Title Plans

Clients often wonder why a new Title Deed plan is required when they come to buy or sell property or land.

The introduction of the new land registration system in Scotland has resulted in properties being registered in both the older “Register of Sasines” and the new “Land Register of Scotland”. The newer Land Register of Scotland is a mapped based system which has increased the need to use appropriate plans within Title Deeds.

Whilst many older Title Deeds do feature plans, some are not of sufficient detail to allow them to be used for the registration in the new Land Register. Also, in cases where an area of ground is being sold off from a larger property, the existing plan will show that larger area and a new plan will be required to show the smaller area being sold off. Plans can also be a useful way to clarify previous descriptions of properties which are too vague to be relied on.

Registers of Scotland have laid down some criteria for the preparation of plans, which include:

• A scale must be shown and a drawn or bar scale is preferred.
• A magnetic north must be shown.
• The scales used in plans should be suitable for the type of property – different scales will be used where the property is located in an urban street as opposed properties situated in a rural area.
• The plan must show sufficient surrounding detail to allow the property to be accurately identified.
• The property must be highlighted clearly on the plan i.e. shaded or outlined.
• If the plan shows any shared areas then these must be shown in accordance with the text within the relevant Title Deed.

Of course, if a new plan is required, Macleod & MacCallum are able to instruct the preparation of an appropriate plan on your behalf which will meet these requirements.
 

Disclaimer: The information in this publication is based on our current understanding of the law. It has been produced for information purposes only. Professional advice should always be sought before taking any action.

Macleod & MacCallum cannot take any responsibility for loss incurred through acting or failing to act on the basis of anything contained in this publication.