Shared Plots and References from Deeds of Conditions

In most cases, both the shared and sharing plot will be affected by the same Deed of Conditions, so the deed will be added to the burdens section of the sharing plot title sheet and can be omitted from the burdens section of the shared plot title sheet. The plans settler will show all the references that relate to the Deed of Conditions on the sharing plot cadastral unit, and there will be no requirement to show any references on the shared plot cadastral unit. For example, if a brown edge is being used to show the extent of the Deed of Conditions, this will only need to be shown on the sharing plot cadastral unit.

However, any specific burdens references affecting the shared plot must also be shown on the shared plot cadastral unit, preferably using the same colour reference as is used on the sharing plot cadastral unit. The entry for the Deed of Conditions in the burdens section of the sharing plot title sheet should then cross refer to the references on both the sharing and the shared plot cadastral units. This may be achieved by editing the entry to cross refer to the references on both the sharing and the shared plot cadastral units:

For example:

'......a servitude right over that part of the Development tinted yellow on the cadastral map and tinted yellow on cadastral unit *MID12345'

or by using a footnote to the entry,

'..... a servitude right over that part of the Development tinted yellow on the cadastral map.......

Note: The said area tinted yellow on the cadastral map has, in so far as affecting shared plot title *MID12345, been tinted yellow on the cadastral map for cadastral unit MID12345'.

(*In both the examples above MID12345 is the shared plot).

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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