Transfers of Part

Introduction

'Transfer of Part' is the term used in Registers of Scotland to describe an application which requires the creation of a new title sheet where the land (or the right in the title sheet) is already registered. There are two scenarios:

(1) when a new registered proprietor acquires right to only part of the land held under a registered title e.g. by disposition or by notice of title or general vesting declaration or contract of excambion, in which case the existing cadastral unit will require to be divided and the existing title sheet updated as well as a new title sheet created for the new cadastral unit, or

(2) when a new right subordinate to that of the registered title is created upon a grant of a lease or sublease in which case a new lease title sheet is required.

Where an application other than the creation of a new subordinate right of a tenant or a transfer of title relates to only part of a registered title (e.g. a deed of restriction of a registered security, or a standard security accompanying the transfer of title), the application is classed as a Dealing.

Summary

From a procedural point of view, TPs can be split broadly into two categories:

(1) those out of developing titles, and

(2) ‘one-off’ TPs.

Table of Contents
TP Intake TP Plans - Manual PI TP Plans - Cat A TP Plans - Cat B TP Plans - First Removal TP Plans - Tenement First Removal TP Legal Instructional TP Legal - Non Instructional TP Legal - First Removal TP Legal - Tenement First Removal TP Legal - Tenement Non Instructional TP Legal - Parent Title Update TP Support - Tenement Guidance

Developing titles

Developing titles can be defined as larger developments by building companies. The first transfer (the "first removal") is considered by a senior officer and a settling style set up, instructing the registration officer to settle the subsequent TPs (Instructional TPs) by means of guidelines contained on a record card. It is the responsibility of the legal settler to edit the breakaway deed for their title, taking account of general guidance given. If the style of property or deed submitted does not conform with the style provided as a first removal it is the responsibility of the registration officer to refer the application for further guidance

One Off TPs (Non instructional TPs)

Under this heading fall leases of whole, sales of small parts of garden ground, separate garages, one flat being split into two etc. Small developments where the production of a record card would be superfluous (as the number of ensuing TPs would be small) are also included in this category.

Under the terms of the 2012 Act, all applications affecting a title MUST be settled in date order - this means that no TP, FA or DW affecting a parent title can be settled out of turn.