Amend PT Property Section - TP Legal Non Instructional
Process Steps
Additional Information
13.1 Give effect to any changes to the property section required as a result of DW(s) over PT following the steps detailed in the Update Property Section - Complex DW process, if applicable. Refer to guidance on dual registration of real burdens and servitudes, if necessary.
13.2 Check that the real right field is correct or amend as necessary.
13.2.1 If the real right field says ownership or tenancy no amendment is necessary
13.2.2 If the real right field says proprietor change to ownership, or if it says tenant change to tenancy
13.2.3 In the event that the real right field contains a different entry for example a mixed feudal/absolute ownership title or it is an old feudal title habile to include mineral interests refer to senior officer.
13.3 Amend the title sheet update field as appropriate to the date of registration of the last registered DW/TP currently being completed, as appropriate.
13.4 If any of the deeds under examination contain new address details for the parent title subjects add a note to plans on the title workdesk.
13.4.1 Check the property description includes the cadastral unit number and, if a positive mapping style has been used, the hectarage to 2 decimal places if 0.5 hectares or greater than 0.5 hectares.
13.4.2 If the property description does not include the cadastral unit number and, if applicable, the hectarage, update the property description to include the cadastral unit number and hectarage as instructed by plans.
13.4.3 If plans have not provided instructions add a note to plans on the title workdesk to update the PT property description.
13.5 If a positive mapping style has not been used give effect to removal(s) from parent title by adding to existing notes and schedule(s) or creating new notes and schedule(s).
13.5.1 Where plans advise the removal comprises the final flatted property in a block and the block is now edged on the cadastral map remove applicable entries from the schedule or remove schedule, if appropriate. Ensure green out removals note is added and remove schedule of removals note, if appropriate.
13.5.2 Check the schedule entries are correct and are in date order and amend if necessary.
For the avoidance of doubt, where the parent title shows that exclusive rights of use of, for example, car parking spaces have been removed from the parent title following 1979 Act procedures, the plans references on the cadastral map and the existing removal note in the property section relating to the exclusive rights of use should be retained. The removal note should be amended to be 2012 compliant to read, for example, "The exclusive rights of use of the car parking spaces edged and numbered in mauve on the cadastral map have been removed from this title."
13.6 Check for any pro indiviso/right in common to an area.
13.6. 1 If all shares are registered, the area should be edged on the cadastral map and the entries removed from the schedule of removals.
13.6.2 If only some of the shares are registered, the area should be numbered only and the entries remain in the schedule of removals until the final share is registered.
13.7 Add a schedule of subsisting rights to real burdens and a cross reference to the schedule in the suffix of the property description or add an entry to the existing schedule for post appointed day deed, if applicable.
13.8 If the rights include a servitude which has been shown in full in the property description, add note specifying the deed in which the servitude right was created or that it is a prescriptive servitude.
13.8.1 If the servitude right has been included in the property description by way of cross reference to a deed in the burdens section, no note is required.
13.9 Check a TCA property section note is included, if applicable.
13.10 Add note cross referring to burdens section if required.
13.10.1 If TP breakaway deed contains reservations(s) in favour of the subjects remaining in the parent title, a note is required in the parent title property section cross referring to the entry for the breakaway deed in the parent title burdens section.
13.11 Amend any reference from 'Title Plan' and 'Supplementary Plan' to 'cadastral map' and 'supplementary data to the title sheet'.
13.11.1 If there is an existing boundary table change the wording in the heading from 'Title Plan' to 'cadastral map' (i.e. 'The boundary between the points indicated on the cadastral map').
13.12 If any amendments are required to the cadastral map or to the address details check a note to plans has been added to the title workdesk and refer to plans.
13.13 If TP is a lease of all or part of the plot add, or update, a schedule of leases, including title number of the lease title sheet.
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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