Title Number in Burdens - Sift Instructions

In most applications for registration, the subjects being registered will be affected by burdens which are narrated more fully in prior registered deeds. The majority of the time, these burdens will be found in deeds which were registered in the sasine register. But sometimes, these burdens will be found in deeds which were registered in the land register. If this is the case for your application, the JIRA ticket will need the case characteristic Title Number in Burdens.

How will I recognise the case characteristic “title number in burdens”?

In the deed:

• Look for the phrase “but always with and under”.
  • In some deeds, this is written in capital letters – but not always.
• Immediately following this phrase, there will be a list of deeds which include burdens affecting the application.
  • There can be any number of deeds listed here. For most applications, the number of deeds listed will be between one to six. But some applications may contain many more deeds – even dozens, occasionally.
• Read through the list of deeds.
  • Most burdens deeds will be described by reference to the date that they were recorded in the sasine register. These can be ignored for the moment.
  • Some burdens deeds will be described by reference to the title number. If there are any burdens deeds in your application which include title numbers, the case characteristic “title number in burdens” applies.

In the application form:

• Go to the section “Burdens”. The first question (“Are there any encumbrances that are not referred to …” should be answered Yes.
• Now look at Questions 2 and 3. It’s likely that one (or both) of these questions will be answered with a list of deeds.
• Read through the lists of deeds.
  • Most burdens deeds will be described by reference to the date that they were recorded in the sasine register. These can be ignored for the moment.

  • Some burdens deeds will be described by reference to the title number. If there are any burdens deeds in your application which include title numbers, the case characteristic “title number in burdens” applies.

What else do I need to know?

Deeds often contain title numbers for all sorts of reasons. This case characteristic applies only when the burdens references include mention of a prior title number. It should not be used in any other circumstances. In particular, this characteristic does not apply when the deed refers to other title numbers for servitudes.