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: -

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:

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: -

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:

Mapping of Applications will be carried out as follows: