The Scottish Government are anxious to ensure that all Scottish property is mapped on the Land Register as soon as possible. Mapping requirements are at the heart of the 2012 legislation. A cadastral map: a single unified map of all registered property in Scotland based on the ordinance survey map is being prepared. However, accurate plotting is not always straight forward. Old Title Deeds often have inadequate plans and for some the written description makes it difficult to plot the subjects described against physical features which appear on the ground.
Plans and mapping always presented challenges for registration. However in terms of the previous legislation the Keeper had some discretion in how she plotted subjects on to the Land Register map. The 2012 Act removed the Keeper's "midas touch" and now agents acting for purchasers have the obligation of ensuring that Deeds submitted for registration are sufficient to allow the Keeper to accurately map the area described, failing which applications will be rejected.
There are two key requirements under the 2012 Act in respect of cadastral mapping:
(1) the Deed submitted must enable the Keeper to plot the subjects on the cadastral map; and
(2) the property extent to be registered must not overlap with an existing registered Title. The best way to ensure this does not happen is to make use of the plans reporting system. Overlap on the register is a more common problem than you might imagine and early detection of any issues is the key to ensuring that transactions progress. If an overlap is disclosed then any Deed submitted would not be acceptable for registration. Faced with an overlap, the usual courses of action available to meet the requirements of the 2012 legislation are either:
- to prepare a fresh Deed plan excluded in the area of overlap
- or to seek to have the area of the neighbouring Title rectified to remove the area of overlap
As a result of the Keeper historically registering occupational extent of subjects rather than the registered title for subjects it has become apparent that this has left areas where parties (unbeknown to themselves) have unrecorded/unregistered Titles for small strips of land. The Keeper's policy at present is that once an 'under lap' is established the onus is on the agent presenting any Deed for registration to have made contact with the unregistered proprietor. In some circumstances this is a challenge.
Plotting plans on historic developments particularly those for old Local Authority estate Titles or where there have been a variety of right to buy properties included, can be problematic. Early engagement in relation to plot sales can save heartache as proposed settlement dates approach.
If you would like more information or advice on plans and mapping requirements, please contact our property department.
