Deed-Burden Rules

Owned by RPT Admin (Unlicensed)
Dec 20, 2019
7 min read
Table of Contents

INTRODUCTION

This document contains notes on rules affecting Deeds and Burdens on different operations like Assignment, Deletion, Cloning, Merging and Editing, and their relationships to Research Areas (RA) or Titles (TTL).


Fundamental Rules

These are the general rules for Deeds and Burdens:

  • A deed must have one or more burden versions, i.e. the last version cannot be deleted - see Deed Removal below 
  • A deed can be assigned to 0 or more TTLs or RAs, but each deed can only be assigned once to each TTL or RA.
  • If a TTL has a deed assigned to it, it must also have one (and only one) burden version from the deed assigned to it.
  • If an RA has a deed assigned to it, it must also have one or more burden versions from the deed assigned to it, but each burden version can only be assigned once.
  • A burden version can be owned by one of the TTLs or RAs to which it is assigned, but not by any other TTL/RA to which it is NOT assigned. Note that if the burden is unassigned from the owning RA or TTL the burden will become ownerless, but there may still be other RAs/TTLs assigned to the burden.
  • During burden editing, the owning RA or TTL will be clearly displayed or blank if there is no owner. Any assigned RAs or TTLs will also be clearly visible.
  • The burden text can only be edited from the owning RA/TTL (version). Editing of owned burden text can also be done by the BRDSPAM special permission [BURDEN_AMEND], but only if the burden version to be edited is not owned by an RA or DF (draft) Title version. Unowned burden text can only be edited using this permission, however once an unowned is assigned it becomes owned and the normal rules apply.
  • All deed details, burden version element note and TTL/RA (assignment) comments can be edited under normal Deed/Burden amend permissions.

Deed Assigning (Add)

Assigning a deed creates an assignment record between the RA/TTL and the deed in the database.

The following rules apply when assigning deeds to RA or TTL.

  • A deed can be assigned to a RA/TTL only if ALL of the following conditions are satisfied:
    1. The deed is not already assigned to the RA/TTL.
  • On assignment following takes place:
    1. A deed assignment record is created in the database linking the deed with the RA/TTL.
    2. A burden assignment record is created in the database linking the burden version, as chosen by the user, with the RA/TTL.
    3. If the assignment of an (existing) unowned/unused deed is to a RA then that RA as well as becoming the owner will also become the source file for that deed.
    This may change the burden ownership - see Burden Assignment below. 

Deed Unassigning (Delete)

Unassigning a deed deletes the assignment record between the RA/TTL and the deed from the database.

Note that unassigning (from the Delete buttons on the RA and TTL workdesks) does not delete the deed record from the database - it merely removes assignment details from the database.

The following rules apply when unassigning deeds from RA or TTL.

  • A deed can be unassigned from a RA/TTL only if ALL of the following conditions are satisfied: 
    1. The deed is already assigned to the RA/TTL.

On unassignment following takes place:

  1. The deed assignment record linking the deed with the RA/TTL is removed from the database.
  2. Any burden assignment records linking any burden version with the RA/TTL are removed.
  3. In regards to unassigning (Deleting) a deed via a RA that is the source file for that deed, then the next lowest RA that uses that deed will become the source file for that deed.

Note that if a burden version associated with the deed being deleted is also owned by the source RA/TTL version then the burden will become ownerless, but there may still be other RAs/TTLs assigned to the burden. Users may then use the RA Swap functionality if appropriate. This may reset the burden ownership - see Burden Unassignment below. 

Burden Assignment

Assigning a burden creates an assignment record between the RA/TTL and the burden version in the database.

The following rules apply when assigning burdens within a deed to RA or TTL.

  • A burden can be assigned to a RA/TTL only if ALL of the following conditions are satisfied:
    1. The burden can be assigned to a RA/TTL.
    2. Only one burden can be assigned at a time to an TTL, more than one burden version can be assigned to a RA.

On assignment following takes place:

  1. A burden assignment record is created in the database linking the burden with the RA/TTL.
  2. If there was no owner for the burden then current RA/TTL becomes the owner and an owner record is created for the burden.
  3. If a burden is assigned to a current TTL which already had an assigned burden, then the previous assignment record is removed.
  4. If a burden is assigned to a current RA which already had an assigned burden, then the previous assignment record is retained, unless removed by the User.

This may reset the burden ownership - see Burden Unassignment below. 

Burden Unassignment

Unassigning a burden deletes the assignment record between the RA/TTL and the burden version from the database, not the burden itself.

  • A burden can be unassigned from an RA/TTL only if ALL the following conditions are satisfied:
    1. The assignment of this burden version will not result in no versions being assigned to the RA or TTL. In such cases the deed needs to be unassigned - see Deed Unassigning (Delete) above. 

On unassignment the following takes place:

  1. The assignment record, linking RA/TTL to the burden, is deleted from the database.
  2. If the current RA/TTL was the owner of the burden then owner information is cleared.

Note that there is no automatic change of burden ownership to another TTL/RA which is assigned to the burden.

Burden Deletion

Following rules apply when deleting burdens from deeds.

While deleting the burden, its association with the deed is removed and the burden and associated text no longer exists.

  • A burden can be deleted from a deed only if ALL of the following conditions are satisfied:
    1. Burden is either owned by the current RA/TTL or it has no owner.
    2. There should not be any other RA/TTLs assigned to the burden version except the current RA/TTL.
    3. It should not be the only burden for the deed, i.e. the last burden cannot be deleted.
  • On deletion following takes place:
    1. The burden version (and text) is removed from the database.
    2. If the deleted burden was assigned to the current RA/TTL then the last burden in the list is assigned in its place unless the User has assigned another version. This may change the burden ownership of the newly assigned burden - see Burden Assignment above. 

Burden Cloning

The following rules apply while cloning a burden. When cloning, a new burden version is created having all the properties and burden text exactly the same as the version being cloned. Also a new burden record is created in the database. The instruction should not be copied.

  • A burden can be cloned only if ALL of the following conditions are satisfied:
    1. There is a current RA/TTL i.e. you can only clone burdens for a RA/TTL.
    Note: standalone cloning from the Amend screen off the deed search screen, is only allowed if the User has the BRDSPAM special permission [BURDEN_AMEND].
  • On Cloning the following takes place:
    1. A new burden record is created in the database.
    2. The properties (element note and burden text) of the burden used for cloning are copied to the new burden.
    3. The new cloned burden is assigned the next highest number as burden version.
    4. a) If cloning for a TTL, then the new burden becomes assigned to the TTL and the previously assigned burden is unassigned.

      Note that this may reset the burden ownership of the originally assigned burden - see Burden Unassignment above. 

      or

      b) If cloning for an RA, then the new burden becomes assigned to the RA. The previously assigned burdens are left assigned.

    5. The ownership of the new burden is set to the current TTL/RA.
    6. The TTL/RA comment and legal instruction are set to default (blank etc.)

Burden Editing

The following rules apply when editing a burden. While editing, the properties (element note and/or burden text) are changed in the database.

  • The burden element note can be edited if the user has normal deed amend permissions.
  • The burden text can be edited only if ALL of the following conditions are satisfied:
    1. The Deed is opened in amend mode.


    2. a) The current RA/TTL is the owner of the (burden) text.

      or

      b) The user has the special BRDSPAM permission [BURDEN_AMEND], but only if the burden version to be edited is not owned by a RA or DF (draft) Title version.

On Editing following takes place:

  1. Any or all of the properties of the burden are changed.

Note that any such change to the burden takes affect for all the TTL/RA assigned to that burden.

Deed Removal

Deed removal results in the deed record and the records for its burden versions being removed from the database.

  • Deed removal can only take place if:
    1. The deed is not used in any RA or TTL other than the current one.
  • On deed removal, the deed is unassigned from the current RA/TTL, and the deed/burden records removed from the database.

Deed Merging

Deed Merging can only take place for deeds with the same date.

On Deed Merge, the following takes place:

  1. The higher deed is deleted from the system.
  2. All records holding deed assignment details for the deed being deleted are updated with the details for the deed into which the merge is taking place.
  3. The user selected fields are added to the merged deed with the element note field from both being concatenated to form a single element note against the merged deed.
  4. The merged deed will be also be updated to common=Y if not already so flagged


Burden Merging

  • Burden merging can only take place if the following conditions are met:
    1. Their text is identical. This excludes formatting, such as double spacing and carriage returns.
    2. The current user has appropriate permissions.
    3. The Deed/Burden as displayed on the screen is not dirty - i.e. any changes have been saved to the database.

On burden merge, the following takes place:

  1. The higher burden version is deleted from the system.
  2. All records holding assignment details for the burden version being deleted are updated with the details for the burden into which the merge is taking place.
  3. The ownership details of the remaining version are not affected. If there was no ownership, this will remain the case.
  4. During merging the legal Instruction of the merged into (lower) version is retained, with the merged from (higher) version instruction being discarded.
  5. The Element Notes from the 2 (or more) versions will be concatenated in version number order (lowest to highest).


Note there may be one or more sets of two or more identical burdens.




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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