The guidance for how to deal with:
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There are two questions in the application for registration form, the burdens question and the servitudes question, where the applicant is asked to disclose any burdens/encumbrances affecting the property and any servitude rights benefitting the property - the information provided in the answers to these questions helps establish which conditions to include in the title sheet.
The Keeper will not look for additional deeds that may affect; the only exceptions to this rule are (i) when the property being registered is an FR or FA that falls within a research area (RA), and (ii) when the property being registered is a TP. In both of these instances, the Keeper will also include in the title sheet any burdens from deeds that have previously been established as affecting the RA or the parent title, respectively.
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Mappable and un-mappable conditions
Dual Registration
Examples of the types of conditions commonly plotted onto the cadastral map:
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No plans reference will be provided for an ancillary right. In addition, the Keeper's policy on building lines under the 2012 Act has changed. These lists are not exhaustive; if you are unsure if a condition should be shown on the cadastral map or included in a title sheet, refer to a referral officer.
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See Further Guidance page Partial Reference Shown on Deed Plan for the Keeper's policy on partial or incomplete references.
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Section 10(3) of the 2012 Act states that the Keeper may incorporate by reference in a title sheet -
(a) a document in the archive record, or
(b) a deed in any other register under the management and control of the Keeper or of the Keeper of the Records of Scotland.
In practice, this option is used only rarely as in most cases it is preferable to include the content of the deed directly in the title sheet or referenced on the cadastral map. Any decision to incorporate a deed or part of a deed (for example a plan or diagram) that is not in one of the agreed scenarios listed below must be made by a Senior Advisor. If you think that your application would benefit from using incorporation by reference because a deed refers to an unusual plan or diagram that cannot easily be mapped from, please discuss with your referral officer in the first instance.
Remember, incorporation by reference is not to be used simply to avoid having to plot large or complex plans references, particularly those references needed to define ownership. |
There are two main scenarios where a policy decision has been made that incorporation by reference will be used in all instances:
Other scenarios a plans officer may encounter where the use of incorporation by reference has been agreed are:
If you are mapping an application and it is been agreed that it is appropriate to incorporate a deed or part of a deed, the plans officer must add a note to the legal officer on the LRS explaining the situation, for example:
When a servitude is being shown on the cadastral map, it is not acceptable to map the extent of the burdened subjects solely from a postal address or plot number provided in the application. Such a description does not provide sufficient information to allow the extent of the specific area of ground affected by the servitude to be shown on the cadastral map. It is, however, acceptable to use a title number or cadastral unit number to describe the burdened property. This is because the Keeper holds a specific extent for a title number or cadastral unit and this is shown on the cadastral map. |
If a servitude or right of way granted and shown on a plan annexed to a prior recorded deed is found to run through a solid feature or structure, such as a garage or a property extension such as a conservatory, the plan officer should reflect the full extent of the servitude as granted in the deed. There is no requirement for the plans officer to contact the agent, and this is also not a reason for rejection.
The plans officer should add a note to the Title Notes & Instructions on the LRS advising the legal officer that part of the servitude granted in the deed does not appear to be exercisable.
It is the legal officer's role to consider if the the relevant legal requirements have been met to allow the servitude to be disclosed in the title sheet - see Servitudes.