Approved estate layout plans 4.37  To overcome these problems and to ensure that transfers out of a developing estate and the subsequent  registration  of  the  individual  interests  are  dealt  with  simply  and  smoothly,  the  Keeper operates a system of approved layout plans. Experience has shown that the majority of builders find the  approved  layout  plan  system  to  be  of  considerable  benefit,  to  themselves  and  to  house purchasers.  Basically,  what  is  required  is  that  before  any  disposals  have  taken  place  out  of  the development, the builder submits a layout plan of the development to the Keeper. Once the plan has been  approved  by  the  Keeper,  subsequent  conveyancing  and  registration  procedures  are  much simplified. Benefits of approved layout plan 4.38 The benefits of the approved layout plan may be summarised as follows: • Discrepancies between the boundaries of the registered interest (i.e.  the building estate) and of the  proposed  development  can  be  resolved  by  the  builder  and  the  Keeper  before  individual purchasers become involved. • There is no need to prepare detailed descriptions of each unit to enable the Keeper to issue Form 12  reports  and  office  copies  of  the  title  plan.  The  unit  concerned  is  sufficiently  identified  by reference to the plot number on the approved plan. • While each deed of transfer must contain a conveyancing description appropriate to a transfer of part of a registered interest and not merely a reference to the plot number shown on the approved plan, these descriptions can be greatly simplified by using an excerpt from the approved plan as the deed plan. The excerpt should be clearly marked as being an excerpt from a plan approved by the Keeper and the date of approval should also be noted. • Purchasers’ solicitors can accept an approved layout plan as conclusive evidence that the individual plot does indeed form part of the subjects contained in the builder’s title sheet. • From  the  builder’s  point  of  view  conveyancing  procedures  should  be  simpler  and  delays  in settlement less likely. • The Keeper benefits by the saving in time and cost involved in repetitive examination of individual plans submitted with applications for reports and, where an excerpt of an approved layout plan is used as the deed plan, by the saving in time in checking the description in that deed. Circumstances in which application may be made 4.39  Application for approval of an estate layout plan may be made at any time after the builder’s interest has been registered in the Land Register. In any event, approval must be sought before the Keeper receives the first application for registration of a transfer of an individual unit. The scheme does not operate where the builder’s title is still in the Sasine Register even although the individual transfers will induce first registration in the Land Register. However, because of the many

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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