Complete TP Burdens Section - TP Legal Non Instructional

Process Steps

Additional Information

7.1 Import burdens entries from the registered version of the parent title.

Where the subjects being registered are a lease (or sub-lease) only the leasehold conditions directly affecting that interest are shown in the title sheet (i.e. if registering a sub-lease the conditions in the head lease are not disclosed on the sub-tenant's title sheet). See also Lease Title Sheet - Burdens Section.

7.2 Delete any burdens which are outwith the effective date, and consider any additional burdens information if provided by the agent in the further/additional information sections of the application form and amend burdens entries accordingly.

7.2.1 Amend all references in the burdens section from 'Title Plan' to 'cadastral map'.

7.2.2 If an existing SPL/Supplementary plan is being incorporated into the title sheet amend the existing footnote to the burdens entry.

7.2.3 Update any existing copy in certificate entries.

7.2.4 If an entry has been updated add an element note to reflect the entry complies with 2012 Act terminology.

7.3 Identify if the breakaway deed creates real burdens or servitudes.

7.4 Edit breakaway deed and add burdens entry, if necessary, following appropriate guidance.

7.4.1 Add s.53 footnote, if applicable.

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

7.5 Add an entry for any other new burdens deed under examination specific to TP.

7.5.1 If the application includes a notice of potential liability for costs or creates a liferent interest, an entry should be added to the burdens section.

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

7.6 Add appropriate TCA burdens section note and check the note is the final entry, if applicable.

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



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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