The index map layer consists of a continuous map on which, as registration proceeds, the Keeper will delineate all interests and note their title numbers. The scale of this map is determined by the base scale of the digital mapbase. A report can be ordered on Form 14 to ascertain whether or not subjects have been registered in the Land Register and the composite Form 10 report which is appropriate where the transaction induces first registration, contains provision for a similar enquiry. The Keeper can answer such enquiries by reference to the index map. Title plan and certificate plan 4.4 In the normal course of events, the Keeper prepares a title plan and a certificate plan when he receives an application for registration of an unregistered interest or of the transfer of a part of an already registered interest. (‘Transfer’ in this context includes the grant of a feu or lease of either the whole or a part of a registered interest). After examination of the titles and other evidence produced, and provided he is satisfied, the Keeper first prepares a title plan which will be stored electronically on the digital mapping system. An authorised copy of the title plan known as a certificate plan will then be prepared. The certificate plan is included in the land certificate issued to the applicant on conclusion  of  registration.  For  title  plans  and  certificate  plans,  the  Keeper  will  use  the  scale  most appropriate  for  the  property  in  question,  normally  the  largest  available  Ordnance  Survey  scale. Generally speaking, for urban property the largest scale (1:1250) will be used, but where the subjects are, for example, a park, football ground or other large open space the plan may be produced to a scale  of  1:2500.  The  title  and  certificate  plan  will  delineate  the  property  and  may  also,  by  use  of different colouring or hatching, indicate parts feued or parts let on long lease, parts affected by certain burdens, rights of access or parts of the registered interest which have been conveyed away. Comparing legal title with the ordnance map 4.5 The advent of the map-based land registration system has highlighted the poor quality of many title deed plans. Whilst these have been capable of being recorded in the Sasine Register where no check is made of their quality or accuracy, the registration process necessitates a much more rigorous examination  of  property  extent.  The  Keeper’s  detailed  mapping  procedures  now  ensure  that  legal extents contained in title deeds are considered not only against occupational extents (as defined on the ordnance map) but also compared against adjoining registered properties. Differences between the legal extent and that which exists on the ground are all too often revealed only at first registration. This situation can cause needless delays for the parties to a conveyancing transaction. Problems with title extents stem from two main failings. The first concerns failure to check that the title extent accurately reflects the situation on the ground. The other concerns the absence of surrounding  physical  features  on  the  deed  plan,  which  makes  it  impossible  to  locate  and  fix  the property on the ordnance map. Identification of subjects 4.6 Any application for registration must contain sufficient information for the Keeper to identify the subjects by reference to the ordnance map. In terms of section 4(2)(a), an application which does not contain a description sufficient to enable the Keeper to do this will be rejected. In this context ‘identify’

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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