Tenements

This section covers FAQs for tenements and other flatted buildings

Q1. How does the keeper reflect tenements buildings on the cadastral map?

The 2012 Act allows the Keeper to broadly continue with her current mapping practice of providing a red edge to define the extent of the tenement building and all land pertaining to it, this is known as the tenement steading. The tenement steading extent described in the deeds will become the extent of the cadastral unit. There will be a single cadastral unit for the tenement and all flats within it, rather than separate cadastral units for each flat.

Although the cadastral unit for each flatted property is the whole tenement, each flat will have a separate title number and title sheet.

The description for the flat in the property section will narrate that the subjects form part of the cadastral unit. See example below.

Excerpt of the cadastral map showing cadastral unit for tenement steading only.

Tenement

Property description for flatted property within the above tenement cadastral unit:

Subjects part of Cadastral Unit GLA12345 edged red on the Cadastral Map, being the westmost dwellinghouse on the first floor above the ground floor of the Tenement 48 CRAIGPARK, GLASGOW G31 2LX.

Q2. The deed plans in the titles show the extent of the individual flat and common areas within the tenement steading. Will these be shown on the cadastral map?

In terms of section 16(1) of the 2012 Act the Keeper can represent the tenement building and all the registered flats within it as a single cadastral unit. Therefore, where the deed plan defines the extent of the flatted property, exclusive pertinents, or shared areas, these will not be reflected on the cadastral map.

Additional information including the footprint of the individual flat or relating to shared and other exclusive rights pertaining to the individual flats, such as bin stores or a common drying green, is considered supplementary data and as such will not be shown on the cadastral map, but will be included as supplementary data to the title sheet (in the form of a plan) for the individual flat, to clarify the information in the title sheet for that flat.

Q3. What is Supplementary data?

Supplementary data is additional geospatial data or other information that may be included in individual title sheets to enhance or clarify the detail in that title sheet. As supplementary data is used to clarify information in the title sheet, where this includes additional geospatial data, it is not shown on the cadastral map. For example, the extent of a flatted property within a tenement does not require to be shown on the cadastral map as it is within the building defined on the cadastral map.

The Keeper may provide spatial supplementary data to the title sheet by (a) delineating the additional information on a plan using the base map to provide the underlying detail or (b) incorporating into the Property Section by reference the relevant deed and plan held in the archive record, in order to support and reflect the terms of the conveyancing.

As this data supplements the information in the title sheet, it forms part of the title sheet only; it does not form part of the cadastral map. An extract of the title sheet would include extracts of any supplementary data associated with that title, even where the supplementary data is in the form of a plan produced by the Keeper.

Q4. What happens if the Keeper cannot define a steading for a tenement cadastral unit?

If the description of a tenement property in the title deeds is insufficient to enable the Keeper to identify and define the extent of the tenement, the application must be rejected as it does not comply with the conditions of registration.  An application must provide sufficient information for the keeper to create a cadastral unit to represent the tenement.  As a minimum the keeper will require a description of the location of the flat within the tenement and a plan or full bounding description of any common or exclusive areas of ground lying outwith the footprint of the building itself. That may include, for example, a shared back court and an exclusive car parking space. Sometimes that will be set out in the breakaway/foundation deed for the flat and sometimes it will be by reference to a deed of conditions.   For the avoidance of doubt there is no requirement to provide information on areas owned exclusively by other flats within the building. However, if the full extent of the tenement steading is known to the applicant (i.e. all land pertaining to the building including land exclusive to other flats) then this may be submitted with the application.

Q5. The Sasine title description for a flatted property narrates only a verbal description for the location within the tenement. Am I required to provide a plan for the individual flatted property?

Provided the description of the flatted property gives sufficient information to allow the flat location to be accurately identified in relation to the other flats within the tenement, such as floor level, compass direction and flat number, then a plan is not required. The use of unchanging compass directions, for example, northmost, is a well-established conveyancing practice.

Q6. What is the 25 metre rule, and how does this affect new titles?

The 25 metre rule only applies to tenements and other flatted buildings. It applies to those areas of land that extend more than, or are located further than, 25 metres from the tenement or flatted building. Section 16(3) excludes such areas of land from the tenement cadastral unit so a separate cadastral unit and title sheet is required for this area. For example, if a flat within a tenement, for which the Keeper can establish the steading extent from the title deeds, has a pro indiviso share in a drying green, which extends or lies more than 25 metres from the tenement building, the drying green must form a separate cadastral unit from the tenement cadastral unit. As the drying green is owned in common by the other proprietors of the tenement it will be designated a shared plot title sheet.

If the furthest boundary of the drying green is less than 25 metres from the tenement building, it will of course, be included within the extent of the tenement cadastral unit.

Common areas within the cadastral unit for the tenement are pertinents of that unit and, as such, will not be registered separately.

The 25 metre rule does not apply to exclusive pertinents such as garden ground or bin stores that are in the ownership of an individual flat.

Under the transitional provisions in schedule 4, the 25 metre rule does not apply to tenements or flatted buildings where a prior title from the building is recorded in the Sasine Register or registered in the Land Register before the designated day.

Q7. The Sasine title description for a flatted property narrates only verbal descriptions of the exclusive and common pertinents of the flat within the tenement. Am I required to provide a plan for those pertinents?

Provided the verbal description of the pertinent gives sufficient information to allow the pertinent to be uniquely identified in relation to all other similar pertinents within the tenement, then a plan is not required. For example, if there is only one drying green within the tenement, a verbal reference to “the drying green” is sufficient. However, if there are 4 coal cellars within the tenement, a unique description is required; for example, “the eastmost coal cellar of the row of four coal cellars”. The use of unchanging compass directions, for example, northmost, is a well-established conveyancing practice.