Complete Burdens Section - FR Legal RA
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6.1 Delete research area (RA) details and re-import from title workdesk.
6.2 Add burdens deeds as per RA instructions, refer if any anomalies or applicant advises that they consider specific burdens do not affect.
6.2.1 Note the date that the RA is correct to.
The date that the RA is correct to is noted near the top of the RA screen on the LRS:
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'. 'additional cadastral map view' or 'supplementary data' 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 If burdens deeds noted in application form and DIR are different from RA see guidance, unless they post date breakaway deed.
6.4 Identify if the breakaway deed creates real burdens pre or post TCA appointed day (28 November 2004).
6.5 Where necessary, edit breakaway deed for burdens following appropriate guidance.
6.5.1 Check the date the RA has been updated to. If there are additional deeds after this date, edit them for burdens.
6.5.1.1 If these additional deeds affect other subjects, refer them to your referral officer so that they can decide whether to update the RA.
For guidance on identifying deeds containing real burdens, servitudes and title conditions, see Burdens Section Information.
6.6 If any amendments are required for burdens on the cadastral map, add a note to plans on the title workdesk.
6.7 Add burdens entry for breakaway deed.
6.7.1 Add s.53 footnote (if necessary).
6.7.2 Only where absolutely necessary, incorporate the deed or a document in the burdens entry by reference to the archive record.
6.8 If the subjects are affected by the Long Leases (Scotland) Act 2012, add appropriate Conversion of Long Lease note (if necessary).
6.9 Add appropriate TCA burdens section note and check TCA note is the final entry (if necessary).
6.10 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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