legal Staff who will obtain the Land Certificates from the Solicitor acting for the registered proprietor. The result of such an amalgamation is that the registered proprietor will not receive a Land Certificate in respect of that part of his property burdened by the Standard Security as it will be held by the Creditor.

Amalgamation into a Scheme Title of subjects in First Registration Applications can be carried out at the initial mapping stage. Scheme titles are covered elsewhere.

8.14.3 Amalgamations: Legal Staff Considerations

It is important that the agreement of Legal Staff, Plans Staff and Solicitors is in evidence before amalgamation (or restoration) affecting registered subjects is carried out, and where this is not the case agreement should be sought.

Normally, any survey or inspection required is instigated first. Investigation as regards adjoining registrations is also completed, and the officer must satisfy him/herself that the abstracting is accurate and complete. If the application is a developer's Title, and has not already been seen by the SRO2 who vets proposed developing Titles, he/she should be consulted.

Legal Staff must be told whether the desired amalgamation is convenient and possible from a mapping point of view and whether or not the land is fenced or otherwise defined on the ground. The provision of a print showing the parcels of land concerned (and any servitudes) can assist Legal Staff in framing their entries.

Generally speaking Plans Staff are not concerned with the matter of fees payable in connection with amalgamation but if compliance with a request from the applicant for amalgamation would involve an abnormal amount of work in preparation of the plans, Legal Staff should be informed and provided with an assessment of the cost of the mapping work, as the question of a special fee may have to be considered.

A special fee is not normally charged where a substantial ad valorem fee has been paid or where two or more pending applications for value are being amalgamated.

No fee is charged for amalgamation effected for Departmental reasons.

8.14.4 Amalgamations: Plans Considerations and Mapping Methods

In some circumstances amalgamation of the subjects lodged for First Registration may appear desirable for technical reasons. For example, this sometimes occurs on the registration and building up of developing estates where no specific request for amalgamation may have been made by Solicitors. It may also serve to resolve boundary questions that have arisen. In such cases the simplification of plans and an eventual saving of labour might often result and suggestions for amalgamation should be initiated by Plans Staff.

In the case of possible amalgamations affecting developing estates, it is important that where Plans Staff initiate the action, this should be done at the earliest possible moment so that objections to amalgamation will not be raised by the Solicitors simply because they have already taken steps in connection with plot sales which do not take into account the possibility of amalgamation. Also, should Transfers of Part have already been lodged with the Agency, amalgamation is not always possible.

The amalgamation of two or more First Registration Applications can be mapped in the straight forward normal manner, i.e. the whole amalgamated extent is edged red and the necessary references given as though it were one application. Legal Staff are informed of references given, and the property description will reflect the land as a whole e.g.:

Where two large portions of land are amalgamated to form a developing title:

"Subjects being land on the north side of HAMILTON ROAD, CAMBUSLANG edged red on the Title Plan being 3.8 hectares in measurement on the Ordnance Map".

or

Where the subjects comprise an original building plot, and an additional area later required that obviously forms part of the rear garden ground:

"Subjects 99 HAMILTON ROAD, CAMBUSLANG, edged red on the Title Plan".

8.14.5 Absorption, Confusion, Consolidation or Merger

The feudal system 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.

Sections 2(1)(a)(iv), 2(4)(a) and (b), and 8(2)(b) of the Land Registration (Scotland) Act 1979 refer to the absorption (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.

During the transitional period when the Register of Sasines and the Land Register co-exist, the lower fee is merged into the higher fee in whichever Register is appropriate for the higher fee. The only circumstances in which an interest is removed from the Land Register and returns to the Sasine Register is created when the lower fee is registered in the Land Register and the higher fee is recorded in the Register of Sasines.

The Legal Settler will be responsible for instructing Plans Staff on merging interests. First Registrations which are affected by existing registrations of a different interest should be inspected carefully to ensure that any letters referring to consolidation or Minutes of Consolidation in the deeds inducing registration etc. have not been overlooked. These cases should be referred to Legal Staff before mapping is completed to ascertain (1) if the interests are capable of merger (2) if the solicitor acting desires merger to take place and (3) the title number under which the registration will be continued.

8.14.6 Absorption, Confusion, Consolidation etc: Plans Action

On receipt of a First Registration which is affected by another registered interest

(a) Provisionally Index the subjects of First Registration
(b) Ensure that an Application Number has been taken out against the affected registered interest if necessary).

The considering officer will refer the Application to Legal Staff with a note and if necessary a plan showing how the extent of the First Registration affects the registered interest.

The following are examples of the type of information which would assist the Legal Settler.

(i) Where the Superiority is recorded in the Register of Sasines and the Dominium Utile is registered in the Land Register. A First Registration to register the superiority is received. Having followed above procedure the Plans officer should make the following note to legal - "The subjects in this First Registration are co- extensive with subjects registered under REN 345(Dominium Utile). If merger is possible, Title plan for REN 345 could be utilised. Please advise".

By supplying Legal Staff with information of this nature it may well be found that no further Title Plan preparation will be necessary. Legal Staff may well be able to amend the Title Sheet of the existing registration and utilise existing mapping for that title. In this example even though no request has been received for consolidation it is preferable that the Registration should be passed to Legal Staff who may contact the agent to confirm if consolidation is preferable.

(ii) Where the Superiority is registered in the Land Register and First Registration of the Dominium Utile of a part of the superiority is received containing a request for consolidation this type of application could comprise a Transfer of Part of the Superiority as well as the First Registration of the Dominium Utile. Should this have been overlooked, it is important to have the Application re-taken on correctly.

These Applications should be quickly referred to Legal Staff after provisional identification informing Legal Settler along these lines: -

"Please see request for consolidation in ................... The subjects of this registration form part of Title REN 567 (Superiority) and are co-extensive with the land edged and numbered 3 in blue on the Title Plan. Should consolidation be affected the application will additionally constitute a Transfer of Part out of REN 567. Please take necessary action re Application Record and advise as to Title No. under which mapping should proceed".

In Applications of this type where there is no request for consolidation, mapping for the First Registration should be completed as normal. Legal Staff must be informed of the Title No. of the Superiority and any plans references affecting the subjects of the First Registration.