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.