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General

There will be occasions when the applicant wishes to register only part of the area described in historical title deeds. There are various ways in which this can be achieved that are acceptable for registration, as well as other ways which are not acceptable for registration and will result in rejection of an application.

The most common methods of referring to an excepted area in an application have been shown in the tables, below. If you are unsure about a particular style used in a DIR, speak to your referral officer in the first instance. The Plans Senior Advisors can provide additional guidance if required for unusual styles, or for references to recorded deeds in registers other than the Sasine Register.


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Property Section Information - guidance for legal settlers

Tenements under exception

Deed plan must be acceptable

Bounding description must be acceptable




Info

Where the DIR describes the exception from the property in two ways, one of which is acceptable for registration and one of which is unacceptable, please do not automatically reject on the basis of the unacceptable description. Instead, speak with a referral officer as it may be possible to proceed with registration based on only the acceptable description.




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titleDIR describes the property to be registered as those subjects described in a recorded deed...


DIR describes the property to be registered as those subjects described in a recorded deed...Acceptable for registration?Action for plans settler to take
...under exception of the area(s) described in a historic deedYesMap the property on the mapping tool, taking into account the exception referred to in the DIR. If the extent creates a competition in title with an existing registered title, then the current application should be referred for rejection.
...under exception of the area(s) shown on a plan annexed to the DIRYesMap the property on the mapping tool, taking into account the exception referred to in the DIR. If the extent creates a competition in title with an existing registered title, then the current application should be referred for rejection.
...under exception of the area(s) shown with a particular plans reference in another registered title (for example, the area tinted blue on the cadastral map for MIDxxx)YesMap the property on the mapping tool, taking into account the exception referred to in the DIR. If the extent creates a competition in title with an existing registered title, then the current application should be referred for rejection.
...under exception of any part of the subjects already registered under another registered title (for example, any part of the subjects already registered under MIDxxx)YesMap the property on the mapping tool, taking into account the exception referred to in the DIR. If the extent creates a competition in title with an existing registered title, then the current application should be referred for rejection.
...under exception of the area(s) shown with a particular plans reference in a plans report (for example, the area tinted blue on plans report 6103456MID)NoThe DIR describes the property to be registered using an un-acceptable reference to a plans report. The application should be referred for rejection.
...under exception of the area(s) shown on a new plan that is not annexed to the DIR (a certified plan)NoThe DIR describes the property to be registered using an un-acceptable reference to a plan that is not annexed to the DIR. The application should be referred for rejection.
...no exception is described in the DIR, however a covering letter and new plan has been supplied stating that an area shown on the new plan is to be exceptedNoUsing a covering letter to define an exception is un-acceptable for registration purposes. Map the property on the mapping tool based on the extent defined/described in the DIR, but do not take into account the exception referred to in the covering letter. If the extent creates a competition in title with an existing registered title, then the current application should be referred for rejection.
...no exception is described in the DIR, however a covering letter has been supplied stating that an area shown in a plans report is to be exceptedNoUsing a covering letter to define an exception is un-acceptable for registration purposes. Map the property on the mapping tool based on the extent defined/described in the DIR, but do not take into account the exception referred to in the covering letter. If the extent creates a competition in title with an existing registered title, then the current application should be referred for rejection.
...no exception is described in the DIR, however a covering letter has been supplied stating that any part of the subjects already registered under another registered title is to be exceptedNoUsing a covering letter to define an exception is un-acceptable for registration purposes. Map the property on the mapping tool based on the extent defined/described in the DIR, but do not take into account the exception referred to in the covering letter. If the extent creates a competition in title with an existing registered title, then the current application should be referred for rejection.
...no exception is described in the DIR, however information has been added to the application form stating that an area shown on a new plan (not annexed to the DIR) is to be exceptedNoUsing the application form to define an exception is un-acceptable for registration purposes. Map the property on the mapping tool based on the extent defined/described in the DIR, but do not take into account the exception referred to in the application form. If the extent creates a competition in title with an existing registered title, then the current application should be referred for rejection.
...no exception is described in the DIR, however information has been added to the application form stating that an area shown in a plans report is to be exceptedNoUsing the application form to define an exception is un-acceptable for registration purposes. Map the property on the mapping tool based on the extent defined/described in the DIR, but do not take into account the exception referred to in the application form. If the extent creates a competition in title with an existing registered title, then the current application should be referred for rejection.
...no exception is described in the DIR, however information has been added to the application form stating that any part of the subjects already registered under another registered title is to be exceptedNoUsing the application form to define an exception is un-acceptable for registration purposes. Map the property on the mapping tool based on the extent defined/described in the DIR, but do not take into account the exception referred to in the application form. If the extent creates a competition in title with an existing registered title, then the current application should be referred for rejection.




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titleDIR describes the property to be registered as those subjects show on a plan annexed to the DIR ...


DIR describes subjects to be registered as those shown on a plan annexed to the DIR...Acceptable for registration?Action for plans settler to take
...under exception of the area(s) described in a historic deedYesMap the property on the mapping tool, taking into account the exception referred to in the DIR. If the extent creates a competition in title with an existing registered title, then the current application should be referred for rejection.
...under exception of the area(s) shown on a plan annexed to the DIRYesMap the property on the mapping tool, taking into account the exception referred to in the DIR. If the extent creates a competition in title with an existing registered title, then the current application should be referred for rejection.
...under exception of the area(s) shown with a particular plans reference in another registered title (for example, the area tinted blue on the cadastral map for MIDxxx)YesMap the property on the mapping tool, taking into account the exception referred to in the DIR. If the extent creates a competition in title with an existing registered title, then the current application should be referred for rejection.
...under exception of any part of the subjects already registered under another registered title (for example, any part of the subjects already registered under MIDxxx)YesMap the property on the mapping tool, taking into account the exception referred to in the DIR. If the extent creates a competition in title with an existing registered title, then the current application should be referred for rejection.
...in so far as they form part of (parent title) GLAxxxYesMap the property on the mapping tool, taking into account the limitation referred to in the DIR. If the extent creates a competition in title with an existing registered title, then the current application should be referred for rejection.
...under exception of the area(s) shown with a particular plans reference in a plans report (for example, the area tinted blue on plans report 6103456MID)NoThe DIR describes the property to be registered using an un-acceptable reference to a plans report. The application should be referred for rejection.
...under exception of the area(s) shown on a new plan that is not annexed to the DIR (a certified plan)NoThe DIR describes the property to be registered using an un-acceptable reference to a plan that is not annexed to the DIR. The application should be referred for rejection.
...no exception is described in the DIR, however a covering letter and new plan has been supplied stating that an area shown on the new plan is to be exceptedNoUsing a covering letter to define an exception is un-acceptable for registration purposes. Map the property on the mapping tool based on the extent defined/described in the DIR, but do not take into account the exception referred to in the covering letter. If the extent creates a competition in title with an existing registered title, then the current application should be referred for rejection.
...no exception is described in the DIR, however a covering letter has been supplied stating that an area shown in a plans report is to be exceptedNoUsing a covering letter to define an exception is un-acceptable for registration purposes. Map the property on the mapping tool based on the extent defined/described in the DIR, but do not take into account the exception referred to in the covering letter. If the extent creates a competition in title with an existing registered title, then the current application should be referred for rejection.
...no exception is described in the DIR, however a covering letter has been supplied stating that any part of the subjects already registered under another registered title is to be exceptedNoUsing a covering letter to define an exception is un-acceptable for registration purposes. Map the property on the mapping tool based on the extent defined/described in the DIR, but do not take into account the exception referred to in the covering letter. If the extent creates a competition in title with an existing registered title, then the current application should be referred for rejection.
...no exception or limitation is described in the DIR, however a covering letter has been supplied stating that only the part of the subjects that form part of a registered (parent) title is to be registeredNoUsing a covering letter to define an exception or limitation is un-acceptable for registration purposes. Map the property on the mapping tool based on the extent defined/described in the DIR, but do not take into account the exception referred to in the covering letter. If the extent creates a competition in title with an existing registered title, then the current application should be referred for rejection.
...no exception is described in the DIR, however information has been added to the application form stating that an area shown on a new plan (not annexed to the DIR) is to be exceptedNoUsing the application form to define an exception is un-acceptable for registration purposes. Map the property on the mapping tool based on the extent defined/described in the DIR, but do not take into account the exception referred to in the application form. If the extent creates a competition in title with an existing registered title, then the current application should be referred for rejection.
...no exception is described in the DIR, however information has been added to the application form stating that an area shown in a plans report is to be exceptedNoUsing the application form to define an exception is un-acceptable for registration purposes. Map the property on the mapping tool based on the extent defined/described in the DIR, but do not take into account the exception referred to in the application form. If the extent creates a competition in title with an existing registered title, then the current application should be referred for rejection.
...no exception is described in the DIR, however information has been added to the application form stating that any part of the subjects already registered under another registered title is to be exceptedNoUsing the application form to define an exception is un-acceptable for registration purposes. Map the property on the mapping tool based on the extent defined/described in the DIR, but do not take into account the exception referred to in the application form. If the extent creates a competition in title with an existing registered title, then the current application should be referred for rejection.
...no exception or limitation is described in the DIR, however information has been added to the application form stating that only the part of the subjects that form part of a registered (parent) title is to be registeredNoUsing the application form to define an exception or limitation is un-acceptable for registration purposes. Map the property on the mapping tool based on the extent defined/described in the DIR, but do not take into account the exception referred to in the application form. If the extent creates a competition in title with an existing registered title, then the current application should be referred for rejection.





Info

Remember, the exception needs to be described in the DIR, not just in the application form or a covering letter - see the scenarios in the tables, above, for the action to take if the exception is not described in the DIR.