Complete Burdens Section - FR Legal - Non RA

Process Steps

Additional Information

6.1 Identify if the breakaway deed created real burdens pre or post TCA appointed day (28 November 2004).

6.2 Edit burdens deeds and add burdens entries as detailed in the DIR and the application form, and as identified from the preceding advance notice checks, following appropriate guidance.

6.2.1 Examine the CDI to establish whether there is an entry for any or all of the burdens deeds and assign or clone as necessary.

When using an existing CDI entry, check whether there is a plans reference that must be replicated on cadastral map, ensure that any reference to "Title Plan" or "Supplementary Plan" is updated to 'cadastral map' or 'supplementary data to the title sheet' and ensure that any existing copy in certificate entry is updated.

Once updated (if necessary), ensure that the element note reflects the entry and complies with 2012 Act terminology.

6.3 Edit remaining deeds as necessary and add entry where no CDI entry exists.

6.4 Edit breakaway deed for burdens following appropriate guidance.

6.5 If any amendments are required for burdens on the cadastral map add a note to plans on the title workdesk.

6.6 Where necessary, add burdens entry for breakaway deed.

6.6.1 Add s.53 footnote (if necessary).

6.6.2 Only where absolutely necessary, incorporate the deed or a document in the burdens entry by reference to the archive record.

For guidance on identifying deeds containing real burdens, servitudes and title conditions see Burdens Section Information. 

6.8 Add appropriate TCA burdens section note and check TCA note is the final entry (if necessary).

6.9 Identify and note any mineral reservations in the 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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