48.1 Introduction

The grade of officer who will settle a case from both a plans and legal angle is determined basically by two factors:

1. whether the case is a first registration, transfer of part or dealing with whole; 

and 

2. the complexity of the case.

The initial categorisation of a case will take place at as early a stage as possible in the process; for first registrations this is when the case is being idented. However, as more information becomes available and title issues are identified, then the category can be amended to reflect the appropriate level of complexity.

The following tables define the categories for each product type. It is acknowledged that there will be examples pertinent to specific areas. Such examples can be added to the following definitions, provided there is agreement across all production areas to ensure Agency-wide consistency of approach. Any new examples should be brought to the attention of registration services for inclusion in this chapter at a later date.

48.2 First Registrations

• First removals from either a tenement, or four in a block, to ensure consideration is given to the setting up of styles for subsequent registrations to be completed as A or B category casework.
  
  

• Generally, (and subsequent to first removal being established) when more than three areas, in addition to the steading extent, require independent plotting and referencing.
  
  

• Registrations from more than one research area. This casework can prove more complicated, because of the need to take into account the differing instructions in the various research area files, and to consider the plans references required.
  
  

• Potential extent problems in relation to either the index map or O.S. map which are easily identified at ident stage, e.g. last flats &c out of steading.
  
  

• Red edges with up to 3 burdens deeds, recognising that there may be a requirement of plans references within the scope of the 3 burdens.
  
  

• Farms with less than 3 burdens deeds for burdens. For the avoidance of doubt these farms can range from single holding to large multi flapped extracts. They are however governed by the number of burdens deeds.

• Casework with 4 - 6 deeds for burdens referred to. These can range from house plots, to small steadings, to large multi flap extracts.
  
  

• Tenements under exception (last flat in tenement) where the subjects being registered are described as being the tenement steading under exception of the flats and rights thereto previously conveyed.
  
  

• Straightforward leases i.e. deed plans with no (or single) floor level.
  
  

• G.V.D.s - road widening etc., where consideration and plotting of extent is required.

• Casework with more than 6 deeds referred to for burdens

• Split villas, maisonettes, split reference type properties where consideration on multi reference styles is required and consideration of common rights &c. are required. (If PR - consider category D)

• Batch casework: FAs (or as lead case if higher), amalgamations, absorptions - essentially a number of applications with the same title number (excluding simple DWs attached).

• Potential extent problems in relation to either the Index Map or O.S. Map which are easily identified at ident stage, e.g. last flats &c out of steading.

• Complex leases - multi floor level involvement.

• This covers areas of ground that are currently active in terms of being developed, i.e. there are transfers of part applications pending, not just a sale of ground to a builder.

• Large scale transfers from holders of large housing stock.

• Any applications that include minerals, foreshore, or fishings as a pertinent qualified by the words ‘so far as we have right thereto’ should be processed as far as possible, and the agent contacted and advised that the pertinent will not be reflected in the title sheet. If there is evidence in the application, or the agent submits fresh information to support the inclusion of the pertinent, it should be referred to STL/SCW for further advice.

• Feudal abolition casework which has been categorised by the dedicated teams.

• Legacy casework defined by date.

48.3 Transfers of Part

TAs should be categorised as per lead case.

Annex: TP Category A Casework:

48.3.1 Category A (SO1 Plans and RO2 Legal)

The only TPs to go directly for SO1 settle will be those from a development for which a mapping style has been agreed. These may include multiple applications if they are taken account of in the mapping instructions, and may involve using supplementary plans from either the image tool or the index layer and inset plans. As none of these cases will have been examined by a higher grade, any individual problems that may be encountered by the SO1 will have to be referred up. An element of plotting on to the Ordnance Map may be required which necessitates the usage of ANY or ALL of the Drawing Tool `Elements` and `Controls` functions (i.e. not just for simple prolongations).

Provided an L53 Record Card has been prepared to give full Legal instructions the cases will be settled by RO2 Legal.

48.3.2 Category B (RO2 Plans and RO1 Legal)

Depending on Business Unit needs, RO1 and RO2 Plans officers have the capacity to refer category B casework to an SO1 for MAP, provided full instructions are given and immediate referral routes are open. For the avoidance of doubt, although the SO1 may authorise the Title Plan on the DMS, the higher grade who instructed the map is ultimately responsible for the actual casework settled.

• This covers the first removal from a development of 10 or more TP's.

• Large scale transfers from holders of large housing stock.

• Any applications that include minerals, foreshore, or fishings as a pertinent qualified by the words ‘so far as we have right thereto’ should be processed as far as possible, and the agent contacted and advised that the pertinent will not be reflected in the title sheet. If there is evidence in the application, or the agent submits fresh information to support the inclusion of the pertinent, it should be referred to STL/SCW for further advice.

• Feudal abolition casework which has been categorised by the dedicated teams.

• Legacy casework defined by date

48.4 Dealings with Whole