Proprietorship Section Entries

Table of Contents

Useful Links

Designations

Destinations

Names and Changes of Name in the Proprietorship and Securities Sections

Insolvency - Personal and Corporate

Shared and Sharing Plots

Shared and Sharing Plots Guidance

Voluntary Registration

Warranty

General

In terms of section 7 of the Land Registration etc. (Scotland) Act 2012, the Keeper must enter in the proprietorship section of the title sheet:

the name and designation of the proprietor, see Names and Changes of Name in the Proprietorship and Securities Sections and Designations
in the case of common ownership the respective shares of the proprietor, see Common and Joint Ownership in the Proprietorship Section below.

In terms of section 10 of the Act, there is additional information that the Keeper must enter in the title sheet and some of this will fall to be entered in the proprietorship section, which would include:

matters relating to warranty, see Warranty:
particulars of any special destination, see Destinations
reference to an entry in the Register of Inhibitions that might affect the validity of a deed being registered, see Insolvency - Personal and Corporate
such other information as the Keeper considers appropriate (this will include the date of registration and consideration in terms of regulation 12(2) of the Rules), see below.

The Keeper's policy is that a caveat will always be noted in the property section of the title sheet.

In rare cases, in addition to these requirements, a senior caseworker may authorise entries in the proprietorship section for:

a statement under section 30(5) that the name or designation of the proprietor is not known or, as the case may be, is not known with reasonable certainty by the Keeper (but only in a title sheet being constituted under automatic plot registration or a Keeper-induced registration).
On occasion, an alteration may be made to the proprietorship section when the registrable deed relates to another section of the title sheet. For example, a standard security by a new proprietor who has not completed their title by registration of a notice of title may be registered and an update to the proprietorship section is also appropriate to explain the entry for the standard security in the securities section - see Names and Changes of Name in the Proprietorship and Securities Sections.

Example Proprietorship Section Entries

Proprietorship section entries:

If title is held by a nominee on behalf of a third party beneficiary see Nominee Companies under Designations.
If the registrable deed is a notice of title, see Notice of Title - Example Deeds for how the proprietorship section should look. If you are dealing with an application for voluntary registration, see Voluntary Registration.
If the registrable deed is a sale in terms of the Housing (Scotland) Act 1987 and it is not accompanied by a standard security for the discount, see the guidance at Discount Standard Securities.

Disposition - individuals

Contents of deed:

name and address of the proprietor(s)

consideration (monetary or otherwise)

where there is common ownership (and the rights of more than than one proprietor have been registered), details of the respective shares of each registered proprietor

any special destination e.g. a survivorship destination

the date of entry

If the disposition (otherwise than to persons in a trust capacity) is in favour of more than one person and does not state that they hold the property conveyed "equally between them" or in specified pro indiviso shares, see Common and Joint Ownership in the Proprietorship Section.

For information on special destinations, see Destinations

Example disposition

We, JAMES WILLIAM ANDERSON and MRS KATHERINE ANDERSON, Spouses, both residing at Fifteen Strathpeffer Crescent, Airdrie heritable proprietors of the subjects and others hereinafter disponed IN CONSIDERATION of the sum of ONE HUNDRED THOUSAND POUNDS STERLING (£100,000) paid to us by JOHN BROWN, THOMAS JONES and JAMES IAIN SMITH all residing at Seven Brittany Gardens, Labrador Road, North Kensington, London, W14 9SB of which sum we hereby acknowledge receipt and discharge them and HAVE SOLD and DO HEREBY DISPONE to and in favour of the said John Brown, Thomas Jones and James Iain Smith equally between them and to the survivor of them heritably and irredeemably ALL and WHOLE those subjects known as and forming Fifteen Strathpeffer Crescent, Airdrie, Lanarkshire, being the subjects registered in the Land Register of Scotland under Title Number LANxxxxx, with ENTRY and VACANT POSSESSION as at 25 November 2014 And...

Resulting proprietorship section

Resulting proprietorship section

Entry No.

Proprietor

Date of Registration

Consideration

1

JOHN BROWN, THOMAS JONES and JAMES IAIN SMITH all 7 Brittany Gardens, Labrador Road, North Kensington, London, W14 9SB equally between them and the survivor of them

22 Dec 2014

£100,000

Date of Entry 25 Nov 2014

Disposition - company

Contents of deed:

company name, legal system, company number and address
consideration (monetary or otherwise)
the date of entry

Example disposition

We, KC EDINBURGH, a limited partnership incorporated in Denmark (Registration No. 23 25 71 32) and having our registered office at c/o heritable proprietors of the subjects and others hereinafter disponed IN CONSIDERATION of the sum of TWENTY ONE MILLION TWO HUNDRED THOUSAND POUNDS STERLING (£21,200,000) plus Value Added Tax paid to us by PG ASSETS LIMITED incorporated under the Companies Acts (Registered Number: 02837951) and having their registered office at 16 Prince Albert Road, London, EC4 4BB of which sum we hereby acknowledge receipt and discharge them and HAVE SOLD and DO HEREBY DISPONE to and in favour of the said PG Assets Limited and to their successors and assignees whomsoever heritably and irredeemably ALL and WHOLE those 2.8 Hectares of ground on north side of London Road, Edinburgh, EH8 7UA registered in the Land Register of Scotland under Title Number MIDxxxx; with ENTRY and VACANT POSSESSION as at 8 December 2014 And...

Resulting proprietorship section

Entry No.

Proprietor

Date of Registration

Consideration

1

PG ASSETS LIMITED incorporated under the Companies Acts (Registered Number: 02837951) registered office at 16 Prince Albert Road, London, EC4 4BB

22 Dec 2014

£21,200,000 plus VAT

Date of Entry

8 Dec 2014

Addition of Land to Title

Section 13(2)(a) of the 2012 Act gives the Keeper authority to combine cadastral units, e.g. on the acquisition of additional land. The following guidance is on the format of the proprietorship section; the property section will be amended by the plans officer who will map the subjects by the most convenient method, but the verbal description in the property section will describe the subjects as a whole unit.

The "date of first registration" noted in the property section will be the earliest date of registration of a part of the title. No further dates should be added when further areas are registered.

Acceptance of application

When adding subjects to an existing cadastral unit it is important to check that the proprietor holds title in the same capacity. For example if the existing title is held by A and B but the additional ground is only being acquired by A, then the cadastral units should not be combined. Similarly, where title is held under different destinations the cadastral units should not be combined.

Proprietorship section on registration of the initial plot of land

eave blank

Entry No.	Proprietor	Date of Registration	Consideration
1.	A B (designation)	3 May 2015	£500,000
			Entry
			6 Apr.

Proprietorship section on addition of further plot to cadastral unit

Consideration must be given to amending any existing entries in the securities section.

Entry No.	Proprietor	Date of Registration	Consideration
1.	A B (designation)	3 May 2015	£500,000
		(as regards part tinted xx on cadastral map)	Entry 6 Apr. 2015

		Date of Registration	Consideration
2.	Said A B	10 Jun. 2016	£300,000
		(as regards part tinted yy on cadastral map)	Entry 12 May 2016

If the component parts of the title are subject to different real burdens, subject to a standard security, or benefit of a servitude is restricted to part, then a plans reference should be provided to identify the relevant area. Otherwise, no separate reference is required and the note after the date of registration should be "(Part)" and "(Further part)"

Common and Joint Ownership in Proprietorship Section

Section 7(1)(b) and schedule 4, paragraph 11A(a) of the Act require that when property is held in common ownership, the respective shares of the proprietors whose right is registered must be entered in the proprietorship section of the title sheet.

There are two types of ownership of the same plot of land by more than one person: common ownership and joint ownership.

The registration officer should check that the pro indiviso shares in a proprietorship section will not, on the addition of the further share in the registrable deed which is under consideration, exceed one or 100%. If the shares would exceed one or 100%, the case should be referred to a senior caseworker for consideration.

Common Ownership

In common ownership, each of two or more proprietors has an absolute, unrestricted right to a fractional share of property and can dispose of or otherwise transact with their share.

The situation most likely to be encountered is ownership in equal shares, where the disposition specifies that the named disponees hold the property "equally between them". Entering this wording in the proprietorship section will comply with the requirement of the Act. Otherwise, the deed should indicate specifically the pro indiviso shares in which the property is held if it is not to be held by the proprietors in equal shares.

The following examples deal with dispositions which convey the whole plot of land to which a title sheet relates and not only a pro indiviso share. These examples would apply to both first registration and subsequent transmissions of the whole registered plot. Where the disposition or notice of title relates only to transmission of a pro indiviso share, see Pro Indiviso share of a whole unit of property below for more styles of entry.

Deed specifies "equally between them"

Deed narrates:

We, CRAIG STEWART RAMAGE and MRS SHEILA MARY RAMAGE, Spouses, both residing at Fifteen Strathpeffer Crescent, Airdrie heritable proprietors of the subjects and others hereinafter disponed IN CONSIDERATION of the sum of ONE HUNDRED THOUSAND POUNDS STERLING (£100,000) paid to us by JAMES WATSON and KATRINE JANE McPHAIL both residing at Seven Brittany Gardens, Labrador Road, North Kensington, London, W14 9SB of which sum we hereby acknowledge receipt and discharge them and HAVE SOLD and DO HEREBY DISPONE to and in favour of the said James Watson and Katrine Jane McPhail equally between them and to the survivor of them heritably and irredeemably ALL and WHOLE those subjects known as and forming Fifteen Strathpeffer Crescent, Airdrie, Lanarkshire, being the subjects registered in the Land Register of Scotland under Title Number LANxxxxx, with ENTRY and VACANT POSSESSION as at 15th July 2015, And...

Resulting proprietorship section

Entry No.

Proprietor

Date of Registration

Consideration

1

JAMES WATSON and KATRINE JANE MCPHAIL, both 7 Brittany Gardens, Labrador Road, North Kensington, London, W14 9SB equally between them and the survivor of them

dd mmm yyyy

£100,000

Date of Entry

15 Jul 2015

See also Destinations, especially in relation to special destinations where there are multiple entries in the proprietorship section.

Deed gives each party specified pro indiviso shares

Deed narrates:

We, CRAIG STEWART RAMAGE and MRS SHEILA MARY RAMAGE, Spouses, both residing at Fifteen Strathpeffer Crescent, Airdrie heritable proprietors of the subjects and others hereinafter disponed IN CONSIDERATION of the sum of ONE HUNDRED THOUSAND POUNDS STERLING (£100,000) paid to us by JAMES WATSON and KATRINE JANE McPHAIL both residing at Seven Brittany Gardens, Labrador Road, North Kensington, London, W14 9SB of which sum we hereby acknowledge receipt and discharge them and HAVE SOLD and DO HEREBY DISPONE to and in favour of the said James Watson to extent of a one third pro indiviso share and Katrine Jane McPhail to extent of a two thirds pro indiviso share heritably and irredeemably ALL and WHOLE those subjects known as and forming Fifteen Strathpeffer Crescent, Airdrie, Lanarkshire, being the subjects registered in the Land Register of Scotland under Title Number LANxxxxx, with ENTRY and VACANT POSSESSION as at 15th July 2015, And...

Resulting proprietorship section

Entry No.

Proprietor

Date of Registration

Consideration

1

JAMES WATSON to extent of a one third pro indiviso share and KATRINE JANE MCPHAIL, to extent of a two thirds pro indiviso share, both 7 Brittany Gardens, Labrador Road, North Kensington, London, W14 9SB.

dd mmm yyyy

£100,000

Date of Entry

15 Jul 2015

Deed gives respective pro indiviso shares

Deed narrates:

We, CRAIG STEWART RAMAGE and MRS SHEILA MARY RAMAGE, Spouses, both residing at Fifteen Strathpeffer Crescent, Airdrie heritable proprietors of the subjects and others hereinafter disponed IN CONSIDERATION of the sum of ONE HUNDRED THOUSAND POUNDS STERLING (£100,000) paid to us by JAMES WATSON and KATRINE JANE McPHAIL both residing at Seven Brittany Gardens, Labrador Road, North Kensington, London, W14 9SB of which sum we hereby acknowledge receipt and discharge them and HAVE SOLD and DO HEREBY DISPONE to and in favour of the said James Watson and Katrine Jane McPhail to extent of a one third pro indiviso share and to extent of a two thirds pro indiviso share respectively heritably and irredeemably ALL and WHOLE those subjects known as and forming Fifteen Strathpeffer Crescent, Airdrie, Lanarkshire, being the subjects registered in the Land Register of Scotland under Title Number LANxxxxx, with ENTRY and VACANT POSSESSION as at 15th July 2015, And...

Resulting proprietorship section

Entry No.

Proprietor

Date of Registration

Consideration

1

JAMES WATSON and KATRINE JANE MCPHAIL, both 7 Brittany Gardens, Labrador Road, North Kensington, London, W14 9SB to extent of a one third pro indiviso share and to extent of a two thirds pro indiviso share respectively.

dd mmm yyyy

£100,000

Date of Entry

15 Jul 2015

Deed does not specify "equally between them" or fractional share

Registration officers may encounter a situation where the registrable deed conveys the property to more than one person but does not specify that they hold the property conveyed "equally between them" or in specified pro indiviso shares. As the Keeper is required to reflect the legal entitlement of each of the proprietors in terms of Section 7(1)(b) and schedule 4 paragraph 11A(a), the words "equally between them" should be added to the entry in the proprietorship section.

Deed does not state "equally between them" or indicate specific pro indiviso shares

Deed narrates:

We, CRAIG STEWART RAMAGE and MRS SHEILA MARY RAMAGE, Spouses, both residing at Fifteen Strathpeffer Crescent, Airdrie heritable proprietors of the subjects and others hereinafter disponed IN CONSIDERATION of the sum of ONE HUNDRED THOUSAND POUNDS STERLING (£100,000) paid to us by JAMES WATSON and KATRINE JANE McPHAIL both residing at Seven Brittany Gardens, Labrador Road, North Kensington, London, W14 9SB of which sum we hereby acknowledge receipt and discharge them and HAVE SOLD and DO HEREBY DISPONE to and in favour of the said James Watson and Katrine Jane McPhail heritably and irredeemably ALL and WHOLE those subjects known as and forming Fifteen Strathpeffer Crescent, Airdrie, Lanarkshire, being the subjects registered in the Land Register of Scotland under Title Number LANxxxxx, with ENTRY and VACANT POSSESSION as at 15th July 2015, And...

Resulting proprietorship section

Entry No.

Proprietor

Date of Registration

Consideration

1

JAMES WATSON and KATRINE JANE MCPHAIL, both 7 Brittany Gardens, Labrador Road, North Kensington, London, W14 9SB equally between them.

dd mmm yyyy

£100,000

Date of Entry

15 Jul 2015

Pro indiviso share of a whole unit of property

Each proprietor may possess the whole property, subject to the rights of the other proprietors to share possession. Equally, each proprietor may transact with his share without consulting his co-owners – e.g. he may dispose of it, or burden it with debt – and on his death his share passes to his heirs or executors. Where it is not practical to transact with just one share in the property, any pro indiviso proprietor may apply to the court, either for the property to be physically divided (action of division), or more commonly for the whole property to be sold and the proceeds shared (action of division and sale).

Pro indiviso ownership can therefore be distinguished from:

physical division of a property, where an identifiably separate part of the unit is disponed;

rights of use (e.g. servitudes), where the whole ownership remains with a servient proprietor, who is burdened with the requirement to allow the dominant proprietor(s) to use the property for a specific purpose;

joint ownership (e.g. title held by trustees), where one of the proprietors cannot deal with his interest separately from that of his co-proprietors.

At any one time, a significant proportion of the properties in Scotland will have some element of pro indiviso ownership in their titles. For instance, it occurs whenever a husband and wife take title equally between them. It also occurs when the ownership of (e.g.) a tenement flat carries with it a specified pro indiviso share or right of common ownership of a pertinent such as the drying green or the solum of the building.

The manner in which the Keeper will deal with an application for registration of a pro indiviso share will depend on whether:

the application relates to a pro indiviso share of a whole unit of property; or

the application relates to a pro indiviso share of a pertinent - see Shared and Sharing Plots Guidance and Shared and Sharing Plots

The remainder of this section deals only with pro indiviso shares of a whole unit of property.

Pro indiviso shares (Dealing with whole)

Where a person is registered as sole proprietor of an interest and subsequently transfers a pro indiviso share to someone else, when making entries in the proprietorship section, additional information regarding the various considerations is necessary. It is important that every proprietor is included to ensure that the terms of sections 7(1)(a) is complied with.

Initial entry on first registration

Entry No.	Proprietor	Date of Registration	Consideration
1.	A B (designation)	3 May 2009	£150,000
			Entry
			6 Apr. 2009

On transfer of 1/2 share by AB to CD

Entry No.	Proprietor	Date of Registration	Consideration
1.	A B (designation) to extent of 1/2 pro indiviso share	3 May 2009	£150,000 in respect of the whole subjects in this Title
			Entry
			6 Apr. 2009
		Date of Registration	Consideration
2.	C D (designation) to extent of a further 1/2 pro indiviso share	10 Jun. 2009	£76,000
			Entry
			12 May 2009

On transfer of 1/4 share by CD to EF

Entry No.	Proprietor	Date of Registration	Consideration
1.	A B (designation) to extent of 1/2 pro indiviso share	3 May 2009	£150,000 in respect of the whole subjects in this Title
			Entry
			6 Apr. 1982
		Date of Registration	Consideration
2.	C D (designation) to extent of a further 1/4 pro indiviso share	10 Jun. 2009	£76,000 in respect of a 1/2 pro indiviso share
			Entry
			12 May 2009
		Date of Registration	Consideration
3.	E F (designation) to extent of a further 1/4 pro indiviso share	20 Nov. 2011	£40,000
			Entry
			14 Sep. 2011

Similarly, where title is held by multiple parties and gradually transferred to one of them, clarification of the existing entries and consideration is necessary.

Initial title

Entry No.	Proprietor	Date of Registration	Consideration
1.	A B (designation), C D (designation) and E F (designation) equally between them	3 May 2015	£500,000
			Entry
			6 Apr. 2015

lank

On transfer of 1/3 share by EF to AB

Consideration must be given to amending any existing entries in the securities section.

Entry No.	Proprietor	Date of Registration	Consideration
1.	A B (designation) and C D (designation) to extent of a 2/3 pro indiviso share equally between them	3 May 2015	£500,000 in respect of the whole subjects in this Title
			Entry
			6 Apr. 2015
		Date of Registration	Consideration
2.	Said A B to extent of a further 1/3 pro indiviso share	10 Jun. 2016	£300,000
			Entry
			12 May 2016

Transfer of 1/3 share by CD to GH

Consideration must be given to amending any existing entries in the securities section.

Entry No.	Proprietor	Date of Registration	Consideration
1.	A B (designation) to extent of a 1/3 pro indiviso share	3 May 2015	£500,000 in respect of the whole subjects in this Title
			Entry
			6 Apr. 2015
		Date of Registration	Consideration
2.	Said A B to extent of a further 1/3 pro indiviso share	10 Jun. 2016	£300,000
			Entry
			12 May 2016
		Date of Registration	Consideration
3.	G H (designation) to extent of a further 1/3 pro indiviso share	20 Nov. 2018	£320,000
			Entry
			14 Sep. 2018

Pro indiviso shares (First Registration)

Where an application for first registration is induced by a disposition of a pro indiviso share it is desirable to identify at the earliest possible stage whether other shares in the same property are already registered in the Land Register. If they are, the interest will be added to the title sheet for the existing registered shares. The proportion conveyed, as entered in the proprietorship section, should reflect the terms of the deed, i.e. the entry should be in the same format (percentages or fractions) as in the deed being registered.

It is preferable for all interests in a plot of land to be registered at the same time, however there is no statutory requirement to do so with transitional arrangements permitting the title sheet to be built up over time.

In the event that registration of the whole interest is not possible (whether because the other shares are owned by a third party, or because the applicant declines to apply for voluntary registration), the legal registration officer will deal with the application according to the procedure outlined in the following paragraphs.

Title sheet

A single title sheet is created and maintained for each whole unit of property; as additional shares are registered, they will be added to this title sheet.

Property section

The plans registration officer will map the subjects by the most convenient method, but the verbal description in the property section will describe the subjects as a whole unit. The fact that the title relates only to a pro indiviso share will be covered in a note, e.g.:

Subjects cadastral unit REN15243 being 31 RENFREW ROAD, NEWTON MEARNS edged red on the cadastral map.

Note: The above property is registered in this title only as regards the total of shares shown in the proprietorship section.

This style is used so that no change to the property section is required when further shares are added to the title sheet. When all the shares have been registered (i.e. the total share registered equals one or 100%), the note should be removed.

The "date of first registration" noted in the property section, will be the date of registration of the first share. No further dates should be added when further shares are registered. See examples below:

FR initial acquisition of 1/2 pro indiviso share

Entry No.	Proprietor	Date of Registration	Consideration
1.	A B (designation) to the extent of a 1/2 pro indiviso share	3 May 2015	£500,000
			Entry
			6 Apr. 2015

Same proprietor acquires further pro indiviso share

Consideration must be given to amending any existing entries in the securities section.

Entry No.	Proprietor	Date of Registration	Consideration
1.	A B (designation) to the extent of a 1/2 pro indiviso share	3 May 2015	£500,000
			Entry
			6 Apr. 2015
		Date of Registration	Consideration
2.	Said A B to the extent of a further 1/4 pro indiviso share	10 Jun. 2016	£300,000
			Entry
			12 May 2016

FR different proprietor acquires a pro indiviso share where share already registered

Where co-proprietors acquire their interests by separate deeds, there will require to be two or more entries in the proprietorship section to show the separate entitlement.

Entry No.	Proprietor	Date of Registration	Consideration
1.	A B (designation) to the extent of a 50% pro indiviso share	3 Jun. 2015	£160,000
			Entry
			30 May 2015
		Date of Registration	Consideration
2.	C D (designation) to the extent of a further 50% pro indiviso share	10 Jun. 2015	£160,000
			Entry
			4 Jun. 2015

Addition of final share

Settlers must give consideration to:

removing note from property section
amending any existing entries in the securities section.

Entry No.	Proprietor	Date of Registration	Consideration
1.	A B (designation) to the extent of a 1/2 pro indiviso share	3 May 2015	£500,000
			Entry
			6 Apr. 2015
		Date of Registration	Consideration
2.	Said A B to the extent of a further 1/4 pro indiviso share	10 Jun. 2016	£300,000
			Entry
			12 May 2016
		Date of Registration	Consideration
3.	Said A B to the extent of a further 1/4 pro indiviso share	20 Nov. 2018	£320,000
			Entry
			14 Sep. 2018

The proportion conveyed, as entered in the proprietorship section, should reflect the terms of the deed, i.e. the entry should be in the same format (percentages or fractions) as in the deed being registered. If the deed being registered appears to convey a larger proportion of the subjects than the share that the granter is entitled to (for example, 1/3 is larger than 33%) the case should be referred to a senior caseworker.

When different shares are conveyed in a single deed, the details must be entered in the Link Text and not the Extra Description box to allow the LRS to show the position correctly, see below.

Screenshot example...

Example 1:

Example 2:

If the pro indiviso shares exceed one or 100%, including the share the registration officer is dealing with, a referral must be made to a senior caseworker. The registrable deed may not be valid and the application may require to be rejected.

Joint Ownership

In joint ownership, unlike ownership in common, none of the owners has a right in the property which he/she acting alone can alienate to another. The right of a joint owner falls (or accresces) to the other joint owners on death - the right of a joint owner cannot be alienated or disponed of by that owner either during their lifetime or on their death.

The most commonly encountered type of joint ownership is where a property is owned by proprietors acting in a trust capacity - for example trustees acting under a trust or for a firm, club, unincorporated association or religious organisation, or as joint Executors.

For styles of designation of proprietors in a trust capacity, see Designations

In the case of joint ownership, the deed will not contain a statement about the respective shares of the proprietors in their trust capacity.

Joint ownership - no specification of share

Deed narrates:

We, CRAIG STEWART RAMAGE and MRS SHEILA MARY RAMAGE, Spouses, both residing at Fifteen Strathpeffer Crescent, Airdrie heritable proprietors of the subjects and others hereinafter disponed, FOR NO CONSIDERATION DO HEREBY DISPONE TO and in favour of us WILLIAM JOHN FIELDING residing at Brynerfail, 89 Fells Rigg, Livingston, EH54 6TY, WENDY ANNE FRASER, residing at 109 Foxglove Avenue, Livingston EH54 6TY and HARRY HAIG BARROWNFIELD, Solicitor, 30 George V Avenue, Livingston, EH54 7TY as Trustees of the Craig Stewart Ramage and Sheila Mary Ramage Discretionary Trust constituted by Declaration of Trust registered in the Books of Council and Session on 30th June 2011 as Trustees for said Trust and the survivors and survivor of them and the Executors of the last survivor as Trustees and Trustee foresaid heritably and irredeemably ALL and WHOLE those subjects known as and forming Fifteen Strathpeffer Crescent, Airdrie, Lanarkshire, being the subjects registered in the Land Register of Scotland under Title Number LANxxxxx, with ENTRY and VACANT POSSESSION as at 15th July 2015, And...

Resulting proprietorship section

Entry No.	Proprietor	Date of Registration	Consideration
1	WILLIAM JOHN FIELDING, Brynerfail, 89 Fells Rigg, Livingston, EH54 6TY, WENDY ANNE FRASER, 109 Foxglove Avenue, Livingston EH54 6TY and HARRY HAIG BARROWNFIELD, Solicitor, 30 George V Avenue, Livingston, EH54 7TY, Trustees of the CRAIG STEWART RAMAGE AND SHEILA MARY RAMAGE DISCRETIONARY TRUST constituted by Declaration of Trust registered in the Books of Council and Session on 30th June 2011 as Trustees for said Trust and the survivors and survivor of them and the Executors of the last survivor as Trustees and Trustee.	dd mmm yyyy	No Consideration Date of Entry 15 Jul 2015

Other Information in the Proprietorship Section

In addition to the information that falls to be entered in the proprietorship section in terms of section 7 of the 2012 Act, the Keeper can also add such other information as considered appropriate. This section contains details of such further information.

Entry number

The entry number will be inserted in the first column of the proprietorship section. The need to use more than one entry will arise when co-proprietors and parties holding separate pro indiviso shares register their respective interests by separate deeds or applications - for styles see Common ownership examples above.

Date of registration

By section 37 of the 2012 Act, the date of acceptance of an application by the Keeper becomes the date of registration. Where there is more than one entry in the proprietorship section, the entries will be inserted in date order.

For special cases see examples below:

Date of registration – voluntary registration

The date of registration entered in the title sheet for a voluntary registration is the date of acceptance of the application, as with any other application. Where the proprietor is already the owner on a title recorded in the Sasine Register, the date of recording of that title is not included.

Date of registration – roof space

If the proprietor of a registered title is acquiring a roof space which is to be added to an existing title, the date of registration of the acquisition is not shown in the proprietorship section. (It has already appeared in the property section; see Roof Space Titles).

Consideration

In terms of regulation 12(2)(a) of the Rules, the proprietorship section must contain the consideration for the deed(s) by which the proprietors were entered in the title sheet. The consideration stated in the deed should be accurately reflected in the title sheet. Where the deed narrates that the total price has been paid by the parties 'equally', and the dispositive clause narrates that the property is conveyed to them 'equally' (or 'equally and to the survivor'), only the sum of money paid should be reflected in the 'consideration' field. The price can be carried forward on the LRS from the application workdesk, but there will be occasions where the officer will need to amend the entry.

The requirement in the 2012 Act is that an application should provide the Keeper with the information required to complete the title sheet. Where there is no consideration stated in a deed, but there is a monetary consideration stated in the application form, then the title sheet can be completed from the information given in the application form.

A deed should not be rejected because the consideration has been left out of the deed, where it has been stated as a Monetary consideration in the application form.

The Value field of the application form should not be used to complete the consideration in the title sheet.

Counter Disposition

It is the practice of some developers to accept the purchaser's 'old' property in part exchange for the 'new' property. That is to say, the developer will accept a sum of money, supplemented by a conveyance of the purchaser's old property, in exchange for the new property.

Where the old property has been acquired by the developer in part exchange, 'Counter Disposition' should be entered in the 'consideration' field.

The disposition of the new property to the purchaser may state that the new property is being acquired in consideration of a price plus the conveyance of the purchaser's old property to the developer. If the full price of the new property is stated, it should be entered in the 'consideration' field: there is no need to mention the counter disposition. However, if the disposition narrates that the new property is being conveyed in consideration of a sum of money plus the conveyance of the old property to the granter of that disposition, the 'consideration' field should disclose both the price paid and "plus Counter Disposition". See examples below:

Disposition in favour of Individual (straightforward)

Deed narrates:	Consideration field should state:
We Big Developer Limited in consideration of £265,000 plus the subjects 9 Blackford Court, Motherwell registered under title number LAN54321 paid to us by Charles Miller, 9 Blackford Court, Motherwell aforesaid do hereby dispone to said Charles Miller all and whole that plot of our development at Alderwood, Lochhead, Motherwell delineated in red and marked "39" on the plan annexed.	£265,000 plus Counter Disposition

Disposition in favour of Individual (includes value of old property)

Deed narrates:

Consideration field should state:

We Big Developer Limited in consideration of £265,000 plus the subjects 9 Blackford Court, Motherwell registered under title number LAN54321 (valued at £100,000) paid to us by Charles Miller, 9 Blackford Court, Motherwell aforesaid do hereby dispone to said Charles Miller all and whole that plot of our development at Alderwood, Lochhead, Motherwell delineated in red and marked "39" on the plan annexed.

£265,000 plus Counter Disposition of 9 Blackford Court, Motherwell valued at £100,000

Disposition in favour of Developer (straightforward)

Deed narrates:

Consideration field should state:

Whereas we have agreed to purchase from Big Developer Limited, the subjects forming Plot 18 of the development at Alderwood, Lochhead, Motherwell, and that part of the consideration of the purchase by us is the value of the subjects hereby disponed, we do hereby dispone to and in favour of said Big Developer Limited all and whole the subjects 21 Hilltop Circus, Cambuslang registered under title number LAN12345.

Counter Disposition

Disposition in favour of Developer (complex)

Deed narrates:

Consideration field should state:

Whereas we have agreed to purchase from Big Developer Limited, the subjects forming Plot 18 of the development at Alderwood, Lochhead, Motherwell (valued at £500,000), and that part of the consideration of the purchase by us is the value of the subjects hereby disponed (£250,000), we do hereby dispone to and in favour of said Big Developer Limited all and whole the subjects 21 Hilltop Circus, Cambuslang registered under title number LAN12345.

Counter Disposition

Where the value of the subjects is shown on the application form but not in the deed, this should not be reflected in the 'consideration' field as the information in the application form is taken to be for feeing purposes only.

Shared Equity

Shared equity sales, where the purchaser buys the property but the seller retains an interest by way of a Minute of Agreement which explains the terms and obligations of the purchase.

Deed narrates	Consideration field should state:
The Seller, being, the Scottish Ministers IN CONSIDERATION of the sum of EIGHTY SEVEN THOUSAND POUNDS (£87,000.00) STERLING paid to the Seller by AB together with the entire obligations, liabilities and others due to the Scottish Ministers under Minute of Agreement relative to the subjects hereinafter disponed between the said AB and the Scottish Ministers	£87,000 and Minute of Agreement

Foreign currency

There may be occasions when the consideration stated in the deed is in a foreign currency. In such an event, registration officers should not convert the price paid into sterling but should reflect the exact terms of the deed in the consideration field of the title sheet.

Leasehold

In general terms, the particulars entered in the proprietorship section of a title sheet for the tenant's interest in a lease are identical to those entered in that section of an ownership title to the property. However, where the deed giving title to the registered proprietor is the lease itself, the rental (qualified as appropriate), in the absence of any other consideration, should be entered in the ‘Consideration’ column e.g.:

Consideration: Rent £25,000 per annum (Subject to review)

In situations where the clause setting out the rental provisions is complex this should be reflected by reference to the entry in the burdens section for the lease itself, which will include the full details, e.g.:

Rent as specified in the Lease in Entry x of the Burdens Section

The full details of the rental provisions will be included in the burdens section entry for the lease.

Monetary consideration paid in different shares by proprietors

Where the proportion of the price paid by each disponee differs from the share of ownership which each disponee is acquiring, this has particular significance if there is a survivorship destination as it may affect the ability of either party to revoke the destination. The registration officer must therefore ensure that the proprietorship section accurately reflects the terms of the deed. See example below:

Deed narrates:	Consideration field should state:
"in consideration of £50,000 paid by A ... hereby dispone to A and B equally and survivor"	£50,000 paid by said A
"in consideration of £35,000 paid by A and £15,000 paid by B, I do hereby dispone to said A and B equally and survivor"	£35,000 paid by said A and £15,000 paid by said B

Monetary consideration also in respect of additional property

Where the consideration in the deed is stated to have been paid in respect of more than the subjects in the title sheet then this should be reflected, e.g.

"£100,000 in respect of the subjects in this Title and other subjects".

Monetary consideration narrates a cash incentive

Where the consideration in the deed is stated to take account of a cash incentive, the entire clause should be reflected, e.g.

"THREE HUNDRED AND SIXTEEN THOUSAND POUNDS (316,000) STERLING which price includes a cash incentive of a seller paid deposit in the sum of FIFTEEN THOUSAND EIGHT HUNDRED POUNDS (15,800) STERLING giving a net price payable of THREE HUNDRED THOUSAND AND TWO HUNDRED POUNDS (£300,200)"

should be entered as

"£316,000 which price includes a cash incentive of a seller paid deposit in the sum of £15,800 giving a net price payable of £300,200".

Monetary consideration narrates additional information

Where the consideration in the deed narrates additional information, reflect the consideration in the deed as closely as possible, for example:

"£70,000 (of which price £60,000 is apportioned as to heritage and £10,000 as to growing trees and generally all timber standing and fallen)"

Non Monetary Consideration

When the DIR does not narrate a monetary consideration, the officer should check the entry from the pick list on the LRS. However, it may be necessary to amend the entry if the style in the pick list does not accurately reflect the terms of the deed.

Variations on the non monetary pick list include:

Love Favour and Affection	Certain Good and Onerous Causes
Conveyance to Beneficiary	Certain Good Causes
Implementation of Agreement	Counter Disposition
Implement of Will	By Way of Excambion
Settlement of Debt	No Consideration
Gift	No Grassum
Relief of liability of demolition Costs	Reconveyance
Not applicable	Implementation of missives
Undertaking to pay debts … Standard Security – see below at undertaking to repay existing standard security

Where the deed states more than one consideration, the registration officer should reflect the deed.

Deed narrates:	Consideration field should state:
"in implementation of the said Trust Deed and in consideration of the sum of £50,000 paid by said ..."	Implementation of Trust Deed and £50,000
"for certain good and onerous causes and for no consideration ..."	Certain Good and Onerous Causes and No Consideration
"for no consideration and for love favour and affection ..."	No Consideration and Love Favour and Affection
"in consideration of the sum of £70,000 and in consideration of the conveyance by you to us of the subjects ... in part exchange for the property hereby disponed ..."	£70,000 plus Counter Disposition

Statutory conveyance

Where a schedule conveyance does not narrate that a price is paid, leaving the ‘consideration’ box blank could lead to the conclusion that it has been omitted inadvertently. Therefore, ‘Not applicable’ will be inserted by selecting from the pick list.

Undertaking to repay existing standard security

When the DIR narrates that the purchase price is a personal undertaking to repay a debt in an existing standard security, this is shown in the proprietorship section. This undertaking is considered to be a ‘valuable consideration’ in terms of the 1979 Act and will therefore induce first registration.

The entry in the proprietorship section will follow the deed but it is normally in the following format:

‘personal undertaking to repay the sum of £150,000 secured by the standard security in entry 1 of the Securities Section’

VAT - referrals to inclusion or exclusion of value added tax

When the consideration narrated in the deed indicates that VAT is or is not payable, this should be reflected in identical terms to the deed, e.g.:

£100,000 plus VAT; or
£100,000 plus £20,000 VAT; or
£120,000 including VAT; or
£100,000 exclusive of VAT
£1,000 on which sum no VAT is payable

Voluntary registration

With a voluntary registration, where the applicant already has a recorded title, the consideration is left blank on the basis that it has been previously entered in the Sasine Register; the words voluntary registration should not be entered as this is not a consideration. However, leaving the consideration blank could lead to the conclusion that it has been omitted inadvertently. Therefore ‘Not applicable’ will be inserted by selecting from the pick list. In the case where the applicant’s title has not been recorded in the Sasine Register, but is given effect to in the Land Register by an application for voluntary registration, the consideration is shown in the proprietorship section.

The words 'voluntary registration' should appear in the consideration box on the application workdesk to provide an explanation for searchers why the application is on the register. Any valuation provided for feeing purposes should only be shown in the 'value' field on the application workdesk.

Date of entry

In terms of Regulation 12(2)(b) of the Rules, the proprietorship section of a title sheet must contain the date of entry. The entry date given in a deed is the date when, in exchange for payment of any monetary or other consideration, the acquirer takes possession of a property.

The date of entry should be entered in the same format as the date of registration, i.e. dd mmm yyyy. The various phrases in the deed that accompany the date of entry (e.g. ‘and actual occupation’) should be omitted.

Where the DIR states that entry takes effect from the 'date hereof', the date to be entered in the proprietorship section is the last date of execution of the deed.

Date of entry omitted or incomplete

If the DIR does not narrate a date of entry but this information is provided on the application form, then that date should be entered in the title sheet. For the avoidance of doubt, if different dates are narrated in the deed and on the form, the date narrated in the deed should be entered in the title sheet.

If the date of entry is not in the deed, nor is it on the application form, then the provisions of section 28 of the Conveyancing (Scotland) Act 1874 can be relied upon. This states: "Where no term of entry is stated in a conveyance of lands, the entry shall be at the first term of Whitsunday or Martinmas after the date or last date [of execution] of the conveyance, ...".

Accordingly, where no date of entry is supplied either in the deed or on the form, the appropriate term date should be entered in the proprietorship section of the title sheet (but see Date of entry omitted - exception below). The terms of Whitsunday and Martinmas are taken to be 28 May and 28 November respectively.

The LRS ‘notes and instructions’ field should be annotated to explain the action what has been taken.

Date of entry omitted - exception

An exception to the above is when the deed is a type that is not required to contain a date of entry, such as a notice of title, a schedule A conveyance or a general vesting declaration. However, if one of these types of deed is received with an entry date either in the deed or on the form, it is acceptable and that date should be reflected in the title sheet. For the avoidance of doubt, if different dates are narrated in the deed and on the form, the date narrated in the deed should be entered in the title sheet.

If no date of entry is provided for one of these types of deed, either in the deed or on the application form, note that the provisions of section 28 of the Conveyancing (Scotland) Act 1874 do not apply to this type of deed and a term date cannot be added.

However, leaving the date of entry blank could lead to the conclusion that it has been omitted inadvertently. In such circumstances, the following note should be added to the proprietorship section:

Note: The Date of Entry field [in entry xx] is intentionally blank.

Voluntary registration

With a voluntary registration where the applicant's title is recorded in the Sasine Register, the date of entry is not appropriate in the Land Register but leaving the date of entry blank could lead to the conclusion that it has been omitted inadvertently. In such circumstances, the following note should be added to the proprietorship section:

Note: The Date of Entry field [in entry xx] is intentionally blank.