Plans References for Servitudes, Burdens and Non-ownership Rights

General

Under the 2012 Act, the Keeper relies on the applicant identifying which deeds contain relevant non-ownership rights, burdens and servitudes that affect the property being registered. These rights, burdens or servitudes can also be known as conditions, or title conditions.

A non-ownership right benefits the property being registered; a burden (or encumbrance) imposes an obligation or restriction on the property being registered.

Useful Links

Mapping Styles & Plans References on the Cadastral Map

Clothes Poles and Septic Tanks

Garage Forecourts and Half Roadway

Angus Local Authority Properties - Rights to Park in Estate

Mapping Public ROWs and Core Paths

Deeds of Conditions

Legal guidance - Pertinents

The guidance for how to deal with:

rights of common ownership can be found at - Common Rights (ownership) - When to include, omit or reject;
rights of use can be found at - Property Section Information; and
prescriptive servitudes can be found at - Servitudes.

Application form, RA instructions and parent title instructions

There are two questions in the application for registration form, the burdens question and the servitudes question, where the applicant is asked to disclose any burdens/encumbrances affecting the property and any servitude rights benefitting the property - the information provided in the answers to these questions helps establish which conditions to include in the title sheet.

The Keeper will not look for additional deeds that may affect; the only exceptions to this rule are (i) when the property being registered is an FR or FA that falls within a research area (RA), and (ii) when the property being registered is a TP. In both of these instances, the Keeper will also include in the title sheet any burdens from deeds that have previously been established as affecting the RA or the parent title, respectively.

For an FR of a property within an RA, plans settlers should bring forward onto the cadastral map any references that are identified in the RA instructions on the Plan Creator (check that the instructions have been updated to comply with the 2012 Act).
For an FR of a property not in an RA, plans settlers are no longer required to abstract prior burdens deeds submitted with the application. There is no requirement under the 2012 Act to include a description of the part of the property affected by a burdens deed in the preamble of that deed's entry in the burdens section of the title sheet.
For a TP application, plans settlers should bring forward onto the cadastral map any references that are identified in the parent title instructions (check that the instructions have been updated to comply with the 2012 Act).
The Keeper will rely on the applicant's certification on the application for registration form that all servitudes have been validly constituted, therefore there is no longer a requirement for plans settlers to check that the granter of a servitude had good title to make that grant.

Which deeds should the plans officer examine?

Which deeds should the plans settler examine for conditions (rights, burdens and servitudes)?

The deed inducing registration (DIR).
The deed for extent (if different from DIR).
Any new deed of servitude, deed of real burdens, or deed of conditions that has also been submitted for registration and affects the property described in the DIR.
Any document that has been submitted and is referred to in part B of the application form (servitudes question) that defines the extent of a prescriptive servitude.
Any document that has been submitted and is referred to in the application form that relates to a Public Right of Way or Core Path.
If there is a plans reference on a deed plan that is not referred to in the text of the deed, the reference on the plan can be ignored and the application should not be rejected.
In addition, the plans settler should complete an index map search on the Plan Creator to check for servitudes in PRs that affect the property being registered. If a PR includes a servitude right or burden that affects the property being registered, plans settlers should follow the guidance under Updating Other Title Sheets for New and Existing Servitudes on the Servitudes page for more detail on different scenarios of PRs and servitudes, and for guidance on when a plans reference should be shown on the cadastral map. An LRS title note should be added advising the legal settler of the servitude and the action taken.

Which deeds should the plans settler not examine for conditions (rights, burdens and servitudes)?

Any burdens deeds submitted with the application - if a plans reference is required on the cadastral map for anything contained within a burdens deed, the legal settler will return the application to plans for a reference to be added.

What conditions should the plans officer provide a reference for?

Which conditions (rights, burdens and servitudes) should the plans settler provide a plans reference for?

Mappable and un-mappable conditions

Where sufficient information is provided with an application to allow the condition to be mapped, the Keeper will provide a reference on the cadastral map for the condition (right, burden or servitude).
If the application includes a condition, and it is not possible to map that condition from the information provided, see the section What should the plans officer do if specific conditions (rights, burdens or servitudes) affect the property being registered? (below) for details of when these conditions should be included verbally and when the application should be rejected.

Dual Registration

If the subjects being registered are burdened by a condition (for example, a real burden or a servitude), and the benefitted property is sufficiently defined in the deed creating that real burden or servitude, a plans reference should be provided for the extent of the benefitted property as well as for the condition.
If only part of the subjects being registered are benefitted by a condition (for example, a right of access), and the benefitted property is sufficiently defined in the deed creating that real burden or servitude, a plans reference should be provided for the extent of the benefitted property as well as for the condition. For example, if a title is made up of the first and second place subjects but only the first place subjects benefit from a right of access over an access track, a plans reference should be provided for the part of the cadastral unit comprising the first place subjects as well as for the access track.

Examples of the types of conditions commonly plotted onto the cadastral map:

servitude right of access to the plot along a fully defined footpath or track
hard landscaping area
garage forecourt (SSHA/Scottish Homes - see separate mapping instructions)
visibility splay
pipeline, cable, drain
right to locate and/or use a septic tank
public rights of way, or core paths created by a Path Order
specific boundary conditions (for example, an obligation to build and maintain a 1.5m high stock-proof fence along the boundary between points A and B)
rights to park within an Estate (specific to ANG local authority cases - see separate mapping instructions)

Exception to requirement to map access routes

If a deed grants rights of access over roads or paths that are still to be constructed within a development then these can be verbally included in the title sheet without delineation on the cadastral map. This will normally occur where a deed of conditions has been prepared and sets out the servitudes that are to affect the development once the roads and paths are built. This is acceptable if the deed of conditions defines the burdened property; if the burdened property is not sufficiently identified then the rights should not be included in a property section entry.

Exception to requirement to map pipes, drains & cables

Sections 23 (4), 26(5) and 28 (4) of the 2012 Act provide an exception to the requirement to map conditions on the cadastral map when the condition relates to a right to lead a cable, pipe, wire or similar feature over or under a plot of land.

For clarification, the types of apparatus covered by these sections are those that convey something from one place to another - the sections do not cover the places (or features) between which the thing is conveyed. For example, these sections would cover the drains leading into a septic tank, and the outflow pipe from the septic tank to a soakaway, but do not cover the septic tank itself.

If the cable, pipe or wire is referred to as being shown on the deed plan, and if the plans officer can accurately map from that deed plan, the Keeper will show these on the cadastral map.
If the cable, pipe or wire is referred to as being shown on the deed plan, and if the plans officer cannot accurately map from that deed plan (missing or incomplete plan, poor quality or monochrome plan, etc), the Keeper will not show these on the cadastral map. Instead, the conditions will be verbally included by the legal settler in the title sheet.
If the cable, pipe or wire is described verbally in the deeds (i.e. not shown on a deed plan), these conditions may be verbally included in the title sheet without delineation on the cadastral map and without the need for an explanatory note in the property section.

Which conditions (rights, burdens and servitudes) should the plans settler not provide a plans reference for?

No plans reference will be provided for an ancillary right. In addition, the Keeper's policy on building lines under the 2012 Act has changed. These lists are not exhaustive; if you are unsure if a condition should be shown on the cadastral map or included in a title sheet, refer to a referral officer.

Ancillary rights	Building Lines
Under the 2012 Act, the exact location of any reference shown on the cadastral map is covered by the Keeper's warranty so there are some types of reference included on deed plans that should not be included in the cadastral map. The true location of some objects (for example, clothes poles or tv aerials) is difficult to accurately determine as the information shown on deed plans is generally considered to be illustrative, so these should not be included in the cadastral map. Where there are burdens or rights relating to an object such as a clothes pole shown on a deed plan, the legal settler will include these in the title sheet (by reference to the appropriate deed).	From the designated day for the 2012 Act, the Keeper's policy on building lines described in previously recorded deeds has changed. Irrespective of whether the current building frontage coincides or not with the building line shown on the recorded deed plan, these will not be shown on the cadastral map, nor will the burden be included in the burdens section of the title sheet.
clothes poles (settling instructions for the 3 most common scenarios are detailed on the sub-page) whirlie-gigs (see clothes poles) tv aerials and satellite dishes (see clothes poles)
Action on Plan Creator - see Clothes poles	Action on Plan Creator - Nil
Action on LRS - See Clothes poles for details of LRS notes to be added.	Action on LRS - Provide a note to legal giving details of the building line reference that has not been provided on the cadastral map (for example, "No plans reference has been provided for the building line described in deed x").

What should the plans officer do if conditions (rights, burdens or servitudes) affect the property being registered?

1 Fully identifiable on the deed plan

Scenario	Is the property being registered benefitted or burdened by the condition?	Deed in which right or burden is created	Action for plans settler to take
Condition described in deed and fully identifiable on the deed plan	Benefitted property or burdened property	Historic deed or DIR/new deed	Map the condition on the cadastral map.

2 Full bounding description, or a verbal description that is completely unambiguous

Scenario	Is the property being registered benefitted or burdened by the condition?	Deed in which right or burden is created	Action for plans settler to take
Condition described in deed with a full bounding description, or a verbal description that is completely unambiguous (no interpretation or "guess-work" involved with identifying the part of the plot that is affected).	Benefitted property or burdened property	Historic deed or DIR/new deed	Map the condition on the cadastral map.

3 Described in deed but not shown on the deed plan

Scenario	Is the property being registered benefitted or burdened by the condition?	Deed in which right or burden is created	Action for plans settler to take
Condition described in deed but not shown on the deed plan (verbal description, or the reference was omitted in error from original deed plan)	Benefitted property	DIR/new deed	Burdened property unregistered - The right/servitude cannot be mapped on the cadastral map from the information provided. Add an LRS title note to the legal settler advising that the condition cannot be mapped but should be included in the title sheet - for example, "The [right/servitude] xxx described in Deed x cannot be shown on the cadastral map from the information provided. Please add the appropriate explanatory note to the title sheet." Burdened property registered/being registered - Refer application for rejection (Tenements - if the property forms part of a tenement steading cadastral unit, a suitable verbal description for a condition will be acceptable and should be included verbally in the title sheet)
Condition described in deed but not shown on the deed plan (verbal description, or the reference was omitted in error from original deed plan)	Benefitted property	Historic deed	Burdened property registered or unregistered - The right/servitude cannot be mapped on the cadastral map from the information provided. Add an LRS title note to the legal settler advising that the condition cannot be mapped but should be included in the title sheet - for example, "The [right/servitude] xxx described in Deed x cannot be shown on the cadastral map from the information provided. Please add the appropriate explanatory note to the title sheet." (Tenements - if the property forms part of a tenement steading cadastral unit, a suitable verbal description for a condition will be acceptable and should be included verbally in the title sheet)
Condition described in deed but not shown on the deed plan (verbal description, or the reference was omitted in error from original deed plan)	Burdened property	DIR/new deed	Refer application for rejection (Tenements - if the property forms part of a tenement steading cadastral unit, a suitable verbal description for a condition will be acceptable and should be included verbally in the title sheet)
Condition described in deed but not shown on the deed plan (verbal description, or the reference was omitted in error from original deed plan)	Burdened property	Historic deed	The burden/servitude cannot be mapped on the cadastral map from the information provided. Add an LRS title note to the legal settler advising that the condition cannot be mapped but should be included in the title sheet - for example, "The [burden/servitude] xxx described in Deed x cannot be shown on the cadastral map as the said [burden/servitude] is not shown on the deed plan. Please add the appropriate explanatory note to the burdens entry." (Tenements - if the property forms part of a tenement steading cadastral unit, a suitable verbal description for a condition will be acceptable and should be included verbally in the title sheet)

Exception to requirement to map pipes, drains & cables

Sections 23 (4), 26(5) and 28 (4) of the 2012 Act provide an exception to the requirement to map conditions on the cadastral map when the condition relates to a right to lead a cable, pipe, wire or similar feature over or under a plot of land.

For clarification, the types of apparatus covered by these sections are those that convey something from one place to another - the sections do not cover the places (or features) between which the thing is conveyed. For example, these sections would cover the drains leading into a septic tank, and the outflow pipe from the septic tank to a soakaway, but do not cover the septic tank itself.

If the cable, pipe or wire is referred to as being shown on the deed plan, and if the plans officer can accurately map from that deed plan, the Keeper will show these on the cadastral map.
If the cable, pipe or wire is referred to as being shown on the deed plan, and if the plans officer cannot accurately map from that deed plan (missing or incomplete plan, poor quality or monochrome plan, etc), the Keeper will not show these on the cadastral map. Instead, the conditions will be verbally included by the legal settler in the title sheet.
If the cable, pipe or wire is described verbally in the deeds (i.e. not shown on a deed plan), these conditions may be verbally included in the title sheet without delineation on the cadastral map and without the need for an explanatory note in the property section.

4 Described in deed but deed plan has not been/cannot be not supplied

Scenario	Is the property being registered benefitted or burdened by the condition?	Deed in which right or burden is created	Action for plans settler to take
Condition described in deed by reference to a deed plan but deed plan has not been/cannot be not supplied	Benefitted property	DIR/new deed	Burdened property unregistered - The right/servitude cannot be mapped on the cadastral map from the information provided. Add an LRS title note to the legal settler advising that the condition cannot be mapped but should be included in the title sheet - for example, "The [right/servitude] xxx described in Deed x cannot be shown on the cadastral map from the information provided. Please add the appropriate explanatory note to the title sheet." Burdened property registered/being registered - Refer application for rejection
Condition described in deed by reference to a deed plan but deed plan has not been/cannot be not supplied	Benefitted property	Historic deed	Burdened property registered or unregistered - The right/servitude cannot be mapped on the cadastral map from the information provided. Add an LRS title note to the legal settler advising that the condition cannot be mapped but should be included in the title sheet - for example, "The [right/servitude] xxx described in Deed x cannot be shown on the cadastral map from the information provided. Please add the appropriate explanatory note to the title sheet."
Condition described in deed by reference to a deed plan but deed plan has not been/cannot be not supplied	Burdened property	DIR/new deed	Refer application for rejection
Condition described in deed by reference to a deed plan but deed plan has not been/cannot be not supplied	Burdened property	Historic deed	The burden/servitude cannot be mapped on the cadastral map from the information provided. Add an LRS title note to the legal settler advising that the condition cannot be mapped but should be included in the title sheet - for example, "The [burden/servitude] xxx described in Deed x cannot be shown on the cadastral map as the deed plan has not been supplied. Please add the appropriate explanatory note to the burdens entry."

Exception to requirement to map pipes, drains & cables

Sections 23 (4), 26(5) and 28 (4) of the 2012 Act provide an exception to the requirement to map conditions on the cadastral map when the condition relates to a right to lead a cable, pipe, wire or similar feature over or under a plot of land.

For clarification, the types of apparatus covered by these sections are those that convey something from one place to another - the sections do not cover the places (or features) between which the thing is conveyed. For example, these sections would cover the drains leading into a septic tank, and the outflow pipe from the septic tank to a soakaway, but do not cover the septic tank itself.

If the cable, pipe or wire is referred to as being shown on the deed plan, and if the plans officer can accurately map from that deed plan, the Keeper will show these on the cadastral map.
If the cable, pipe or wire is referred to as being shown on the deed plan, and if the plans officer cannot accurately map from that deed plan (missing or incomplete plan, poor quality or monochrome plan, etc), the Keeper will not show these on the cadastral map. Instead, the conditions will be verbally included by the legal settler in the title sheet.
If the cable, pipe or wire is described verbally in the deeds (i.e. not shown on a deed plan), these conditions may be verbally included in the title sheet without delineation on the cadastral map and without the need for an explanatory note in the property section.

5 Described in deed but only partially shown on the deed plan

See Further Guidance page Partial Reference Shown on Deed Plan for the Keeper's policy on partial or incomplete references.

Scenario	Is the property being registered benefitted or burdened by the condition?	Deed in which right or burden is created	Action for plans settler to take
Condition described in deed by reference to a deed plan but only partially shown on the deed plan	Benefitted property	DIR/new deed	Burdened property unregistered - Do not map the partial extent of the right/servitude on the cadastral map. Add an LRS title note to the legal settler advising that the condition cannot be mapped but should be included in the title sheet - for example, "The [right/servitude] xxx described in Deed x cannot be shown on the cadastral map from the information provided. Please add the appropriate explanatory note to the title sheet." Burdened property registered/being registered - Refer application for rejection
Condition described in deed by reference to a deed plan but only partially shown on the deed plan	Benefitted property	Historic deed	Burdened property registered or unregistered - The right/servitude cannot be mapped on the cadastral map from the information provided. Add an LRS title note to the legal settler advising that the condition cannot be mapped but should be included in the title sheet - for example, "The [right/servitude] xxx described in Deed x cannot be shown on the cadastral map from the information provided. Please add the appropriate explanatory note to the title sheet."
Condition described in deed by reference to a deed plan but only partially shown on the deed plan	Burdened property	DIR/new deed	Refer application for rejection
Condition described in deed by reference to a deed plan but only partially shown on the deed plan	Burdened property	Historic deed	Do not map the partial extent on the cadastral map. Add an LRS title note to the legal settler advising that the condition cannot be mapped but should be included in the title sheet - for example, "The [burden/servitude] xxx described in Deed x cannot be shown on the cadastral map as it is only partially defined on the deed plan. Please add the appropriate explanatory note to the burdens entry."

Exception to requirement to map pipes, drains & cables

Sections 23 (4), 26(5) and 28 (4) of the 2012 Act provide an exception to the requirement to map conditions on the cadastral map when the condition relates to a right to lead a cable, pipe, wire or similar feature over or under a plot of land.

For clarification, the types of apparatus covered by these sections are those that convey something from one place to another - the sections do not cover the places (or features) between which the thing is conveyed. For example, these sections would cover the drains leading into a septic tank, and the outflow pipe from the septic tank to a soakaway, but do not cover the septic tank itself.

If the cable, pipe or wire is referred to as being shown on the deed plan, and if the plans officer can accurately map from that deed plan, the Keeper will show these on the cadastral map.
If the cable, pipe or wire is referred to as being shown on the deed plan, and if the plans officer cannot accurately map from that deed plan (missing or incomplete plan, poor quality or monochrome plan, etc), the Keeper will not show these on the cadastral map. Instead, the conditions will be verbally included by the legal settler in the title sheet.
If the cable, pipe or wire is described verbally in the deeds (i.e. not shown on a deed plan), these conditions may be verbally included in the title sheet without delineation on the cadastral map and without the need for an explanatory note in the property section.

6 Described in deed but cannot be clearly identified on the deed plan

Scenario	Is the property being registered benefitted or burdened by the condition?	Deed in which right or burden is created	Action for plans settler to take
Condition described in deed by reference to a deed plan but cannot be clearly identified on the deed plan (e.g. monochrome plan or reduced size copy plan)	Benefitted property	DIR/new deed	Burdened property unregistered - The right/servitude cannot be mapped on the cadastral map from the information provided. Add an LRS title note to the legal settler advising that the condition cannot be mapped but should be included in the title sheet - for example, "The [right/servitude] xxx described in Deed x cannot be shown on the cadastral map from the information provided. Please add the appropriate explanatory note to the title sheet." Burdened property registered/being registered - Refer application for rejection
Condition described in deed by reference to a deed plan but cannot be clearly identified on the deed plan (e.g. monochrome plan or reduced size copy plan)	Benefitted property	Historic deed	Burdened property registered or unregistered - The right/servitude cannot be mapped on the cadastral map from the information provided. Add an LRS title note to the legal settler advising that the condition cannot be mapped but should be included in the title sheet - for example, "The [right/servitude] xxx described in Deed x cannot be shown on the cadastral map from the information provided. Please add the appropriate explanatory note to the title sheet."
Condition described in deed by reference to a deed plan but cannot be clearly identified on the deed plan (e.g. monochrome plan or reduced size copy plan)	Burdened property	DIR/new deed	Refer application for rejection
Condition described in deed by reference to a deed plan but cannot be clearly identified on the deed plan (e.g. monochrome plan or reduced size copy plan)	Burdened property	Historic deed	The burden/servitude cannot be mapped on the cadastral map from the information provided. Add an LRS title note to the legal settler advising that the condition cannot be mapped but should be included in the title sheet - for example, "The [burden/servitude] xxx described in Deed x cannot be shown on the cadastral map as it cannot be clearly identified on the [monochrome copy/reduced size/poor quality copy] deed plan. Please add the appropriate explanatory note to the burdens entry."

Exception to requirement to map pipes, drains & cables

Sections 23 (4), 26(5) and 28 (4) of the 2012 Act provide an exception to the requirement to map conditions on the cadastral map when the condition relates to a right to lead a cable, pipe, wire or similar feature over or under a plot of land.

For clarification, the types of apparatus covered by these sections are those that convey something from one place to another - the sections do not cover the places (or features) between which the thing is conveyed. For example, these sections would cover the drains leading into a septic tank, and the outflow pipe from the septic tank to a soakaway, but do not cover the septic tank itself.

If the cable, pipe or wire is referred to as being shown on the deed plan, and if the plans officer can accurately map from that deed plan, the Keeper will show these on the cadastral map.
If the cable, pipe or wire is referred to as being shown on the deed plan, and if the plans officer cannot accurately map from that deed plan (missing or incomplete plan, poor quality or monochrome plan, etc), the Keeper will not show these on the cadastral map. Instead, the conditions will be verbally included by the legal settler in the title sheet.
If the cable, pipe or wire is described verbally in the deeds (i.e. not shown on a deed plan), these conditions may be verbally included in the title sheet without delineation on the cadastral map and without the need for an explanatory note in the property section.

7 Prescriptive servitude

Scenario	Is the property being registered benefitted or burdened by the condition?	Deed in which right or burden is created	Action for plans settler to take
Prescriptive servitude described in the application form, and fully identifiable on the plan submitted with the application	Benefitted property or burdened property	not applicable	Map the servitude on the cadastral map
Prescriptive servitude described in the application form, but cannot be mapped from the plan submitted (poor quality plan, inadequate scale, etc)	Benefitted property or burdened property	not applicable	The prescriptive servitude will be omitted from the title sheet (rejection of the application is not appropriate). Please refer the application to a senior adviser for consideration before the application is completed.
Prescriptive servitude described in the application form, but cannot be mapped as no plan has been submitted.	Benefitted property or burdened property	not applicable	The prescriptive servitude will be omitted from the title sheet (rejection of the application is not appropriate).

When should a plans officer consider incorporating a deed or deed plan rather than providing a plans reference?

Section 10(3) of the 2012 Act states that the Keeper may incorporate by reference in a title sheet -

(a) a document in the archive record, or

(b) a deed in any other register under the management and control of the Keeper or of the Keeper of the Records of Scotland.

In practice, this option is used only rarely as in most cases it is preferable to include the content of the deed directly in the title sheet or referenced on the cadastral map. Any decision to incorporate a deed or part of a deed (for example a plan or diagram) that is not in one of the agreed scenarios listed below must be made by a Senior Advisor. If you think that your application would benefit from using incorporation by reference because a deed refers to an unusual plan or diagram that cannot easily be mapped from, please discuss with your referral officer in the first instance.

Remember, incorporation by reference is not to be used simply to avoid having to plot large or complex plans references, particularly those references needed to define ownership.

There are two main scenarios where a policy decision has been made that incorporation by reference will be used in all instances:

hand written deeds - the legal officer will not attempt to read these deeds to extract burdens, etc
commercial long leases - when mapping a lease, the only plans reference that the plans officer needs to provide from the deed is for the extent of the leased subjects; any other references shown on deed plans or diagrams will be incorporated along with the rest of the deed by the legal officer. See the Mapping Leases guidance section for more details.

Other scenarios a plans officer may encounter where the use of incorporation by reference has been agreed are:

some styles of deeds referring to rights or burdens over clothes poles, whirlies, etc - see the specific guidance page for full details
elevation plans (often but not always provided with airspace applications)
complex railway boundaries
public rights of way
complex Section 75 Agreements - these legal agreements between builders/developers and local authorities are normally to be found in applications affecting new developments. If the deed plan simply shows the area covered by the legal agreement, then a plans reference can be provided, however if the agreement plan is complex with multiple references, the plans officer can consider incorporating the deed plan by reference to the archive record.

If you are mapping an application and it is been agreed that it is appropriate to incorporate a deed or part of a deed, the plans officer must add a note to the legal officer on the LRS explaining the situation, for example:

"Deed x, no plans reference provided for the clothes poles shown on the plan to that deed. Please incorporate the deed plan into the archive record."
"Following current policy, no plans references have been provided for the xxx on plans 2 & 3 in the Lease. Please can the Lease be incorporated by reference to the deed in the archive record?"
"Deed x contains information relating to complex railway boundaries that affect this cadastral unit. Please incorporate into the archive record."

Using a postal address to describe the burdened subjects

When a servitude is being shown on the cadastral map, it is not acceptable to map the extent of the burdened subjects solely from a postal address or plot number provided in the application. Such a description does not provide sufficient information to allow the extent of the specific area of ground affected by the servitude to be shown on the cadastral map.

It is, however, acceptable to use a title number or cadastral unit number to describe the burdened property. This is because the Keeper holds a specific extent for a title number or cadastral unit and this is shown on the cadastral map.

The mapping of servitudes that plot through a solid feature or structure on the OS map

If a servitude or right of way granted and shown on a plan annexed to a prior recorded deed is found to run through a solid feature or structure, such as a garage or a property extension such as a conservatory, the plan officer should reflect the full extent of the servitude as granted in the deed. There is no requirement for the plans officer to contact the agent, and this is also not a reason for rejection.

The plans officer should add a note to the Title Notes & Instructions on the LRS advising the legal officer that part of the servitude granted in the deed does not appear to be exercisable.

For example, "The right of access coloured blue on the plan to deed 1 has been tinted blue on the cadastral map. Part of this route passes through an extension and therefore does not appear to be being exercised".

It is the legal officer's role to consider if the the relevant legal requirements have been met to allow the servitude to be disclosed in the title sheet - see Servitudes.