9.5.2 Special Mapping Points On Transfers Of Part From Developing Titles

All first removals from Developing Titles must be referred to the RO1 (Plans) for consideration and written mapping instructions and after Plans Settler to the Senior Caseworker (Legal) Developing Titles.

All Standard Securities (and Discharges) of part from a Developing Title must be referred to the Senior Caseworker (Legal) Developing Titles before mapping.

The Transfer Writ Plan is usually a copy of the Approved Estate Plan and must always clearly identify the position and extent of the land transferred. It is not sufficient for the Transfer Writ merely to refer to a plot number on the Approved Estate Plan.

9.5.3 Undefined Plots On Developing Estates

When a Title Plan is prepared by plotting the boundaries of the land from a Transfer Writ plan before the development has been completed or surveyed, care must always be taken to show sufficient detail on the Title Plan so that the property can be tied in with surrounding detail. An isolated and dotted rectangle on a dotted roadway is unsatisfactory. The property should be linked with sufficient adjacent development (or proposed development) so that, in picture, as well as by scaling, it can be readily identifiable.

Where for example a very short line of frontage to a particular plot is set up by plotting back from the edge of the carriageway misunderstanding can occur, giving rise to unnecessary correspondence questioning the position of the frontage and access to the land etc. Such misunderstandings can be avoided if a reasonable length of the general frontage line is shown on the Title Plan.

When pertinents such as garages, storage spaces etc., are shown on a Transfer Writ plan in (say) a developing estate, they are often grouped together in blocks. Where it is necessary to show them on the Title Plan by plotting, sufficient detail should be provided to indicate clearly which garage or space, in relation to the others in the block is included in the title.

The following diagrams have been prepared to give Plans Staff a picture of the standards required. All Plans Staff should ensure that plan work of this kind is not allowed to fall below the required standard.

The three diagrams depict part of a Transfer Plan and two methods of preparing the Title Plan from it. Diagram No.3 showing a little extra detail is altogether better because it completes the picture, but note that only a few additional lines are required to do this.

Diagram No.1

The property, with garage, as shown on the transfer plan and the estate plan.

Diagram No.2

The outline of the plot showing too little detail to provide an intelligible plan.

Diagram No.3

A few additional lines provided at plotting stage makes a more satisfactory and informative plan.

These illustrations show an isolated example but it should be borne in mind and the principle generally applies to the preparation of plans of this kind. Plans prepared in the manner of Diagram 2 are unsatisfactory and should not be passed by plans settlers.

9.5.4 Transfers Of Part

Plan references for servitudes are not usually given. On developing estates it is normal practice for Legal Staff to use General Entries relating to servitudes both in the Property and the D Burdens Section of the Parent Title. No references for rights of way are given on the Title Plan of a new title at the first mapping stage as entries are usually made by reference to the writ creating them unless Legal Staff have informed Plans Staff to the contrary when a note of their requirements will be made on the Title Plan or the annex thereto.

Servitudes of a special character (e.g. rights normally pertaining to an electricity sub-station) or where a substantial area of land is transferred and the servitudes granted or reserved are not likely to be repeated in the same form on subsequent Transfer Writs, specific entries will usually be made and in such cases the Plans Settler should initially provide suitable plan references on the Parent Title Plan. Where the grant of a servitude extends beyond the Parent Titles boundary Legal Staff must be informed of the Title Numbers of any registrations over which the servitude extends.

Greening Out information is recorded in the DMS casenotes.

Additional notes regarding references to be carried forward and the form they are to take etc. will be shown in the DMS casenotes and should be followed carefully. Similarly any additional information to be supplied by the Plans Settler to Legal Staff on each Transfer of Part will be noted in the DMS casenotes.

Drafting of the A. property Section description will be on the LRS. Plot numbers may be used in the description if the postal numbers are not known or unobtainable, but pot numbers should not be used where there is any duplication due to phasing of the development.

Dimensions are not normally shown on the Parent Title Plan and New Title Plan but sufficient adjacent detail must be plotted from the Transfer Writ plan to complete the "picture". Where dimensions are necessary they must be shown on both the Parent Title Plan and the New Title Plan in blue. On the Parent Title Plan dimensions will be shown, where possible, within the extent of the plot transferred. On a New Title Plan dimensions will be shown externally.

The Certificate Plan of a Developing Title will not normally be made up to show land transferred (except for the first removal) until the development is completed. The exception being where an entry on the Parent Title Sheet refers to a specific Transfer (e.g. sub-station site) which should be shown on the Certificate Plan.

9.5.5 Standard Security Or Deed Of Restriction Affecting Part Of A Developing Title

Any Application to register a Standard Security of part is treated in the same manner as a Transfer of Part, i.e. allocated a new Title Number and removed from the Parent Title. This action on a busy or large Developing Title can however cause considerable inconvenience and additional work on subsequent Transfers of Par, Reports etc.

An alternative to the above which, in suitable circumstances, may be adopted for Developing Titles is for Plan Staff to supply a plan reference on the Parent Title Plan for the land charged and for Legal Staff to draft an appropriate Parent Title Sheet entry. This course of action can make considerable savings but may only be done on the authority of the Senior Caseworker (Legal) Developing Title.

All Applications to register a Standard Security of Part from a Developing Title must be referred with any pertinent Plans Settler’s remarks before mapping to the Senior Caseworker (Legal) Developing Titles for consideration and instruction as to the method of completing the application.

9.5.6 Transfer Of Part Of Last Plot And Completion Of Development

On the registration of the Transfer of Part of the final house plot out of a large Developing Title, there is usually some land left in the title, e.g. the sites of roads, paths and verges. The Developing Title cannot therefore be closed and when the Land Certificate is to be issued, the plan therein must be made to correspond with the Title Plan.

Plans procedure in detail is as follows: -

When mapping the Transfer of Part (Disposition) of the last remaining plot, the residue consisting only of roadways and other areas not likely to be sold off as building plots, the Plans Settler notes on the LRS (Plans N & I), this is the Disposition of the final building plot from the title. Nothing except (roadways) (verges) (etc., as appropriate) remain".

The Certificate Plan is made to correspond with the Title Plan, so as to enable the Land Certificate to be issued. Legal Staff are informed by means of notes on the LRS (PLANS N & I).

(a) The final building plot has been removed; and

(b) The Certificate Plan (has) (has not) been made up to correspond with the Title Plan, as the case may be.

If the Disposition comprises the whole of the land remaining in the Parent Title, the procedure for transfers of residue as described continues to apply.

9.5.7 Procedure At Legal Stages And In Support Is As Follows:

1. When settling a Transfer of Part (Disposition) which is a ‘FINAL REMOVAL’, from a Developing Title, the Legal Settler so marks the Disposition before marking the Deposit to Support.
2. Upon receipt of a completed Parent Title in Support, the staff there despatch the updated Land Certificate which has been made to correspond with the Title Sheet and the Title Plan and issue in the usual way.