New dispositions which are being submitted for First Registration will sometimes create new real burdens. Real burdens are restrictions on what the owner is allowed to do with the property. The creation of real burdens is governed by the Title Conditions (Scotland) Act 2003. Within RoS, this is often abbreviated to TCA.
Always use the TCA1 case characteristic, as the TCA2 characteristic can only be applied after the case has been examined by an HEO.
How will I recognise TCA1 casework?
Always:
- Check the CMS. APF-1 will have two application forms:
- A First Registration application form for land registration
- A Sasine application form
- Both forms will be for the same deed.
Usually:
- The disposition will include a schedule which is divided into multiple parts. The headings or introductory paragraph for the multiple parts will include phrases such as:
- Real Burdens affecting the retained property.
- Real burdens affecting rh conveyed property.
- The following real burdens are imposed on the retained property in favour of the conveyed property.
- The following real burdens are imposed on the conveyed property in favour of the retained property.
Also:
- If any burdens deeds have a recording or registration date after 28 November 2004, please tick the TCA 1 characteristic. This will ensure that all TCA casework is routed to an HEO for review, even if TCA1 does not apply.
What else do I need to know?
If your application looks like a TCA application (APF + SAF for the same deed) but there is no schedule, read the deed carefully, looking out for the following phrases:
- The following real burdens are imposed on the retained property in favour of the conveyed property.
- The following real burdens are imposed on the conveyed property in favour of the retained property.
If the deed includes these phrases (or anything similar to these phrases) then the TCA characteristic applies.
