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8.13. DEVELOPED ON THE GROUND PROCEDURE
The object of this scheme is, so far as possible, to eliminate time consuming consideration of boundary discrepancies revealed by a comparison of the description/deed plan in the Titles with the OS Map on First Registration or at P16 Report stage.
The idea is to identify suburban building estates where the problem is most likely to occur. Sufficient deed plans are required to make up a mask of the whole estate, showing all the plots as they were conveyed in the Titles on an overlay trace to compare with the relevant OS map. It is important that even if one deed plan obtained shows the entire development, others are obtained, particularly for plots sold in the final stages of development, in case the layout was changed. From this comparison it will be possible to identify those plots where the development on the ground matches the Title Deeds, those plots where there is a discrepancy which can safely be ignored and those plots where there is a discrepancy which cannot be ignored and where remedial conveyancing may be required.
Once the plots have been categorised, instructions will be written onto the Index Layer as to how each plot will be processed, e.g. "map to fenced extent" or "major discrepancy, check out and refer". In the former case the Mapper will not require to check the deed plans against the OS Map in any great detail but will simply require to make a cursory check to ensure that the plot looks the same then map it as fenced. In the latter case the officer will refer it. The same instruction will guide the officer completing the P16 Report. If the Index Layer instructs fenced extent for a plot, an answer "2G" will be given. see section 8.13.5. Procedure at P16 Report and First Registration Stages .
If the instruction reveals "major discrepancy etc" an answer "3G" will be given, see section 8.13.5. Procedure at P16 Report and First Registration Stages Here again no detailed comparison or measurements is required, simply a quick check to ensure that the deed plan/description and the OS Map are in fact in conflict just in case a new deed plan/description has been produced.
Because of the importance of the scheme and the high element of risk involved the procedure will be controlled by a plans RO1 and legal officer.
8.13.2. Procedure - Initial Identification of Suitable Areas
The Plans Settler will, decide if
it is a suitable development for procedure. In so deciding the settler must
take the following criteria into account.
(i) Does the development consist of blocks of flats or include blocks of flats
intermingled with detached, semi-detached or terraced houses? If so the area
can be discarded unless the non- flatted property is clearly separated and can
be considered on its own.
(i) Does the Development consist of 4 in a block, 2 up 2 down houses with garden
plots? If so discard the area.
(iii) Are the deed plans "Floating Rectangles"? This will be apparent
from the breakaway deed or deeds included a in Research File. If so discard
the area.
(iv) Can a "mask" be made up from a reasonable number of deeds? For
instance if there are 600 Plots in a development and each breakaway deed plan
only shows 6 plots then it would take one hundred deed plans to cover the area.
This is too many. It is difficult to provide guidance on what is acceptable
but it must be a balance between benefits to be gained and the difficulty of
achieving them.
(v) Is it worth adopting the procedure for a small development or for a portion
of one? Once again a balance must be struck. If there are fewer than a dozen
plots in the development it is probably not worth the bother but if there are
15 or 20 plots which are all shown on one plan it may well be advantageous to
adopt the procedure.
(vi) Are the plans of sufficient quality to permit overlay traces being made?
(vii) Is development still taking place? If it is, unless there are distinct
completed phases, the procedure is of no value.
8.13.3. Preparation of the Overlay Mask
Once it is decided that an development is suitable, the Plans officer will prepare an overlay mask. The locations of the various breakaways will be identified. If this proves to be a good random spacing throughout the estate, it can be accepted as fairly certain that all the plots in the estate have been conveyed using the same edition plan. Should the deeds not show a good random spacing throughout the estate, suitable additional properties are selected and their deeds ordered from the Record Office.
The Developed on the Ground Procedure can generate enormous benefit for the Agency in saving staff time. To achieve this benefit a certain degree of risk is involved. To minimise the risk the decisions must be taken by Plans and the Legal officers at a suitable level, delegation is not permissible. Moreover the procedures laid down herein must be followed scrupulously
The Plans settler and the designated Legal settler should together examine the development for which overlay masks have been prepared.
The Plans and Legal settlers should compare the overlay mask with the OS Map. From this it will be apparent whether the boundaries on the ground conform to what is shown on the Deed Plans. Where discrepancies are revealed it is the decision of the Legal settler as to whether they can be ignored or not bearing in mind any information as regards age and nature or boundaries and other relevant factors supplied by the Plans settler. The primary criterion to be taken into consideration is whether the discrepancy is such that anyone examining a Title Plan showing the plot as fenced would readily perceive that it was different from the deed plan. Basically if the plot shape looks the same it can be accepted whereas if the discrepancy converts a plot from a square into a rectangle or a quadrilateral into a triangle or the like it cannot be accepted because it would be instantly apparent to anybody comparing deed plan and Title Plan.
It is highly unlikely that an overlay mask will fit exactly over a whole estate. Local fitting in separate areas may be necessary but providing the local fitting does not clash with other local fitting this is a perfectly satisfactory method. It must be stressed, however, that both the Legal settler and the Plans settler must agree any local fitting or adjustment of trace positions. Groups of houses such as a cul-de-sac or the side of a street can, and indeed often must, be considered in isolation. Lateral movement of boundaries can be ignored providing it does not radically alter the shape of the plots or does not result in a plot being missing or an additional one appearing on the ground. If this sort of thing has happened it points to a change in the development plan and copy deeds for the houses in the area affected should be ordered to see if that change is reflected in the deed plans for them.
Having decided which plots can be mapped as fenced and which may require special treatment the Plans and Legal settlers must then consider if a site visit is necessary to confirm their decision, in most cases it will be. In any case where there are discrepancies, which will require further consideration a site visit is essential to check that the OS Map is accurate and to try and ascertain what has caused the problem. Even where there are discrepancies which prima facie can be ignored it is advisable to instigate a site visit to ascertain age and nature of boundary features first in case any on the ground changes have occurred since the OS Map was last revised. The age and nature of a feature can also play a part in deciding whether to give instructions to map "as fenced". A six foot high brick wall or a mature hedge represents a firm established boundary, which can readily be accepted even if not conforming to the titles. A stob and wire fence does not necessarily carry the same connotations of permanence, although such a feature may be several years old.
It should also be noted that the normal P24 survey requisition form can be sent to the Ordnance Survey with the appropriate question added to complete the site visit where it is not viable that a officer from the Agency carries it out i.e. Site visit for Tobermory Shetlands etc,
During the course of an investigation it may become apparent that the OS Map is not sufficiently up to date to take account of recent developments on the ground and again the Plans officer must take action to have it updated.
8.13.4.1. - Recording mapping instructions for future applications
When the site visit has confirmed which plots can be treated as fenced and which plots require special treatment this has to be noted on the DMS.
Where the development forms part of a Research Area the notes should be added to the Research Area notes on both the LRS and DMS. Where no Research Area exists an index type DOG (14.1.8.5. - -DOG - DEVELOPMENT ON THE GROUND (EXPLANATION OF INDEX TYPES)) must be created for the development to which mapping instructions for the development is added
Example Notes
" - Apart from the plots undernoted fenced extent can be given in all cases.
Plots requiring special treatment
House 19, 21 and 23 Meadow Way
House 124 Moon Crescent"
The Plans and Legal settlers should remember that if a house plot does require special treatment this may involve the neighbouring plot so that plot should be scheduled for special treatment as well if appropriate.
Where house plots include half the width of roads or access lanes etc a simple fenced extent instruction is obviously insufficient. The instruction must be more explicit, for example.
" Apart from the plots undernoted fenced extent can be given as regards the side boundaries in all cases, front and rear boundaries should be mapped to include half street/lane " (or as appropriate).
8.13.5. Procedures at P16 Report and First Registration Stages
When a request for a P16 Report is received the reports settler should check the Index Map to see if there is a developed on the ground instruction for the particular plot. If there is an instruction to treat it as fenced the reports settler should run a visual check to ensure that the description in the request looks the same as the plot on the OS Map. There is no need to measure accurately, if it does look the same an answer 2 as follows can be given
2G. The subjects shown on the plan submitted by you do not agree with the boundaries shown of the Ordnance Survey (OS) map. However, the Keeper has received previous applications in this area* / already investigated the development* and has established that the position of features on the ground does not reflect the extents shown on the deed plans. Given the age and nature of this development the Keeper, as a result of the prior registrations* / earlier investigations, is willing to register this property as defined on the enclosed extract from the OS map with no exclusion of indemnity regarding the extent.
This P16 Report should be submitted with the application for registration of the property together with confirmation that the extent depicted on the OS map does actually reflect the occupied extent of the subjects.
If it does not look the same the reports settler should refer the case up so that a check can be run against the overlay trace. If the instruction on the Index Layer states that the plot requires special treatment, and a brief comparison between the deed plan and the print confirms an obvious problem, an answer 3 as detailed below should be given and a print enclosed with the report. It is important to check the situation, in case a different plan is used in the P16 application that reflects the physical situation.
3G. The site that the subjects shown
on your plan forms part of, has not been developed on the ground as per the
layout depicted on the plan. As a result of the differences between the layout
shown on the plan and the position depicted by the Ordnance Survey (OS) map,
there is no reliable surrounding detail from which the position of the boundary
features of the subjects can be plotted. Therefore it is not possible to establish
exactly how the subjects relate to the OS map, and where any discrepancies may
fall.
However by picture there does appear to be a discrepancy between the extent
shown on the plan and the OS map. For your assistance I enclose an extract from
the latest edition of the OS map held by the Keeper.
Please see the enclosed guidance notes on how to proceed prior to submitting
an application for registration.
When an application for First Registration is received the Plans settler should check the Index Layer for instructions. If there is an instruction to give fenced extent this can be given after a visual check to ensure that the plot looks the same. Here again if there is a visual discrepancy the case should be referred up. If the instruction indicates special treatment the Plans settler should prepare a print showing the discrepancy and refer the case up through normal channels, having checked, firstly, that the particular deed plan does, in fact, reveal discrepancies, and secondly, that there are no other relevant documents that may resolve the situation, such as further conveyancing.
8.14. AMALGAMATIONS, MERGERS AND RELATED MATTERS (EXCLUDING SCHEME TITLES)
8.14.1. Amalgamations and
Restorations: General
Amalgamation occurs when several plots of land, vested in the same proprietor, are put in the one Title Sheet for the purpose of saving expense and facilitating future transactions.
The proposal to amalgamate may be initiated by Legal Staff or Plans Staff or may be requested by the applicants' solicitor. Normally amalgamation will only be carried out after consultation with Legal Staff and with the solicitors.
Amalgamation may be effected where two, or more, applications are separately lodged, but for certain reasons are considered better included under one Title Sheet. Commonly, one portion may already be registered, and amalgamation of a new application with it is sought.
A Restoration occurs when, for example, a proprietor changes the lay-out of a development and finds he needs to buy back a piece of ground he has already sold off and wishes to restore this land to the original Parent Title.
Amalgamation of the subjects in two or more First Registrations into a single title could be carried out at the initial mapping stage where the tenure is the same and there is a request by the applicant for amalgamation, and both/all applications refer to the same deed or deeds for rights and burdens. However, this can only be achieved if Intake has correctly completed the Application Record to show only the one Title number and there is no likelihood of further plans references being required.
Amalgamation of land in First Registration and Transfer of Part Applications to form one title must be referred to Legal Staff before mapping is carried out, as must an application to restore land to a registered title which may be lodged as either a Dealing with Whole or as a Transfer of Part.
When mapping a registration of land which will form with adjoining registered subjects, one development, the possibility of amalgamation should be considered even where it has not been requested by the Solicitors. In such cases the simplification of plans and eventual saving of labour might result. The suggestion of amalgamation should be initiated by Plans Staff to Legal Staff who will contact the Solicitors and request that the Land Certificate(s) for the registered part(s) be submitted. No extra fee will be charged for an amalgamation effected for Departmental reasons. The situation when a Standard Security affects only the subjects in the First Registration and not the registered subjects (or vice versa) need not necessarily prevent the amalgamation from taking place. In exceptional circumstances amalgamation may be carried out when a Standard Security affects only one of the parts to be amalgamated, if it is highly desirable. Such cases should be referred to Legal Staff who will obtain the Land Certificates from the Solicitor acting for the registered proprietor. The result of such an amalgamation is that the registered proprietor will not receive a Land Certificate in respect of that part of his property burdened by the Standard Security as it will be held by the Creditor.
Amalgamation into a Scheme Title of subjects in First Registration Applications can be carried out at the initial mapping stage. Scheme titles are covered elsewhere.
8.14.3. Amalgamations: Legal
Staff Considerations
It is important that the agreement of Legal Staff, Plans Staff and Solicitors is in evidence before amalgamation (or restoration) affecting registered subjects is carried out, and where this is not the case agreement should be sought.
Normally, any survey or inspection required is instigated first. Investigation as regards adjoining registrations is also completed, and the officer must satisfy him/herself that the abstracting is accurate and complete. If the application is a developer's Title, and has not already been seen by the SRO2 who vets proposed developing Titles, he/she should be consulted.
Legal Staff must be told whether the desired amalgamation is convenient and possible from a mapping point of view and whether or not the land is fenced or otherwise defined on the ground. The provision of a print showing the parcels of land concerned (and any servitudes) can assist Legal Staff in framing their entries.
Generally speaking Plans Staff are not concerned with the matter of fees payable in connection with amalgamation but if compliance with a request from the applicant for amalgamation would involve an abnormal amount of work in preparation of the plans, Legal Staff should be informed and provided with an assessment of the cost of the mapping work, as the question of a special fee may have to be considered.
A special fee is not normally charged where a substantial ad valorem fee has been paid or where two or more pending applications for value are being amalgamated.
No fee is charged for amalgamation effected for Departmental reasons.
8.14.4. Amalgamations: Plans
Considerations and Mapping Methods
In some circumstances amalgamation of the subjects lodged for First Registration may appear desirable for technical reasons. For example, this sometimes occurs on the registration and building up of developing estates where no specific request for amalgamation may have been made by Solicitors. It may also serve to resolve boundary questions that have arisen. In such cases the simplification of plans and an eventual saving of labour might often result and suggestions for amalgamation should be initiated by Plans Staff.
In the case of possible amalgamations affecting developing estates, it is important that where Plans Staff initiate the action, this should be done at the earliest possible moment so that objections to amalgamation will not be raised by the Solicitors simply because they have already taken steps in connection with plot sales which do not take into account the possibility of amalgamation. Also, should Transfers of Part have already been lodged with the Agency, amalgamation is not always possible.
The amalgamation of two or more First Registration Applications can be mapped in the straight forward normal manner, i.e. the whole amalgamated extent is edged red and the necessary references given as though it were one application. Legal Staff are informed of references given, and the property description will reflect the land as a whole e.g.:
Where two large portions of land are amalgamated to form a developing title:
"Subjects being land on the north side of HAMILTON ROAD, CAMBUSLANG edged red on the Title Plan being 3.8 hectares in measurement on the Ordnance Map".
or
Where the subjects comprise an original building plot, and an additional area later required that obviously forms part of the rear garden ground:
"Subjects 99 HAMILTON ROAD, CAMBUSLANG, edged
red on the Title Plan".
8.14.5. Absorption, Confusion,
Consolidation or Merger
The feudal system is still, in the main, the basis of land tenure in Scotland. The system has resulted in a complicated chain of superiority and various mid superiority interests being built up over the ages.
Sections 2(1)(a)(iv), 2(4)(a) and (b), and 8(2)(b) of the Land Registration (Scotland) Act 1979 refer to the absorption (merger) of one interest into another. In this context absorption means the merging of two fees (interests) as in consolidation of dominium utile with the immediate superiority or the termination of a lease other than by expiry of its natural term.
During the transitional period when the Register of Sasines and the Land Register co-exist, the lower fee is merged into the higher fee in whichever Register is appropriate for the higher fee. The only circumstances in which an interest is removed from the Land Register and returns to the Sasine Register is created when the lower fee is registered in the Land Register and the higher fee is recorded in the Register of Sasines.
The Legal Settler will be responsible for instructing Plans Staff on merging interests. First Registrations which are affected by existing registrations of a different interest should be inspected carefully to ensure that any letters referring to consolidation or Minutes of Consolidation in the deeds inducing registration etc. have not been overlooked. These cases should be referred to Legal Staff before mapping is completed to ascertain (1) if the interests are capable of merger (2) if the solicitor acting desires merger to take place and (3) the title number under which the registration will be continued.
8.14.6. Absorption: Confusion:
Consolidation Etc.: Plans Action
On receipt of a First Registration which is affected by another registered interest
(a) Provisionally Index the subjects of First Registration
(b) Ensure that an Application Number has been taken out against the affected
registered interest if necessary).
The considering officer will refer the Application to Legal Staff with a note and if necessary a plan showing how the extent of the First Registration affects the registered interest.
The following are examples of the type of information which would assist the Legal Settler.
(i) Where the Superiority is recorded in the Register of Sasines and the Dominium Utile is registered in the Land Register. A First Registration to register the superiority is received. Having followed above procedure the Plans officer should make the following note to legal - "The subjects in this First Registration are co- extensive with subjects registered under REN 345(Dominium Utile). If merger is possible, Title plan for REN 345 could be utilised. Please advise".
By supplying Legal Staff with information of this nature it may well be found that no further Title Plan preparation will be necessary. Legal Staff may well be able to amend the Title Sheet of the existing registration and utilise existing mapping for that title. In this example even though no request has been received for consolidation it is preferable that the Registration should be passed to Legal Staff who may contact the agent to confirm if consolidation is preferable.
(ii) Where the Superiority is registered in the Land Register and First Registration of the Dominium Utile of a part of the superiority is received containing a request for consolidation this type of application could comprise a Transfer of Part of the Superiority as well as the First Registration of the Dominium Utile. Should this have been overlooked, it is important to have the Application re-taken on correctly.
These Applications should be quickly referred to Legal Staff after provisional identification informing Legal Settler along these lines: -
"Please see request for consolidation in ................... The subjects of this registration form part of Title REN 567 (Superiority) and are co-extensive with the land edged and numbered 3 in blue on the Title Plan. Should consolidation be affected the application will additionally constitute a Transfer of Part out of REN 567. Please take necessary action re Application Record and advise as to Title No. under which mapping should proceed".
In Applications of this type where there is no request for consolidation, mapping for the First Registration should be completed as normal. Legal Staff must be informed of the Title No. of the Superiority and any plans references affecting the subjects of the First Registration.
When a Local Authority or other statutory body with powers of compulsory purchase
intends to acquire in a piecemeal fashion and over a period of time, the whole
of a specified extent of land in an operational area (e.g. under a redevelopment
programme) it may ask for arrangements to be made for incorporating each individual
parcel, as and when it is acquired, in a single Title Sheet covering the entire
extent or a manageable portion thereof. Such a title is called a "Scheme
Title" and it can be set up whether the separate parcels are acquired by
compulsory or by voluntary purchase and whether they are acquired by Statutory
Conveyance or Disposition, etc. Under compulsory provisions, all the burdens
are extinguished and the rights of the superior are erased.
Scheme Titles are not necessarily confined to Local Authorities, but unless otherwise stated, the practice laid down in this section relates chiefly to Local Authority Scheme Titles.
For the successful operation of a Scheme Title it is essential that the Local Authority should have plans to acquire all the properties within a specified area within a reasonable time. The Scheme Title procedure depends for its success upon joint consultation and careful planning in the initial stages and thereafter close liaison between the Local Authority and Agency staff.
The basis of a Scheme Title procedure is that on the first acquisition by a Local Authority under the scheme, the Title Sheet and the Title Plan are prepared in a form which facilitates subsequent additions of land. No Land Certificate is prepared until all the land intended to be acquired has been added to the Scheme Title. This need not create any difficulties for the Local Authority because the Title Plan and Title Sheet are kept up to date and Office Copies may be obtained in the usual way. A sale of and therefore a removal of part of the land already in a Scheme Title can be processed before the Scheme Title is completed.
8.15.1. Advantages of The
Scheme Title Procedure
The Scheme Title procedure allows a Local Authority to build up progressively one or more Title Sheets together for the whole of an area being acquired, and provides an authoritative and up to date record of the progress of the planned series of purchases. As a Land Certificate is not prepared or issued until the whole area has been included in the Scheme Title, the Authority does not have the inconvenience and expense of storing numerous separate Land Certificates and of eventually seeking their amalgamation into a single title.
From the Agency's point of view, the number of separate Title Plans and Land Certificates prepared is reduced, and duplication of effort in the examination of earlier deeds can often be avoided. The system can also result in an advantage when re-sales of land take place, usually after redevelopment. Transfers of Part can take place out of one Title Sheet whereas the alternative would be for Transfers of Part to take place out of a number of Title Sheets which would involve the Department in work of considerable complexity.
Upon receipt of the first Application for Registration a Scheme Title Number will be allotted for the scheme.
An Application to add land to a Scheme Title can be recognised by an accompanying letter, a note on the application form or deed, or the inclusion of the Scheme Title Application Form 18.
8.15.2. Liaison With The
Local Authority
Before it can be decided whether the Scheme Title procedure will be practicable, it is necessary for the Local Authority to supply the Agency with the relevant facts, such as: -
(i) The precise extent to be acquired by reference to a plan,
(ii) What interests in the properties will need to be acquired (i.e. dominium utile and Leasehold interests)
(iii) The development planned for the area
(iv) The programme for acquiring it
(v) If appropriate, the plans for disposing of the properties within the area.
An Explanatory Leaflet is designed to give advice to Councils who may be unfamiliar with the practice. It is sent when considered appropriate and gives an indication of the general procedure to be followed and information as to the forms available for use.
When the first Application is lodged, the Local Authority is immediately informed of the Scheme Title Number which has been allocated.
Where good liaison exists with a Local Authority, it may be possible to set up a Scheme Title prior to receipt of the first Application. In such cases, a Scheme Title Number will be allotted, notified to the Local Authority, and retained on deposit until the first application is received. This allows the early indexing of the extent of the scheme and the preparation of the Title Plan.
8.15.3. Mapping (Preliminary
Requirements)
The requirements for the opening of a Scheme Title are set out in an Explanatory Leaflet. In particular the first application must be accompanied by:
(a) A plan, on a scale of 1/1250 or larger, showing by an edging of colour the location and extent of all the land intended to be acquired (NB 1/2500 scale may be acceptable in some cases, such as an acquisition scheme for a new motorway);
(b) Two uncoloured copies of that plan, if available; and
(c) A statement as to the Act or Acts under which the disposal of land within the scheme area may be made.
Upon receipt of such an application by Plans Staff, it will be referred to the appropriate officer for consideration. The officer will check to ensure that the requirements under (a) and (b) above have been met. He will also liase with the appropriate legal Officer as necessary, particularly with regard to the question of whether the requirements under (c) above have been met. He will then, if necessary, contact the Local Authority to discuss any points which may arise including the question of whether any other land (registered or unregistered) within the scheme area has already been purchased by the Local Authority and should be added to the scheme.
8.15.4. Mapping Extent of
Scheme Title
The opening of new Scheme Titles and their final completion must be dealt with by a senior officer.
Each Application for an addition to a Scheme Title should be made, not only on a normal Application form (Form 1, 2 or 3) but also on the form designed for the purpose of a Scheme Title (Form 18) and the Scheme Title Number should be shown thereon. A supply of these special forms sufficient to cover the anticipated needs within a particular area should be provided free of charge and forwarded to the applicant on request.
The extent of the land which the Local Authority proposes to acquire is shown on the scheme plan which accompanies the First application
The Plans Officer will arrange for the preparation of an additional copy of the scheme plan for the use of the Legal Settler. He will refer the first application with the additional plan to the appropriate Legal Officer who will inform Plans Staff of the method to be used for entering the description in the A. Property Section.
Each property or block of property which is added to the Title Plan as it is registered is given a number but when a Lease affects a part of the land in any particular application that part will be given a separate number unless there is an indication that such a reference will not be required because the Lease has been extinguished. Where necessary a Schedule of Leases is prepared.
It occasionally happens that before a Scheme Title has been completed a disposition of part of the land already acquired is lodged for registration. When a Lease or Feu of part of the land is granted by the Council, the Lease or Feu requires to be noted on the Title Sheet and the method of referencing is by edging and numbering the land in yellow or blue respectively on the Title Plan, or 'greened out' when the whole interest in a portion is removed.
Otherwise, plan references on Scheme Titles are
given only at the request of Legal Staff. Legal Staff may request plan references
covering that part of a Scheme Title which is affected by burdens even though
only part of such an area may, at this time, have been brought on to the Title
Sheet. Plan references in this category are normally given by edging and lettering
in colour. On subsequent additions to the Scheme Title, Plans Staff must disclose
any such plan markings which affect the land. Land acquired under compulsory
powers in terms of the Lands Clauses Consolidation (Scotland) Act 1845 is freed
from burdens (including servitudes) and references will only be required for
private schemes. Existing servitudes may be continued with the agreement of
the acquiring body.
A record of the reference numbers used must be kept. A general entry will normally
be used. The procedure is as follows: -
(a) The first Application will be referred to the appropriate Legal Officer who will decide on the method to be used for entering the description in the A. Property Section of the new Scheme Title. The normal method adopted will be a general entry in the A. Property Section as per the simple example below. This method eliminates the need to describe the land comprised in each area edged and numbered in red which is added to the Title Plan. The following is the form of entry made by Legal Staff at the head of the A. Property Section in substitution for the normal property description: -
"The land shown edged and numbered in red on said Title Plan".
(b) Occasionally the Legal Settler will wish to qualify indemnity in respect of parts being added to the scheme. In this instance the Legal Settler will add a note to this effect in the A. Property Section.
(c) The Legal Settler will provide instruction on the Scheme Title deposit that every substantive Application for registration will be added to the title by edging and numbering in red method. Legal Staff will note applications on Deposit Form and this will provide a means of accounting for any pending applications etc. revealed by Intake Section and shown on subsequent applications.
(d) Plans Staff will: -
(i) Make a note that a general description entry has been made on the Title Sheet.
(ii) Prepare a schedule of additions with the following headings: -
DATE OF APPLICATION APPLICATION NUMBER PLAN NUMBER PREVIOUS TITLE NUMBER DESCRIPTION
(N.B. The purpose of this schedule is to (a) enable a proper date to be placed on any Office Copy of the Scheme Title Plan that has to be issued while the additions are still in progress and (b) to provide access to Agency records in respect of the parts added).
(e) On each subsequent addition
(i) added to the above schedule
(ii) State on the Scheme Title Application form that the land has been added to the Scheme Title Plan and quote the reference number(s) used. (Legal Staff may require this reference for any entry in the Title Sheet).
An Application to add land to a Scheme Title must be accompanied by the appropriate Form 18, but the Application may in fact be a First Registration, a Transfer of Part, or a Dealing with the whole. In the first two cases, Legal Staff will require the usual information supplied by Plans Staff in such applications, including details of previous registrations and whether land affected by servitudes is registered or not. In all cases, Legal Staff should be informed of the action taken to add the land to the Scheme Title, by means of an appropriate note, which may be in the form of an adaptation of the following:
"The land comprised (in the DIR/ in the Transfer/ in title ......) has been added to Scheme Title .................. by edging and numbering in red. (The new title no. has not been used/Mapping of title ................ has been closed)".
In the case of a Dealing with the whole, the above note would be in reply to a specific requisition by Legal Staff.
It should be noted whatever the type of Application, a Form 18 should accompany the case. Where such an Application Form has not been lodged, but it is clear from evidence with the case or from enquiry of the Local Authority that it is the intention to add the land to a Scheme Title, Form 18 should be completed for an Application to be taken out under the Scheme Title Number. Mapping may then proceed.
The final Application for an addition to the Scheme Title should be accompanied by a request from the Local Authority for the issue of the Land Certificate and will be referred to the appropriate senior Plans Officer The land comprised in the final application must, of course, be added to the Scheme Title, but the Plans Officer will need to consider whether a new Title Plan is required and whether this will need a survey. He will then refer the case to the Legal Officer with his observations. It will sometimes be necessary to prepare a new edition of the Title Plan because redevelopment has taken place and a title plan based on superseded detail (demolished buildings etc.) may prove confusing. The problem is further increased when removals have occurred before all the acquisitions have been registered. In every case, an up-to-date description of the whole of the land in the title must be supplied and entered in the A. Property Section. It may be necessary for the Plans Officer to agree the description of the land with the Local Authority. The preparation of a new edition of the Title Plan will usually call for a new edition of the Title Sheet when it will be for Legal Staff to request such plan references as they may need.
8.15.5. Additional Plan of
Scheme For Legal Settler
On the first Application for registration of land in a new Scheme Title, in addition to the Title Plan, a large scale plan of the scheme area showing the scheme boundaries and where possible, street numbering or other descriptions, is prepared by Plans Staff. This plan is forwarded with the completed application to the appropriate Legal Officer who will have the plan placed on deposit against the Scheme Title Number.
Reference to this plan assists the Legal Settler
and in cases where no question as to identification arises enables him, without
further reference to Plans Staff, to omit certain entries in the Title Sheet;
those for example regarding servitudes which will cease to exist when the whole
area has been acquired by the Local Authority.
8.15.6. Check List for The
Mapping Of Scheme Title Applications
The first Application will be referred to the appropriate senior Plans Officer, (after provisional indexing in the case of a First Registration).
The senior Plans Officer will:
(a) Ensure that the Scheme Title requirements referred to above are met, and consult the Local Authority as necessary.
(b) Arrange for the additional copy of the Scheme Plan to be prepared for the use of the Legal Settler.
(c) Consult with the appropriate Legal Officer to decide on the form of entry for the property section description(s) before mapping is undertaken.
(d) Give instructions for the preparation of the Scheme Title Plan.
(e) Ensure that the method of entry for the A. Property Section is described and noted.
(f) Settle the mapping of the first Application creating the Scheme Title.
Mapping of Applications will be carried out as follows:
(a) On the first Application, prepare the following
(i) Additional Scheme plan for use of Legal Settler.
(ii) The new Scheme Title Plan.
(b) On all Applications:
(i) Check the last reference number used on the Title Plan.
(ii) Add the land by edging and numbering in red, each separate parcel being given a different number.
(iii) Supply the usual mapping information appropriate to the type of Application.
(iv) Disclose any existing plan reference on the Scheme Title Plan which affects the land added (Note: Plan references on Scheme Titles are supplied only at the request of Legal Staff, except where a Lease of Part affects).
(v) Inform Legal Staff on the action taken to add land to the Scheme Title.
(vi) Complete Form 18, as appropriate to show the Title Number.
The final Application will be referred to the senior Plans Officer who will:
(i) Consider whether a survey is required and requisition one, if necessary.
(ii) Refer the case to the appropriate Legal Officer with his observations.
(iii) Complete the Plans mapping and settling as required.
Where a Council acquire land on both sides of a road which will cease to exist on redevelopment Legal Staff will request Plans Staff to include the site of the road in the title if a Stopping-Up Order has been obtained and the evidence has been lodged with the Agency.
Where an Application contains a Stopping-Up Order with a request by the Local Authority to add the land to the Scheme Title, the case should be referred to the appropriate senior Plans Officer. He will inform the Legal Settler whether or not the land on both sides of the road or part of the road affected by the Stopping-Up Order has been included in the Scheme Title, and ask whether the affected land may be added to the Scheme Title as requested by the Local Authority.
In no circumstances should the land referred to in a Stopping-Up Order be added to a Scheme Title without a specific request from a Legal Settler.
8.15.8. Omission from Application
of Reference to Scheme Title
The delineation of the proposed extent of a Scheme Title on the Index Map enables Plans Staff to identify any Application to register land falling within the limits of the scheme.
Any application which, although lodged on behalf of the registered proprietor of the Scheme Title, bears no reference to the Scheme Title Number, confirmation should be sought from the applicant that the addition of the land to the Scheme Title is desired. If this confirmation is given, before mapping proceeds, the Application, with a Form 18 must be taken in against the Scheme Title Number.
8.15.9. Applications Not
Affecting The Scheme Title
Transactions involving land within a Scheme Title area between parties other than the registered proprietor of the Scheme Title do sometimes occur and these must be dealt with in the normal way. The Scheme Title will not be affected.
8.15.10. Extension of Proposed
Area of A Scheme
Although the extent of the Scheme Title as shown on the Index Map is recorded from the plan supplied by the Local Authority, it is not intended to indicate the absolute limit of the land proposed to be acquired under any particular scheme.
Where an Application by or on behalf of the registered proprietor of a Scheme Title for the registration of land adjacent to the particular Scheme Title is accompanied by a request for its inclusion in that title, the mapping of the addition may be completed and Legal Staff informed of what has been done.
Occasionally there may be difficulties in complying with such a request e.g., the Scheme Title Plan may not cover the full extent to be added. A telephone call by the Plans Officer to the Local Authority should reveal whether any other amendments to the extent of the scheme are planned which may well influence the course of action to be taken.
Where no specific request accompanies such an Application and it is clear that it would be convenient to include the land concerned in the scheme, a telephone call should be made to the Local Authority in order to confirm that such a course of action is acceptable.
8.15.11. Delay In Completion
Of Scheme Titles
Difficulties may be experienced in bringing a Scheme Title to completion because a Local Authority does not appear to complete all the planned purchases within the area of a scheme, in spite of a considerable lapse of time. These difficulties can be aggravated where sales off from a Scheme Title are received following redevelopment but prior to completion of the Scheme Title.
From time to time the senior Plans Officer responsible for Scheme Titles should review the progress of Scheme Titles under his control, particularly those on which an Application has not been received for a long period (say five years). In such cases, initial investigations may reveal that other titles in the scheme area are registered in the name of the relevant authority. Whether or not this is the case, the Local Authority should be contacted to discuss the current position.
In a number of cases the renewed liaison with the Local Authority will reveal that other purchases (registered or recorded) by the Local Authority have taken place within the area of the scheme but for some reason no request has been made to add them to the Scheme Title. Where this is so, arrangements should be made with the Local Authority for lodging Applications for the addition of such land to the Scheme Title as soon as possible so that it may be finalised, and the Land Certificate duly issued.
If a Local Authority confirms that no further purchases are to take place within the area of an uncompleted scheme, consideration should be given to the completing of the Scheme Title (as it stands) and the issue of the Land Certificate, and the Local Authority should be informed accordingly. However, if further purchases are planned, no such arrangements should be made, notwithstanding the fact that no recent purchases by the Local Authority have taken place.
8.15.12. Difficulties of
Scheme Titles For Private Development
Scheme Titles for private development are infrequent mainly because of the difficulties mentioned in the paragraph below. Nevertheless a Developer's Solicitor may enquire of the Department whether a Scheme Title can be set up and, if so, what are the requirements to enable this to be done.
The setting up of a Private Scheme Title must be
the subject of a special arrangement and always considered in consultation with
Legal Staff. Certain difficulties may be encountered. For instance, as the private
developer, unlike a Local Authority, has no power of compulsory purchase, it
cannot always be assumed that he will be able to acquire all the properties
within the boundary of the scheme.
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