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Land Registration etc. (Scotland) Act 2012

The cadastral map

Section 11: The cadastral map

52.This section provides detail on the content of the cadastral map. The cadastral map is a map of registered land rights in Scotland, showing, in particular, cadastral units (see section 12).

53.Subsection (1) of section 11 provides that the entry on the cadastral map for a cadastral unit is a data set that will show the boundaries of the cadastral unit. The description of the property as set out in the property section of the title sheet will make reference to the cadastral unit number.

54.Subsection (3) permits, but does not compel, three-dimensional mapping.

55.Subsections (5) and (6) make provision for the base map, on which the cadastral map is to be based. The default base map is to be the Ordnance Map maintained by the Ordnance Survey. The Keeper may use a different system of mapping as the base map if the Keeper considers that appropriate. The base map may be a combination of the Ordnance Map and such a different system.

56.Subsection (7) allows the Keeper to make consequential changes to the Land Register when the base map is updated. In practice, this means that where the Ordnance Map is improved, the boundaries of cadastral units can be adjusted as long as the adjustment falls within the Ordnance Survey mapping specifications for the base map.

57.Subsection (9) is a marker to note that there is an exception to the general rules on mapping in the cadastral map in section 16 for tenements and other flatted buildings.

Section 12: Cadastral units

58.This section provides that each numbered cadastral unit represents a registered plot of land.

59.Subsection (3) provides for an exception that a pertinent can be included in the same cadastral unit as the land to which it pertains.

60.The consequence of subsection (2) is that entries on the cadastral map, other than entries for separate tenements, and in transitional cases, cannot overlap.

Section 13: The cadastral map: further provision

61.Section 13(1) recognises that it is possible for plots of land to lie outwith the base map. For example, at present, the Ordnance Map does not extend to the seabed. This section allows the Keeper to map titles, such as seabed titles (which may be long leases for renewable energy projects), as the Keeper thinks fit. In practice, this section will allow seabed titles to be represented on the cadastral map by, for example, a dataset of co-ordinates.

62.Subsections (2) to (4) contain important powers for the Keeper to manage the cadastral map by dividing, removing and combining cadastral units. On doing so, the Keeper would be required by the combination of sections 3 and 12 to rationalise the title sheets that correspond to the cadastral units, and subject to transitional arrangements.

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Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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