Part 1The Land Register
Tenements etc.
I116Tenements and other flatted buildings
1
Where the Keeper considers it appropriate in relation to a flatted building to do so, the Keeper may, instead of representing each registered flat in the building as a separate cadastral unit, represent the building and all the registered flats in it as a single cadastral unit.
2
Where a flatted building and the registered flats in it are represented as a single cadastral unit—
a
the cadastral map must show, for that cadastral unit, the title numbers of each registered flat, and
b
the respective pro indiviso shares in the pertinents of the registered flats need not be entered in the proprietorship section of the title sheet of any of those flats.
3
But subsections (1) and (2) do not apply in relation to land pertaining to the flatted building which—
a
extends more than 25 metres from the building in so far as it so extends, or
b
is further than 25 metres from the building (measuring along a horizontal plane from whatever point of that building is nearest to the land).
4
In this Act a “flatted building” means—
a
a tenement, or
b
any other subdivided building.
5
A “subdivided building”—
a
means a building or part of a building, not being a tenement, which comprises two or more related flats, at least two of which—
i
are, or are designed to be, in separate ownership, and
ii
are divided from each other vertically, and
b
includes the solum and any other land pertaining to the building or part of the building.
6
In determining whether flats comprised in a subdivided building are related, the Keeper must have regard, among other things, to—
a
the title to the building, and
b
any real burdens.
7
In subsection (6), “title to the building” means—
a
any conveyance, or reservation, of property which affects the subdivided building, any flat in the building or any pertinent of the building or of any such flat, and
b
the relevant title sheet of the building, any flat in it or any pertinent of the building or of any such flat.
8
Expressions used in this section and in sections 26 and 29 of the Tenements (Scotland) Act 2004 (asp 11) have the meanings given in that Act.