Termination/Renunciation of Lease - Example Scenarios


Application to Register a Renunciation or Partial Renunciation of Lease

When considering an application to register a renunciation or partial renunciation of lease, the table below should be referred to as a simple guide. 

No.DeedLandlord's title

Lease title

Take on asComment
1Termination/Renunciation of leaseSasinesSasinesRecord in sasines
  • The application does not induce APR of the plot of land.
  • Recording of the deed is effective until such time as the sasine register is closed to such deeds.
2Termination/Renunciation of leaseSasinesBooks of C&SRegister in Books of C&S (provided Solicitor has requested this)
  • The application does not induce APR of the plot of land.
  • The deed should not be recorded in sasines or registered in the land register. Deed should be passed to Books of Council and Session, provided Agent has submitted C&S form or appropriate letter, if no C&S form or letter submitted the application should be rejected.
3Termination/Renunciation of leaseSasinesLRDW over lease title sheet
  • The application does not induce APR of the plot of land.
  • The deed need only be registered against the lease title sheet.
  • There is no requirement for joint recording of the deed in the sasine register.
  • The deed must narrate the lease title number.
  • The deed should be given effect to by closing the lease title sheet in the LRS; this will also have the effect of closing the lease title sheet in the mapping systems.
  • The appropriate note should be added to the search sheet for the landlord's title.
4Termination/Renunciation of leaseLRSasinesDW over landlord's title sheet
  • The lease is deemed registered as a consequence of the landlord's title to which it relates being registered.
  • The deed need only be registered against the landlord's title sheet.
  • The deed must narrate the landlord's title number.
  • There is no requirement for joint recording of the deed in the sasine register.
  • The deed should be given effect to by removing reference to the lease from the landlord's title sheet.
  • The cadastral map should be amended, if necessary, by removing the plans reference for the lease.
  • The appropriate note should be added to the search sheet for the lease.
5Termination/Renunciation of leaseLRBooks of C&S

DW over landlords title sheet

or



register in Books of C&S only (provided solicitor has requested this)

  • If the lease is for more than 20 years it is deemed registered as a consequence of the landlord's title to which it relates being registered.
  • The deed need only be registered against the landlord's title sheet.
  • The deed must narrate the landlord's title number.
  • There is no requirement for joint recording of the deed in the sasine register.
  • If the lease is referred to in the landlord's title sheet the deed should be given effect to by removing reference thereto.
  • The cadastral map should be amended, if necessary, by removing the plans reference for the lease.
  • If the lease is not referred to in a landlord's title sheet the deed should be passed to Books of Council and Session, provided Agent has submitted C&S form or appropriate letter. If deed cannot be given effect to in the land register and no C&S form or letter submitted the application should be rejected.
6Termination/Renunciation of leaseLRLRDW over lease title sheet
  • The deed need only be registered against the lease title sheet.
  • The deed need only narrate the lease title number.
  • The deed should be given effect to by closing the lease title sheet in the LRS; this will also have the effect of closing the lease title sheet in the mapping systems.
  • The landlord's title sheet should be updated to remove reference to the lease (a TU application should be created on LRS) .
  • The cadastral map should be amended, if necessary, by removing the plans reference for the lease.
7Partial termination/renunciationSasinesSasinesRecord in sasines
  • The application does not induce APR of the plot of land.
  • Recording of the deed is effective until such time as the sasine register is closed to such deeds.
8

Partial termination/Renunciation of lease

SasinesBooks of C&SRegister in Books of C&S only (provided Solicitor has requested this)
  • The application does not induce APR of the plot of land.
  • The deed should not be recorded in sasines or registered in the land register. Deed should be passed to Books of Council and Session, provided Agent has submitted C&S form or appropriate letter, if no C&S form or letter submitted the application should be rejected.
8Partial termination/renunciationSasinesLRDW over lease title sheet
  • The application does not induce APR of the plot of land.
  • The deed need only be registered against the lease title sheet.
  • There is no requirement for joint recording of the deed in the sasine register.
  • The deed must narrate the lease title number.
  • The deed should be given effect to by updating the lease title sheet to reflect the partial renunciation.
  • The extent of the lease subjects on the existing title plan/cadastral map/supplementary data to the title sheet should be amended and the updated plan should be incorporated into the lease title sheet.
9Partial termination/renunciationLRSasinesDW over landlord's title sheet
  • The lease is deemed registered as a consequence of the landlord's title to which it relates being registered.
  • The deed need only be registered against the landlord's title sheet.
  • The deed must narrate the landlord's title number.
  • There is no requirement for joint recording of the deed in the sasine register.
  • The deed should be given effect to by amending the entry for the lease in the landlord's title sheet.
  • The plans reference for the extent of the lease subjects on the landlord's title should be amended and the updated extract of the cadastral map should be incorporated into the landlord's title sheet.
  • The appropriate note should be added to the search sheet for the lease.
10Partial termination/renunciationLRBooks of C&S

DW over landlords title sheet

or





register in Books of C&S only (provided solicitor has requested this)

  • If the lease is for more than 20 years it is deemed registered as a consequence of the landlord's title to which it relates being registered.
  • The deed need only be registered against the landlord's title sheet.
  • The deed must narrate the landlord's title number.
  • There is no requirement for joint recording of the deed in the sasine register.
  • If the lease is referred to in the landlord's title sheet the deed should be given effect to by amending the entry for the lease in the landlord's title sheet.
  • The plans reference for the extent of the lease subjects on the landlord's title should be amended and the updated extract of the cadastral map should be incorporated into the landlord's title sheet.
  • The appropriate note should be added to the search sheet for the lease.
  • If the lease is not referred to in a landlord's title sheet the deed should be passed to Books of Council and Session, provided Agent has submitted C&S form or appropriate letter. If deed cannot be given effect to in the land register and no C&S form or letter submitted the application should be rejected.
11Partial termination/renunciationLRLRDW over lease title sheet
  • The deed need only be registered against the lease title sheet.
  • The deed need only narrate the lease title number.
  • The deed should be given effect to by updating the lease title sheet to reflect the partial renunciation.
  • The landlord's title sheet should be updated by amending the entry for the lease on the landlord's title sheet (a TU application should be created on LRS).
  • The reference for the extent of the lease subjects on the landlord's title should be amended and the updated extract of the cadastral map should be incorporated into the landlord's title sheet.
  • The reference for the extent of the lease subjects shown on the Title Plan/cadastral map/supplementary data to the title sheet for the lease title sheet should be amended and the updated plan should be incorporated into the lease title sheet.

The above guidance also applies to a renunciation of a sub-lease. However, consideration must be given to updating title sheet or search sheet relating to the mid landlord's interest.



Registers of Scotland (RoS) seeks to ensure that the information published in the 2012 Act Registration Manual is up to date and accurate but it may be amended from time to time.
The Manual is an internal document intended for RoS staff only. The information in the Manual does not constitute legal or professional advice and RoS cannot accept any liability for actions arising from its use.
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