Introduction

See also Legal Manual section 24

When a Local Authority or other statutory body with powers of compulsory purchase intends to acquire in a piecemeal fashion and over a period of time, the whole of a specified extent of land in an operational area (e.g. under a redevelopment programme) it may ask for arrangements to be made for incorporating each individual parcel, as and when it is acquired, in a single Title Sheet covering the entire extent or a manageable portion thereof. Such a title is called a "Scheme Title" and it can be set up whether the separate parcels are acquired by compulsory or by voluntary purchase and whether they are acquired by Statutory Conveyance or Disposition, etc. Under compulsory provisions, all the burdens are extinguished and the rights of the superior are erased.

Scheme Titles are not necessarily confined to Local Authorities, but unless otherwise stated, the practice laid down in this section relates chiefly to Local Authority Scheme Titles.

For the successful operation of a Scheme Title it is essential that the Local Authority should have plans to acquire all the properties within a specified area within a reasonable time. The Scheme Title procedure depends for its success upon joint consultation and careful planning in the initial stages and thereafter close liaison between the Local Authority and Agency staff.

The basis of a Scheme Title procedure is that on the first acquisition by a Local Authority under the scheme, the Title Sheet and the Title Plan are prepared in a form which facilitates subsequent additions of land. No Land Certificate is prepared until all the land intended to be acquired has been added to the Scheme Title. This need not create any difficulties for the Local Authority because the Title Plan and Title Sheet are kept up to date and Office Copies may be obtained in the usual way. A sale of and therefore a removal of part of the land already in a Scheme Title can be processed before the Scheme Title is completed.

Table of Contents

8.15.1 Advantages of The Scheme Title Procedure

The Scheme Title procedure allows a Local Authority to build up progressively one or more Title Sheets together for the whole of an area being acquired, and provides an authoritative and up to date record of the progress of the planned series of purchases. As a Land Certificate is not prepared or issued until the whole area has been included in the Scheme Title, the Authority does not have the inconvenience and expense of storing numerous separate Land Certificates and of eventually seeking their amalgamation into a single title.

From the Agency's point of view, the number of separate Title Plans and Land Certificates prepared is reduced, and duplication of effort in the examination of earlier deeds can often be avoided. The system can also result in an advantage when re-sales of land take place, usually after redevelopment. Transfers of Part can take place out of one Title Sheet whereas the alternative would be for Transfers of Part to take place out of a number of Title Sheets which would involve the Department in work of considerable complexity.

Upon receipt of the first Application for Registration a Scheme Title Number will be allotted for the scheme.

An Application to add land to a Scheme Title can be recognised by an accompanying letter, a note on the application form or deed, or the inclusion of the Scheme Title Application Form 18.

8.15.2 Liaison With The Local Authority

Before it can be decided whether the Scheme Title procedure will be practicable, it is necessary for the Local Authority to supply the Agency with the relevant facts, such as: -

(i) The precise extent to be acquired by reference to a plan,

(ii) What interests in the properties will need to be acquired (i.e. dominium utile and Leasehold interests)

(iii) The development planned for the area

(iv) The programme for acquiring it

(v) If appropriate, the plans for disposing of the properties within the area.

An Explanatory Leaflet is designed to give advice to Councils who may be unfamiliar with the practice. It is sent when considered appropriate and gives an indication of the general procedure to be followed and information as to the forms available for use.

When the first Application is lodged, the Local Authority is immediately informed of the Scheme Title Number which has been allocated.

Where good liaison exists with a Local Authority, it may be possible to set up a Scheme Title prior to receipt of the first Application. In such cases, a Scheme Title Number will be allotted, notified to the Local Authority, and retained on deposit until the first application is received. This allows the early indexing of the extent of the scheme and the preparation of the Title Plan.

8.15.3 Mapping (Preliminary Requirements)

The requirements for the opening of a Scheme Title are set out in an Explanatory Leaflet. In particular the first application must be accompanied by:

(a) A plan, on a scale of 1/1250 or larger, showing by an edging of colour the location and extent of all the land intended to be acquired (NB 1/2500 scale may be acceptable in some cases, such as an acquisition scheme for a new motorway);

(b) Two uncoloured copies of that plan, if available; and

(c) A statement as to the Act or Acts under which the disposal of land within the scheme area may be made.

Upon receipt of such an application by Plans Staff, it will be referred to the appropriate officer for consideration. The officer will check to ensure that the requirements under (a) and (b) above have been met. He will also liase with the appropriate legal Officer as necessary, particularly with regard to the question of whether the requirements under (c) above have been met. He will then, if necessary, contact the Local Authority to discuss any points which may arise including the question of whether any other land (registered or unregistered) within the scheme area has already been purchased by the Local Authority and should be added to the scheme.

8.15.4 Mapping Extent of Scheme Title

The opening of new Scheme Titles and their final completion must be dealt with by a senior officer.

Each Application for an addition to a Scheme Title should be made, not only on a normal Application form (Form 1, 2 or 3) but also on the form designed for the purpose of a Scheme Title (Form 18) and the Scheme Title Number should be shown thereon. A supply of these special forms sufficient to cover the anticipated needs within a particular area should be provided free of charge and forwarded to the applicant on request.

The extent of the land which the Local Authority proposes to acquire is shown on the scheme plan which accompanies the First application

The Plans Officer will arrange for the preparation of an additional copy of the scheme plan for the use of the Legal Settler. He will refer the first application with the additional plan to the appropriate Legal Officer who will inform Plans Staff of the method to be used for entering the description in the A. Property Section.

Each property or block of property which is added to the Title Plan as it is registered is given a number but when a Lease affects a part of the land in any particular application that part will be given a separate number unless there is an indication that such a reference will not be required because the Lease has been extinguished. Where necessary a Schedule of Leases is prepared.

It occasionally happens that before a Scheme Title has been completed a disposition of part of the land already acquired is lodged for registration. When a Lease or Feu of part of the land is granted by the Council, the Lease or Feu requires to be noted on the Title Sheet and the method of referencing is by edging and numbering the land in yellow or blue respectively on the Title Plan, or 'greened out' when the whole interest in a portion is removed.

Otherwise, plan references on Scheme Titles are given only at the request of Legal Staff. Legal Staff may request plan references covering that part of a Scheme Title which is affected by burdens even though only part of such an area may, at this time, have been brought on to the Title Sheet. Plan references in this category are normally given by edging and lettering in colour. On subsequent additions to the Scheme Title, Plans Staff must disclose any such plan markings which affect the land. Land acquired under compulsory powers in terms of the Lands Clauses Consolidation (Scotland) Act 1845 is freed from burdens (including servitudes) and references will only be required for private schemes. Existing servitudes may be continued with the agreement of the acquiring body.

A record of the reference numbers used must be kept. A general entry will normally be used. The procedure is as follows: -

(a) The first Application will be referred to the appropriate Legal Officer who will decide on the method to be used for entering the description in the A. Property Section of the new Scheme Title. The normal method adopted will be a general entry in the A. Property Section as per the simple example below. This method eliminates the need to describe the land comprised in each area edged and numbered in red which is added to the Title Plan. The following is the form of entry made by Legal Staff at the head of the A. Property Section in substitution for the normal property description: -

"The land shown edged and numbered in red on said Title Plan".

(b) Occasionally the Legal Settler will wish to qualify indemnity in respect of parts being added to the scheme. In this instance the Legal Settler will add a note to this effect in the A. Property Section.

(c) The Legal Settler will provide instruction on the Scheme Title deposit that every substantive Application for registration will be added to the title by edging and numbering in red method. Legal Staff will note applications on Deposit Form and this will provide a means of accounting for any pending applications etc. revealed by Intake Section and shown on subsequent applications.

(d) Plans Staff will: -

(i) Make a note that a general description entry has been made on the Title Sheet.

(ii) Prepare a schedule of additions with the following headings: -

DATE OF APPLICATION APPLICATION NUMBER PLAN NUMBER PREVIOUS TITLE NUMBER DESCRIPTION

(N.B. The purpose of this schedule is to (a) enable a proper date to be placed on any Office Copy of the Scheme Title Plan that has to be issued while the additions are still in progress and (b) to provide access to Agency records in respect of the parts added).

(e) On each subsequent addition

(i) added to the above schedule

(ii) State on the Scheme Title Application form that the land has been added to the Scheme Title Plan and quote the reference number(s) used. (Legal Staff may require this reference for any entry in the Title Sheet).

An Application to add land to a Scheme Title must be accompanied by the appropriate Form 18, but the Application may in fact be a First Registration, a Transfer of Part, or a Dealing with the whole. In the first two cases, Legal Staff will require the usual information supplied by Plans Staff in such applications, including details of previous registrations and whether land affected by servitudes is registered or not. In all cases, Legal Staff should be informed of the action taken to add the land to the Scheme Title, by means of an appropriate note, which may be in the form of an adaptation of the following:

"The land comprised (in the DIR/ in the Transfer/ in title ......) has been added to Scheme Title .................. by edging and numbering in red. (The new title no. has not been used/Mapping of title ................ has been closed)".

In the case of a Dealing with the whole, the above note would be in reply to a specific requisition by Legal Staff.

It should be noted whatever the type of Application, a Form 18 should accompany the case. Where such an Application Form has not been lodged, but it is clear from evidence with the case or from enquiry of the Local Authority that it is the intention to add the land to a Scheme Title, Form 18 should be completed for an Application to be taken out under the Scheme Title Number. Mapping may then proceed.

The final Application for an addition to the Scheme Title should be accompanied by a request from the Local Authority for the issue of the Land Certificate and will be referred to the appropriate senior Plans Officer The land comprised in the final application must, of course, be added to the Scheme Title, but the Plans Officer will need to consider whether a new Title Plan is required and whether this will need a survey. He will then refer the case to the Legal Officer with his observations. It will sometimes be necessary to prepare a new edition of the Title Plan because redevelopment has taken place and a title plan based on superseded detail (demolished buildings etc.) may prove confusing. The problem is further increased when removals have occurred before all the acquisitions have been registered. In every case, an up-to-date description of the whole of the land in the title must be supplied and entered in the A. Property Section. It may be necessary for the Plans Officer to agree the description of the land with the Local Authority. The preparation of a new edition of the Title Plan will usually call for a new edition of the Title Sheet when it will be for Legal Staff to request such plan references as they may need.

8.15.5 Additional Plan of Scheme For Legal Settler

On the first Application for registration of land in a new Scheme Title, in addition to the Title Plan, a large scale plan of the scheme area showing the scheme boundaries and where possible, street numbering or other descriptions, is prepared by Plans Staff. This plan is forwarded with the completed application to the appropriate Legal Officer who will have the plan placed on deposit against the Scheme Title Number.

Reference to this plan assists the Legal Settler and in cases where no question as to identification arises enables him, without further reference to Plans Staff, to omit certain entries in the Title Sheet; those for example regarding servitudes which will cease to exist when the whole area has been acquired by the Local Authority.

8.15.6 Check List for The Mapping Of Scheme Title Applications

The first Application will be referred to the appropriate senior Plans Officer, (after provisional indexing in the case of a First Registration).

The senior Plans Officer will:

(a) Ensure that the Scheme Title requirements referred to above are met, and consult the Local Authority as necessary.

(b) Arrange for the additional copy of the Scheme Plan to be prepared for the use of the Legal Settler.

(c) Consult with the appropriate Legal Officer to decide on the form of entry for the property section description(s) before mapping is undertaken.

(d) Give instructions for the preparation of the Scheme Title Plan.

(e) Ensure that the method of entry for the A. Property Section is described and noted.

(f) Settle the mapping of the first Application creating the Scheme Title.

Mapping of Applications will be carried out as follows:

(a) On the first Application, prepare the following

(i) Additional Scheme plan for use of Legal Settler.

(ii) The new Scheme Title Plan.

(b) On all Applications:

(i) Check the last reference number used on the Title Plan.

(ii) Add the land by edging and numbering in red, each separate parcel being given a different number.

(iii) Supply the usual mapping information appropriate to the type of Application.

(iv) Disclose any existing plan reference on the Scheme Title Plan which affects the land added (Note: Plan references on Scheme Titles are supplied only at the request of Legal Staff, except where a Lease of Part affects).

(v) Inform Legal Staff on the action taken to add land to the Scheme Title.

(vi) Complete Form 18, as appropriate to show the Title Number.

The final Application will be referred to the senior Plans Officer who will:

(i) Consider whether a survey is required and requisition one, if necessary.

(ii) Refer the case to the appropriate Legal Officer with his observations.

(iii) Complete the Plans mapping and settling as required.

8.15.7 "Stopping-Up" Orders

Where a Council acquire land on both sides of a road which will cease to exist on redevelopment Legal Staff will request Plans Staff to include the site of the road in the title if a Stopping-Up Order has been obtained and the evidence has been lodged with the Agency.

Where an Application contains a Stopping-Up Order with a request by the Local Authority to add the land to the Scheme Title, the case should be referred to the appropriate senior Plans Officer. He will inform the Legal Settler whether or not the land on both sides of the road or part of the road affected by the Stopping-Up Order has been included in the Scheme Title, and ask whether the affected land may be added to the Scheme Title as requested by the Local Authority.

In no circumstances should the land referred to in a Stopping-Up Order be added to a Scheme Title without a specific request from a Legal Settler.

8.15.8 Omission from Application of Reference to Scheme Title

The delineation of the proposed extent of a Scheme Title on the Index Map enables Plans Staff to identify any Application to register land falling within the limits of the scheme.

Any application which, although lodged on behalf of the registered proprietor of the Scheme Title, bears no reference to the Scheme Title Number, confirmation should be sought from the applicant that the addition of the land to the Scheme Title is desired. If this confirmation is given, before mapping proceeds, the Application, with a Form 18 must be taken in against the Scheme Title Number.

8.15.9 Applications Not Affecting The Scheme Title

Transactions involving land within a Scheme Title area between parties other than the registered proprietor of the Scheme Title do sometimes occur and these must be dealt with in the normal way. The Scheme Title will not be affected.

8.15.10 Extension of Proposed Area of A Scheme

Although the extent of the Scheme Title as shown on the Index Map is recorded from the plan supplied by the Local Authority, it is not intended to indicate the absolute limit of the land proposed to be acquired under any particular scheme.

Where an Application by or on behalf of the registered proprietor of a Scheme Title for the registration of land adjacent to the particular Scheme Title is accompanied by a request for its inclusion in that title, the mapping of the addition may be completed and Legal Staff informed of what has been done.

Occasionally there may be difficulties in complying with such a request e.g., the Scheme Title Plan may not cover the full extent to be added. A telephone call by the Plans Officer to the Local Authority should reveal whether any other amendments to the extent of the scheme are planned which may well influence the course of action to be taken.

Where no specific request accompanies such an Application and it is clear that it would be convenient to include the land concerned in the scheme, a telephone call should be made to the Local Authority in order to confirm that such a course of action is acceptable.

8.15.11 Delay In Completion Of Scheme Titles

Difficulties may be experienced in bringing a Scheme Title to completion because a Local Authority does not appear to complete all the planned purchases within the area of a scheme, in spite of a considerable lapse of time. These difficulties can be aggravated where sales off from a Scheme Title are received following redevelopment but prior to completion of the Scheme Title.

From time to time the senior Plans Officer responsible for Scheme Titles should review the progress of Scheme Titles under his control, particularly those on which an Application has not been received for a long period (say five years). In such cases, initial investigations may reveal that other titles in the scheme area are registered in the name of the relevant authority. Whether or not this is the case, the Local Authority should be contacted to discuss the current position.

In a number of cases the renewed liaison with the Local Authority will reveal that other purchases (registered or recorded) by the Local Authority have taken place within the area of the scheme but for some reason no request has been made to add them to the Scheme Title. Where this is so, arrangements should be made with the Local Authority for lodging Applications for the addition of such land to the Scheme Title as soon as possible so that it may be finalised, and the Land Certificate duly issued.

If a Local Authority confirms that no further purchases are to take place within the area of an uncompleted scheme, consideration should be given to the completing of the Scheme Title (as it stands) and the issue of the Land Certificate, and the Local Authority should be informed accordingly. However, if further purchases are planned, no such arrangements should be made, notwithstanding the fact that no recent purchases by the Local Authority have taken place.

8.15.12 Difficulties of Scheme Titles For Private Development

Scheme Titles for private development are infrequent mainly because of the difficulties mentioned in the paragraph below. Nevertheless a Developer's Solicitor may enquire of the Department whether a Scheme Title can be set up and, if so, what are the requirements to enable this to be done.

The setting up of a Private Scheme Title must be the subject of a special arrangement and always considered in consultation with Legal Staff. Certain difficulties may be encountered. For instance, as the private developer, unlike a Local Authority, has no power of compulsory purchase, it cannot always be assumed that he will be able to acquire all the properties within the boundary of the scheme.

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