9.1 INTRODUCTION

WHAT IS A TRANSFER OF PART?

A Transfer of Part (TP) is an application to register only part of a registered interest in land. This creates a new interest in land and causes the Keeper to make up a new Title Sheet for that interest.

Any estate, servitude or other heritable right in or over and including a heritable security but excluding a Lease that is not a Long Lease.

In the terms of the Land Tenure Reform (Scotland) Act 1974, a long lease is a lease exceeding 20 years, or a lease which despite having no obligation to renew has in fact been extended to a period exceeding 20 years is accepted to be registrable.

9.2 UNDERSTANDING INTERESTS

When mapping Transfers of Part a greater understanding of the interest being transferred and the interest remaining is required therefore -

When the DIR/Transfer writ is

(a) Disposition - Granter is disponing any interest that he has title to.

1. Feu Disposition/Contract - Granter is feuing the dominium utile of the subjects and creates dominium directum that the granter retains in his title.
2. Lease - Granter leases out land for an annual rent over a specific time. Granter therefore still retains dominium utile of the subjects and becomes the landlord of the grantee who is known as the tenant.
3. Sub-Lease - Granter, having a leasehold title, then rents the subjects to a third party for an annual rent and a specific time. Therefore both granter and grantee own a leasehold interest. The granter is both a landlord and a tenant and the grantee a tenant.
4. Assignation - Granter having a leasehold title sells off (assigns) his interest. Therefore granter retains no interest and grantee acquires the leasehold interest and becomes the tenant.

9.3. OFFICIAL APPROVAL OF ESTATE LAY-OUT PLANS

9.3.1. Introduction

This is system of approval by the Keeper of plans showing the proposed development of houses, flats or maisonettes which it is intended to carry out within registered subjects.

Although the estate plan approval system is primarily intended for use with developing building estates, there is no objection to lay-out plans being approved for use with small developments of less than ten plots. Even if full Estate Plan Approval is not pursued consideration should be given to obtain a copy of the estate plan for ident/reports purposes.

9.3.2. Fee For Approval Of Estate Plans

No fee is charged by the Keeper for his approval of estate plans.

9.3.3. The Purpose Of Approval

The estate plan approval system (EPA) is designed for use in connection with Reports and Office Copies. Where an estate plan has been officially approved, it is not necessary for separate plans to accompany each Application for a Report or Office Copy (as would otherwise be the case), as these Applications may describe the land concerned by reference to a plot number on the estate plan approved on a certain date.

The EPA system is a benefit to Developers in that it saves them the cost of preparation of numerous copies of the estate lay-out plan and of their Title Plans. The Keeper benefits by saving the time and cost involved in the constant re-examination of plans that would have to be lodged with Reports and Office Copies. Extract of the estate plan can safely be employed for inclusion in transfer deed plans.

An Approved Estate Plan makes Applications for Office Copies and Reports simpler both for the purchaser's and seller's solicitor and the Keeper.

An incidental but very important benefit which is gained from the EPA. system is that any discrepancy between the registered title boundaries and the external boundaries of the proposed development can be dealt with in good time before negotiations for the purchase of the plots are in hand. Where such discrepancies arise, there is inevitably some delay due to the need for investigation, correspondence and possibly for a survey to be carried out. It is in everybody's interest to have such matters resolved at the outset, since the correspondence will then only be between two parties, i.e. the Keeper and the Developer.

If any discrepancies between the boundaries of a registered title and those of a proposed development are not revealed until the stage in negotiations when Reports are being made, postponement of completion of a sale and possible hardship to a purchaser may occur.

9.3.4. When Approval Takes Place

Where the Developer's title is already registered three copies of the estate lay-out plan should be lodged as early as possible and will be dealt with expeditiously.

Where the Developer's title is being lodged for registration and estate lay-out plans are available if they are lodged with the Application for Registration they will be approved as soon as possible after completion of the registration.

If three estate lay-out plans are lodged by the developer two can be used for Estate Plan Approval while, if the developer agrees, the third can be forwarded to the Ordnance Survey Department giving them intelligence of what will be happening on site in the near future. By supplying a plan to the Ordnance Survey Department and drawing their attention to the proposed development, survey time may be saved when transactions are being processed.

Where estate layout plans for approval accompany an application to register the property of the developer on first registration or on transfer of part: -

1. The estate plans and a copy of the applicant’s letter should be sent by the plans settler to the RO1 (Plans) responsible for estate plan approval.
2. The Plans Settler will also attach Form P8 to the application form and forward it to Legal Staff with the case, on completion of mapping. This form is self explanatory and indicates the manner in which it will be used. It should be noted that the address in para 3 of the form will be completed by the Plans Officer at the mapping stage and the approval of the estate layout plan will be concluded immediately the form is received back from the Legal Setter.

Where estate layout plans for approval accompany a dealing with the whole, the estate plan should be left with the pending application and the drafter should attach Form P8 to the Draft Title Sheet. The case should be marked to the STL for settling. At the point when this officer settles the application in blue, he will remove from the case the papers relating to the estate plan approval and refer them separately to the RO1 (Plans) responsible for this work.

When an estate plan is lodged for approval and the land in more than one title is included, the feasibility of amalgamation with a view to facilitating subsequent dealings should always be considered by the RO1 (Plans). The Form P20 should be used to tell Legal Staff whether amalgamation in these circumstances is convenient and possible from a mapping point of view. In these cases the title numbers should not be stamped on the estate plan and the copy should not be returned to the Solicitors until legal Staff have given a decision on the question of amalgamation. Conversely, in the case of very large title plans, subdivision into smaller more manageable sizes may also be considered where the development is to be carried out in distinct phases.

9.3.5. The Organisation Of The Approval Procedure

If the estate plan approval procedure is to be operated quickly and efficiently a systematic approach must be adopted.

The estate plans and covering letter will be handled initially by an experienced SO1 (Plans). This officer will be responsible for the maintenance of all records required in accordance with the instructions in connection with EPA, and will deal with clerical aspects of the procedure, e.g. sending acknowledgement cards where necessary, and despatching the solicitor’s copy of the estate plan after approval has been completed.

The SO1 (Plans) will carry out an initial inspection of the estate plans and ensure that all necessary material which will be required (e.g. adjoining Title Plans, Microfilm Records, pending applications etc.) are available for the Plans Officer dealing with the approval or re-approval. The SO1 (Plans) will also draft the P20.

The official approval of a new estate plan or a revised estate plan lodged by solicitors to replace an existing approved estate plan, is given by an RO1 (Plans).

The official re-approval of an estate plan or a revised estate plan where approval of an earlier plan has previously been withdrawn by the Department, is the responsibility of an experienced RO1 (Plans) within the team.

Following the approval of an estate plan it is sent, with the Title Plan, to the RO1 (Legal) in charge of the relative DVG section together with Form P20. This will give information to Legal Staff as to the extent of proposed development, any affecting references, or number of flats etc. To aid the completion of the Form P20 (and later Reports), it is normal practice to bring forward onto the Department’s copy of the approved estate plan all plan references appearing on the developer’s Title Plan which affect the area covered by the estate plan.

Part B of Form P20 will be completed by Legal Staff and returned with the Estate Plan and Title Plan without delay. Legal Staff will have made notes of their requirements in the way of references on Transfers of Part and any additional notes required on Reports or Office Copies, the substance of which will then be noted in the appropriate panels on the Title Plan annex by the RO1 (Plans).

A north point must be shown.

A scale must be indicated (most scales are acceptable but the normal scales are 1/500 or 1/1250 - anything less than 1/1250 is too small).

Plot numbers must be shown.

The plan must clearly define the limits of each plot or property. Where a property comprises more than one parcel, for example a house plot with a separate garage, parking area, dustbin space or storage site, each parcel must be distinguished on the estate lay-out plan by means of a difference number. If the same number is given to several parcels, difficulties of interpretation will arise in Applications for Reports.

The most obvious case of difficulty is when an Application for a Report is lodged referring merely to, say, PLOT 133, and approval has been given to the estate lay-out plan showing the same reference for the house plot and the separate garage. On a strict interpretation of such an Application, the result of the Report should relate to the house plot alone.

However, where the intention is to search all the parts so numbered and the solicitor considers that "PLOT 133" is an adequate description for this purpose, the result of the Report will be misleading if, for example, references on the Title Plan relating to entries in the Title Sheet in respect of burdens or servitudes affected the garage but not the house plot.

Similarly, if the Report is issued in respect of the house and garage plot it will be incorrect if the intention is to restrict the Report to the house plot.

So for safety and clarity each area must be clearly defined and given an individual number.

It is essential that there is no ambiguity as to the extent of approved plots. If the estate plan is not altogether clear, (e.g. in the case of blocks of garages it is not always clear whether parts of the forecourt will belong to each garage) it may be found that a telephone call to the developer’s solicitor will clarify the intention. In such cases it is generally advisable to add a coloured edging to all approved plots, and ask the solicitor to return the plan if the extents so edged are incorrect. If this is not practicable, the estate plan must be rejected with a request for the solicitor to edge the extents of the plots in question.

If the two or more floors of a purpose-built block of flats are co-extensive, and the layout of the flats on each floor is identical, it usually suffices if the plan of a single floor (the solum) is supplied. This plan must show the reference numbers distinguishing each flat on each floor.

Where the phrases "demonstrative and not taxative" or "for identification purposes only" appear on an estate plan lodged for approval, they must be deleted and the solicitors must be informed by the RO1 (Plans) of the action taken and their attention drawn to the Notes on the subject. If an objection is raised by the solicitors, the matter should be referred by the RO1 (Plans) to his referee, who will inform solicitors that since the plan cannot be approved unless the offending words are deleted, it is regretted that the pre-registration facilities afforded by an approved layout plan cannot be made available. A plan which is stated to be "for identification" i.e. where the word "only" does not appear, is acceptable.

Where the external boundaries of the layout plan are also the external boundaries of the land in the registered title, particular care must be exercised. Such development as may have been already recorded on survey must be compared with that shown on the estate plan. Any Approved Estate Plans covering adjacent phases of development must be inspected to ensure that there are no overlaps or other discrepancies.

It is frequently found that difficulties arise where the external boundaries of a development are formed by ditches or streams particularly where they are to be filled in or culverted. Extreme caution must be exercised when considering for approval estate plans for developments which have such boundaries. It is often found that adjacent fencing has been erected some distance from the edge of the watercourse, not for the purpose of marking the property boundary but simply to prevent animals or people from falling into the water.

If certain plots do not fall wholly within the developer’s Title Plan, approval of the plan should be limited accordingly. When it is necessary to impose a limitation on the Departmental approval of an estate plan, specific notification of the limitation must be made to the solicitors when the estate plan is returned. The solicitors will be given the reasons for the limitation, and the plots concerned will be specified. In general, it is preferable to exclude complete plots rather than grant approval for those parts of the plots which fall within the title, since this obviates the preparation of explanatory plans when dealing with later office copy application and Reports.

If the Plans Officer is unable to confirm that the plots fall wholly within the developer’s Title Plan because the available evidence is inconclusive then either the estate plan should be rejected or a survey should be requisitioned to clarify the position on site.

If it appears from the estate plan (or from some other evidence) that the developer may hold part of the land comprising the development on a Sasine Title, the RO1 (Plans) should consider inviting the solicitors to make an application for Voluntary Registration (and possibly its amalgamation with their existing registered title).

A mistake, even when it comes to light when the transfer is lodged for registration, may lead to a claim on the Department for indemnity and officers settling the approval of estate plans must take great care to see that the plots on the plan as approved are wholly within the boundaries of the registered property.

If the estate plans is satisfactory both copies are stamped in red "Officially approved as to ............................................................", dated and initialled within the small red ring stamp by the approving officer. The numbers of all approved plots should be indicated on the fact of the estate plan close to the approved stamp e.g. "approved for all numbered plots hereon" or "approved for plots 1 to 15 and 20 to 30" etc. The stamp referred to in 5.12 below is also endorsed thereon. Forms P23 or P24 is despatched with one copy of the plan to the developer’s solicitor, and the other copy is retained by the Department. The last paragraph refers to the Notes on the subject. Since it is the normal practice to enclose this leaflet on the initial approval of the estate plan, the paragraph should be deleted in its entirety when returning subsequent plans approved on the same.

The following stamp should appear on all approved estate plans: -

"Warning. If the estate development and plot numbering shown hereon is revised or is not adhered to official approval of any such affected part will be withdrawn. Developers must provide a new plan or extract of the part affected for fresh approval where revision or change takes place".

The date of approval of the estate plan and a record of the plot numbers to which it relates will, in the case of Developing titles, be entered in the D.M.S. casenotes of the P/T.

Any correspondence that is solely concerned with EPA should be placed with the Deposit File.

Where an estate plan has been officially approved and a dealing creates a new title without a change in ownership (e.g. a charge of part) then the solicitors who lodged the estate plan must be informed of the new title number and the plot numbers affected. This will normally be done by the RO2 (Plans) who settles the dealing, but in cases of difficulty reference should be made to the RO1 (Plans) approving estate plans. It will be appreciated that although this procedure is almost entirely concerned with DVG titles it is not necessarily restricted thereto and that it need not be adopted where the dealing affects a single plot.

9.3.7. Early Warning System

From time to time the Keeper will require surveys of the Developer's site to find out if development is proceeding as planned and it is at this stage that additional help can be provided to the Developer.

If the Developer is not aware of variations and has not lodged a new plan for approval, requisitions will be raised by the Keeper. The Developer will be able to review the situation and possibly prepare new plans before becoming involved in negotiations with purchasers and having to substitute plans at a later stage involving both the Department and the purchaser's solicitor.

9.3.8. Withdrawal of Approval of Estate Lay-Out Plans

Most troubles on developing estates arise where Developers depart from the Approved Estate Plans without informing their solicitors or the Keeper. The Transfer of Part plans are based upon the original Approved Estate Plan but the construction on the site is quite different. The discrepancy is revealed on survey and confusion, difficulty and delay occur in the issue of Reports, Office Copies and on the registration of the affected plots.

Approved Estate Plan, approval will be withdrawn for the part affected until such time as a new estate plan is lodged for approval. Due consideration should be given to withdraw approval of the whole estate plan if areas of common interest are affected or numerous areas.

Until a new estate plan is approved, all Applications for Reports and Office Copies will require plans indicating the property affected.

It is therefore very important that staff on site inform the Developer of any change in layout so that new plans can be lodged for approval.

9.3.10. Phased Development

An estate plan submitted for approval by the Keeper need not relate to the whole of the subjects which have been registered. If the subjects are to be developed in set phases, a plan may be submitted for approval prior to the development of each phase.

9.4. OFFICIAL APPROVAL OF PLANS AND TEXT OF DRAFT WRITS

9.4.1. General

A draft writ dealing with a specific property comprising the whole or part of a registered property may be lodged for official approval in the Department, to ensure that it is in a form which is acceptable.

Solicitors may submit a draft of the form of lease or transfer, which they propose for general use on a developing estate, for approval by the Department. The advantage of this procedure is that any ambiguities, inconsistencies and any other unsatisfactory aspects in the writ and plan can be rectified before development commences and applications for registration are made. The time consuming consideration of individual applications is thus considerably reduced. The aim is to achieve a form of writ which is free from ambiguity, and to this end, a stricter approach is adopted in the consideration of a draft writ, than is possible in practice with an application to register a lease or transfer.

An application for the approval of a draft writ relating either to a specific transaction or for general use in connection with a developing estate, will be referred to RO1 (Legal) who will dispose of it in accordance with his standing instructions. Any draft writ lodged for approval must be accompanied by a copy which will be filed in the Department.

In certain circumstances Legal Staff considering a draft writ may request a copy of the Approved Estate Plan. Any copy supplied must be sufficiently clear to enable extents of the plots to be identified thereon and, where necessary, any colour references should be reproduced on the copy plan. In cases where official approval has been limited in any way, a copy of the letter informing the solicitors of the extent and reason for the limitation, should be forwarded to Legal Staff. This will enable them to consider what, if any, qualification need be given to the approval of the draft writ.

The approval of the plans and descriptions used in transfers is the responsibility of an RO1 (Plans).

Where the phrase "Demonstrative and not taxative" appears, either in the text of a draft instrument or on the plan, it must be deleted. The deletion of the phrase on the plan will be carried out by the RO1 (Plans) and the draft will be referred for the RO1 (Legal) to delete the phrase where it appears in the text.

Where the action described above is taken the solicitors will be informed by Legal Staff who are approving the draft writ.

Any objections to the deletion described above should be referred to the appropriate referee who, in dealing with the solicitors must insist that the phrase be deleted whether in the text of the draft writ or its plan.

A plan which is stated to be "for identification", i.e. where the word "only" does not appear, is acceptable.

A draft writ for the disposition of a flat, maisonette, coal cellar or other parts of buildings should be accompanied by a plan showing the position and extent of the land conveyed and the colouring and/or other plan references mentioned in the draft writ.

9.4.2. Approval Of Draft Feu Dispositions, Dispositions And Deeds Of Conditions

After First Registration of a Developer’s title, the Keeper, on request, will approve the draft of the style of Feu Disposition or Disposition which is to be used when selling the various units in the development.

Attention is drawn to para. E 46.3 of the Registration of Title Practice Book with reference to Sales from Developments for which there has been an Approved Estate Lay-Out Plan.

If it is the intention of the Developer to register a Deed of Conditions, the Keeper will also approve the draft style of that deed if requested.

Approval by the Keeper of a style of draft deed will not prejudice the right of the purchaser’s agent to revise the draft or produce his own draft deed.

The Developer’s agent may however consider advising the purchaser’s agent that the style has been approved by the Keeper.

Draft styles of deeds sent for approval will be given priority and returned as soon as possible, but if the draft is submitted along with the Application for the Registration of the Developer’s title, the legal examination of title will first require to be completed and the Estate Lay-Out Plan (if any) approved.

9.4.3. Draft Writ For Plots On Developing Estates

A draft writ will not always be accompanied by a plan for occasionally a covering letter will state that an extract from the approved estate plan will be used on each transfer lodged for registration.

Any discrepancy in the plan or the description of the draft writ should be reported to the RO1 (Legal) by the RO1 (Plans) in a form that may be readily quoted to the solicitor. Frequently it will be possible to report to the RO1 (Legal) that provided the layout shown on the specimen plan (or the Approved Estate Plan) is adhered to no mapping problems are likely to arise. Full information must be given in respect of specific servitudes set out in the draft particularly as to whether these extend beyond the Granter’s title boundary into other registered or unregistered land.

It is not necessary for the RO1 (Plans) to mark the draft transfer writ plan as approved but if he notes on the P12 that a draft transfer for use on the estate has been considered such information may well be useful should some problems arise when a transfer is lodged for registration.

9.4.4. Draft Writ In Respect Of A Particular Plot

A draft writ in respect of a specific plot may be lodged for approval, though this need not necessarily relate to a plot on a developing estate. Consideration of the plan will be the duty of an RO1 (Plans).

The draft for approval should be accompanied by a copy for retention in the Department. The absence of a copy should normally be noticed by Legal Staff and should be requested by them. When however, the RO1 (Plans) receives a draft for approval without a copy it should be considered and approved if satisfactory and Legal Staff informed that the additional copy draft and/or plan will be required.

If approved, the plan should be stamped with the small ‘ring’ stamp and the word "approved", the initials of the officer with the date should be written neatly across or within it.

The position of the plot should be marked in pencil on the Granter’s Title Plan with the note "Transfer plan approved" and the date. This information is for the guidance of any officer who may later have to consider an application for a Report of the transfer of this same land or the adjoining land.

When the transfer is subsequently lodged, and the land removed from title the pencil marking should be erased.

If the RO1 (Plans) is unable to approve the plan, the reason should be given in writing on page 4 of the Draft Title Sheet and should be in a form that may be quoted or readily adapted for use in a letter by Legal Staff.

9.4.5. Other Draft Deeds

From time to time solicitors may request the Department to approve a draft of a variety of writs other than leases or transfers.

Where such draft writs have plans attached, they will normally be referred to Plans Staff for their comments. Any such draft writs should be referred to an RO1 (Plans) for approval, with all necessary material.

Where such a draft writ has been considered, the RO1 (Plans) will add a note to the DMS casenotes, drawing attention to this.

9.5. DEVELOPING TITLES

9.5.1. General

Because of the problems which arise in dealing with a succession of Transfers of Part from the same registered title Solicitors are encouraged to lodge an Estate Plan for approval as early as possible before the First Application is lodged for registration, which together with the co-ordination of Plans and Legal Staff in dealing with that estate allows subsequent Applications to be dealt with more easily.

On developing estates comprising 10 or more plots, flats or maisonettes, the title should be made into a "Developing Title" and added to the List of registered Developing Titles maintained by Plans Staff in the Support Team.

In the majority of cases Solicitors will be aware of our system and lodge an Estate Plan for approval at an early stage of development. Where an estate Plan has not been lodged, when the first Transfer of Part is received the Granters Solicitors should be contacted by the RO1 (Plans) with responsibility for Developing Titles and encouraged to lodge copies of the Estate Plan for approval forthwith.

All first removals from a Developing Title must be referred to an RO1 (Plans) for consideration and written mapping instructions. He is responsible for ensuring all the preparatory work for the commencement of the removals from the Parent Title is done. This may include an initial survey to check the Parent Title Plan boundaries against the Estate Plan, a check that development is proceeding in accordance with the Approved Estate Plan, substitution of the Parent Title Plan onto a suitable scale. He should not restrict his consideration only to the first Transfer of Part but should try to anticipate any general problems on mapping and indexing that occur throughout the development of the estate.

All first removals from Developing Titles must, after settled, be referred to the Senior Caseworker (Legal) i/c Developing Titles and if the estate from which the Transfer of Part is made comprises more than one registered title he should be so informed and given the other title numbers.

On the removal of the last remaining plot from a Developing Title when only roadways verges etc. remain, the Plans Settler should inform legal Staff of this by a note on LRS (Plans N & I). Similarly if the last Transfer of Part comprises the residue of the Developing Title the procedure for a Transfer of Residue will apply.

9.5.2. Special Mapping Points On Transfers Of Part From 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.

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

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

A

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.

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.

9.6. VOLUNTARY REGISTRATION OF DEVELOPING ESTATES

9.6.1. Introduction

The basic requirement for registering an interest in land in the Land Register for the first time is that it follows on a transfer of that interest for valuable consideration.

The Keeper may, however, accept for registration an interest in land lying within an Operational Area or within the next area to be declared Operational which does not follow such a transfer.

The Keeper has absolute discretion to refuse or accept an Application for Voluntary Registration and advance approval in writing must be obtained prior to the submission of the Application. The Application should be made on a Form 1 and the whole provisions as to identification of the subjects and the production of documents and evidence applicable to a First Registration apply.

If a development is about to take place and numerous sales of parts of the property are contemplated, it could be advantageous to register the property so that, on sales of part, simpler deeds and search procedures can be used, only a Land Certificate need be examined by each purchaser instead of the full progress of titles. Applications for registration of the Transfer of Part will also be a simpler process.

However, where building development is contemplated, adequate time should be allowed for the due processes of Land Registration, including the possible need for a survey, to be completed before sales of properties begin. The time allowed should be no less than 4 months.

As stated at part D.1. 10(5) of the Registration of Title Practice Book, "In any case where the Keeper considers it necessary to instruct a special survey in order to complete a Voluntary Registration, the cost of the survey will be borne by the Applicant. The Keeper will not, however instruct such a survey without first consulting the applicant who, if he does not wish to incur the expense of the survey, may then withdraw the Application, or, if the Keeper considers it possible to complete registration, but only with exclusion of indemnity, request the Keeper to complete registration on that basis".

9.6.2. Subjects Held On A Sasine Title

An Application for Voluntary Registration will be in respect of subjects which the Applicant holds on a title recorded in the Sasine Register.

The Keeper may accept an Application for Voluntary Registration of the remainder of a partially developed site. Such an area must be adequately identified on a good quality plan preferably based on the Ordnance Map as the Keeper’s requirement is to be able to identify those subjects on the Ordnance Map. The plan should be accompanied by a certificate by the applicant or the solicitors for the applicant in the following terms: -

"On the plan attached hereto is delineated in red the area of ground remaining in the possession of us/our clients X, Y and Z, and being the remainder of the ( ) areas of ground described in, disponed by and delineated in red in the plan annexed and signed as relative to the Disposition in favour ( ) recorded ( )".

Both the certificate and the plan must be signed. Such a remainder should preferably be entirely self-contained and any amenity ground, for example, held in common should fall within that remainder and benefit only properties also within that remainder. Among the documents to be produced to support such an Application is the Applicant’s recorded title.

Application may also be made for registration of only a part of subjects which are still held on a Sasine title. The part must be identified and the certificate referred to above, adapted to suit.

9.6.3. Registration Dues

If the Application for Voluntary Registration is in respect of subjects for which the applicant has not recorded his title in the Sasine Register, the fee is in respect of the consideration in the title or, if there is none, the value of the subjects. If the title has been recorded in the Sasine Register, the value of the undeveloped land at the time of registration in the Land Register is required for fee purposes.

9.7. Form 12 And 13 Reports

A Form 12 is an application for a report over registered subjects to disclose any entries on the Register between the date of issue of the Land Certificate and the date of the Report.

A Form 13 is a continuation of a Form 12. Only Form 12 and 13 Reports in respect of parts of registered subjects need be directed to Plans Section, where they are usually completed by RO2 (Plans) TP Support Group.

The Form 12 and 13 will all quote the Title Number over which the report is to be completed. If the report is only over part of the registered title then a full bounding description, a plan or reference to an approved estate plan must also be included in order that the subjects can be identified.

The RO2 (Plans) TP Support then completes either a P38 confirming to legal the following:

• that the subjects in report form part of registered title.
• if there is estate plan approval.
• if any references in registered title affect subjects in report.
• if any pending applications affect subjects in report.
• if the Land Certificate for the registered title has been completed and whether or not the Land Certificate is on deposit.

Or a P38A confirming that registration for the Title has not been completed in Plans but at this stage the subject contained in the Form 12 appear to form part of the Title.

As with any other reports Form 12 and 13 have priority and should be completed within 24 hours.

Also at this stage consideration should be given to a possible new survey detail requisition.

9.8. TP Mapper’s Checklist

This section will be updated in due course. In the meantime, please notify the editor that you require information on this topic.

9.9. Reporting Of References On The Parent Title

Many title Plans bear colour references (tints, edgings and hatchings) to indicate separate parts of the registered subjects subject to, say, burdens or servitudes which are referred to in various entries on the Title Sheet.

The extent to which such references affect the land transferred must be reported to Legal Staff so as to ensure that the correct entries are carried forward onto the new Title Sheet.

The drafting of notes to Legal Staff must be clear, concise and unambiguous. It should be made clear if it is the whole or part of the land transferred which is affected by the reference and also if the land transferred comprises part, whole or residue of a reference on the Parent Title Plan. The latter is essential to ensure the Parent Title Sheet entry is cancelled on complete of the greening out of a reference.

The importance of the provision of accurate information to Legal Staff cannot be too strongly emphasised, as the form of entry to be made on the New Title Sheet will depend solely on the information supplied. Incorrect information can lead to unnecessary or erroneous entries or the omission of entries which should appear and may lead to a claim for indemnity.

In the absence of a statement that the whole or residue of a Parent Title Plan reference affects the land transferred it is automatically assumed part of that reference remains on the Parent Title Plan and the Title Sheet entry relating thereto will not require cancellation by Legal Staff.

9.10. First Removals

ANSWER: The first transfer from a Parent Title.

On receipt of the first application from a Parent Title the SO1 TP Support along with the RO2 TP Support will investigate whether Estate Plan Approval is a viable option or at the very least will obtain a copy of the Estate plan to aid with ident and reports.

All 1st removals from PT's that are on deposit (i.e. the L.C. is in the Agency) are directed by SO1 TP ident to 1st removal shelf. Those that are not held on deposit are requisitioned accordingly and the case is directed to Standover awaiting Parent Title Shelf (S.O.A.P.).

The cases in first removal shelf are then scrutinised by RO2 (Plans) TP Support who will on the more simplistic TP's provide mapping instructions and pass case to map.

If more complex they will refer cases to RO1 (Plans) TP Group who will provide mapping instructions where appropriate they will direct first removals to RO1 (Legal) TP Group for confirmation on references required before providing mapping instructions.

While 1st removal is at legal, the remaining TP's from the P/T will be at Standover 1st At Legal.

When 1st removal is returned from legal, the RO2/RO1 must add mapping instructions to case notes of Parent Title for future registrations.

1st removal and rest of TP's from SO 1st Legal shelf will be put for map.

At this stage any possible problems should be identified by RO2 (Plans) TP Support and actioned on, including new survey detail requisitions.

9.11. Basic Mapping Points

The Title Plan for the Transfer of Part is prepared using the same rules and procedures governing the preparation of a First Registration Title Plan. Before commencing, the Case Notes for the Parent Title must be examined for mapping instructions along with the normal checks of adjoining registrations, etc.

Legal examiners must be informed of all references on the Parent Title that affect the Transfer

No examination of any Research team areas or prior deeds is required as these would have been examined and dealt with at the time of registration of the Parent Title.

9.11.1. Dispositions and Assignations

Edge and number in green the subjects being removed from the Parent Title. This must also be revealed (set ext) on the index map for the Parent Title.

A note must be added to the Case Notes for the Parent Title on the first removal to explain the area is no longer registered under the Parent Title No. as follows

This note is known as the general green-out entry.

On the first transfer the following note must be added to the Case Notes for the Parent Title so that subsequent mappers know what number to use next.

On the first removal Legal must be informed to add the general green out entry to the Parent Title as follows

On subsequent Transfers inform legal that the subjects have been removed by adding the following note

Edge and number in blue/yellow the subjects being feued/leased from the Parent Title. This must also be revealed (set ext) on the index map for the Parent Title.

A note must be added to the Case Notes for the Parent Title on the first feu/lease to explain that in the case of a Feu the dominum utile has been removed or in the case of lease that it exists. The note is as follows

In the case of a Feu the Tenure must be amended to reflect that Title is mixed fee.

On the first transfer the following note must be added to the Case Notes for the Parent Title so that subsequent mappers know what number to use next.

On the first transfer legal are instructed to prepare a schedule of feus /leases for the Parent Title as follows

On subsequent transfers legal are the instructed to add details to the schedules.

9.11.3. The Numbering And Bracing Method

Separate plan numbers are given for the building and for each part of the garden, garage or adjacent land feued. It is applicable where the development is irregular and the parts feued may be a little remote from the flat itself and not necessarily contained in the normal plot, as shown in the following example.

9.12. Pro Indiviso And Rights In Common

Pro Indiviso rights and rights in common are completed on the Title Plans etc. following the same rules that apply to FR's.

9.12.1. Dispositions And Assignations

The subjects being wholly removed from the Parent Title are edged and no’d in green as normal and legal are informed that the subjects have been removed.

Number in green the extent of the shared area, this shows that something still remains in the Parent Title.

The following note is added along with the general green out note

When the last share is transferred from the Parent Title the extent of the shared area is edged green and the above note in Case Notes is deleted for the area. As the general green out note applies.

As a general green-out entry does not apply in respect of the right in common Plans will request Legal to prepare a schedule of removals as follows.

On completion of the last share plans will inform legal to cancel that particular schedule of removals, as the general green-out entry will now apply.

Edged and number in blue/yellow when the first transfers of shared areas are completed. As there is always going to be an interest left, there is no need to wait for last share before edging.

The following note is added along with the general feu note

"As to the part edged and no’d 3 in blue a right in common has been feued"

When the last share is transferred from the Parent Title the above note in Case Notes is deleted for that area, as the general feu note applies.

Request legal to add to schedule of Feus/Leases as follows.

As well as disponing/feuing/leasing/assigning subjects shown on the Transfer plan the Transfer Deed frequently grants rights of property in common verbally with the remaining proprietors in the development. These rights in common may also be described in the Deed of Conditions.

In some cases an all embracing phrase is used as "all those subjects included within the development as are unbuilt upon and not disponed or to be disponed".

These rights of property have the effect on completion of development of removing such land from the Parent Title. It is necessary, therefore, for the Parent Title to reflect the removal of such rights of property. Also the Title plan must reflect the area to which the proprietors have rights.

Instructions re mapping procedure will be in Case notes for the Parent Title.

Site plan method - whole estate is edged red, and the house plot is either tinted or edged to reflect the TP extent.

Site plan method - colour copies showing estate edged red are already prepared and has been scanned into the system) - a coloured edge is added to the colour copy to reflect the TP extent.

As the precise extent of the area involved cannot be determined Plans will inform Legal to transfer any rights verbally.

In the Case Notes for the Parent Title a note must be added to state that a right in common to the subjects included within the development as are unbuilt upon and not disponed or to be disponed has been removed. Remember to reference area on Parent Title accordingly

In the Case Notes for the Transfer remember to add the following note that a right in common to the subjects included within the area edged red as are unbuilt upon and not disponed or to be disponed is included in the Title.

9.13. Lease Of Whole/Feu Of Whole

When the whole subjects in the Parent Title are being leased or feued the application is a Transfer of Part as a new interest is being created.

The Title Plan for the TP, is a duplicate of that for the Parent Title.

No references are required on parent title. In the case of a Feu the Tenure in Case Notes must be amended to ‘DD’

9.14. Tenement Cases

WHERE PARENT TITLE IS WHOLE TENEMENT

The Title Plan would be mapped using the site plan methods as per the parent title extent.

As the whole of the Parent Title will be affected there is no necessity to supply plans references on the PT. Instead a verbal reference is supplied in case notes as follows and in Remarks to Examiner as follows.

Legal will be asked to prepare schedule as follows

"Please prepare/add to schedule of removals/feus/leases for Parent Title DMB 987 - the eastmost house on the 1st floor and rights effiering thereto have been removed/feued/leased."

This method of mapping is known as a STANDARD TENEMENT REMOVAL/FEU/LEASE.

The Title Plan would be completed using site plan method to tenement steading extent obtained following FR. procedures.

The tenement steading would be edged and numbered blue/yellow on the parent title and the appropriate notes added to case notes and Remarks to Examiner as follows

"The following parts have been feued/leased from the area edged and number 1 in blue/yellow - DMB897 east most ground floor flat and rights effering thereto"

Please prepare/add to schedule of feus/Leases for Parent Title DMB 321.

Edged and No'd in blue/yellow	subjects
1 (part of)	eastmost flat on ground floor at 3 High Street and rights effering thereto.

On the last transfer from each tenement the case notes will be amended by deleting the schedule and adding the standard feu note

The tenement steading is numbered only and braced if applicable on the Parent Title and the appropriate notes added to Case Notes and Remarks to Examiner as follows

"The following parts have been removed from the area numbered 1 in green - DMB798 west most 3rd floor flat and rights effering thereto"

The schedule of removals will be deleted from the case notes and the standard removal note added

Legal staff should then be requested to cancel schedule of removals for tenement and if appropriate add the general green-out entry as follows.

The whole of tenement 6 High Street has now been removed from the Parent Title. Please remove from A Property Section schedule the entries relating to these titles. Please add general green-out entry.

9.15. Last Removals/Transfers

The "last plot" is the last transaction of the estate.

The "residue" is everything left in an estate after each transfer has been completed.

Case is completed in normal fashion however notes to legal differ.

When informing legal that the transfer is the last feu from the Parent Title a distinction has to be made to whether any residue exists (e.g. roadways etc.). The reason being when updated the Parent Title Land Certificate to sent back to agent the "interest" in A Section has to be updated accordingly. If residue is left interest will read superior/proprietor if no residue exists and everything in Title has been feued "interest" will read superior.

NB. Remember to amend TENURE in case notes on parent title accordingly.

Case is completed in normal fashion informing legal that this is the last lease from Parent Title - no other action necessary. Legal will update Land Certificate and return it to agent.