Registration Terms
Below is a list of words & phrases that you may come across during the registration process. See also Latin phrases and Scots phrases.
Term | Definition |
|---|---|
A non domino | From one who is not the proprietor; see also Prescriptive Claimant |
Absolute Accuracy | See Positional Accuracy |
Absorption | The merging of two interests in the same cadastral unit whereby the lower interest merges into the higher interest; for example, the renunciation of a lease. Not to be confused with Amalgamation. |
Abstracting | To draw information from deeds; to summarise |
Accuracy | Used to describe how exactly a map represents the real world. There are three different ways of measuring this on the Ordnance Survey maps - Positional or Absolute, Relative and Shape. |
Address | A recognised way of describing a place (or object) that identifies its unique location; for example, the name, number, street name, town & postcode of a house |
Affidavit | A sworn statement made before a Notary Public |
Agent | Solicitor |
Allodial | Historical term for land that was held without feudal superior; for example, Crown land, udal tenure, church lands etc This type of land holding has not been competent since abolition of feudalism (Abolition of Feudal Tenure etc. (Scotland) Act 2000) |
Alluvio | An increase in one's land from soil deposited naturally by the action of a river or on a shoreline |
Alluvium | The soil accumulated by the action of a river, usually washed from adjacent land upstream. The owner of the land that is increased by this accumulation is legally entitled to benefit from the new soil. |
Alveus | The bed or channel of a river |
Amalgamation | Addition of land to an existing registered title sheet by combining cadastral units (section 13(2)(a)) |
Application No. | Unique serial number given to all applications for registration |
Application Record | The application record consists of (1) all applications for registration that are, for the time being, pending; and (2) all advance notices that are, for the time being, extant (section 15) |
Assessed rental | Rateable value |
Assignee | The person benefited by an assignation in his favour of a security or a lease |
A paper file historically containing (colour) copies of deed plans, etc. kept as they may be of interest when registering nearby properties. Held in centralised support & stored under title number. Paper back-up files are no longer created; instead the information is added to the digital archive. Also, a type of Index Entry on the DMS (type BUF), that contains plotting of (e.g. boundary) information that may be of interest when registering nearby properties. | |
Base Map | A set of topographic data (a map) that provides a framework upon which a user can create or display their own data. For example, the cadastral map held by RoS conventionally uses the Ordnance map as the base map (section 11 (6)). |
Base Scale | The scale at which a map has been surveyed, in other words the surveyed scale |
Benchmark | A standard or point of reference against which things may be compared. In a mapping context, a benchmark is a surveyor's mark cut into a wall, pillar or building and that is used as a reference point in measuring height relative to a known datum. |
Blench | A form of land transaction under the feudal system abolished by the Abolition of Feudal Tenure etc. (Scotland) Act 2000. A feudal holding where the reddendo was nominal (e.g. a penny if asked). |
Blueing-out | The conventional method for showing that all or part of a pre-2012 Act parent title was the subject of a feu. This was shown by edging & numbering the affected area in blue on the cadastral map. Feudalism as a form of land ownership was abolished by the Abolition of Feudal Tenure etc. (Scotland) Act 2000. Although it is no longer competent to register a new feu in the land register, many existing parent titles will contain blue-outs reflecting the extent of previous feus that have been registered. |
Books of Council and Session | Used for the registration of original, probative or holograph writing (in other words, a writing which is authenticated in a manner prescribed by the Scottish Law in order to acquire privileged status). It also serves as a safe deposit for important documents which might otherwise stand in danger of being lost. Photocopying was introduced to the Record Office in 1934; prior to this date all deeds were copied by hand into the record volumes. Because of this no copy was made of the plans attached to the deeds. However with the advent of photocopying it soon became the practice of photocopying all plans within certain dimensions (22 inches by 28 inches) as a matter of course. Therefore prior to 1934, or after that date if the plan did not meet the requirements for photo copying, the agents had the option to safe deposit, so to speak, either the original deed or a duplicate of the deed plan. |
Brace | A symbol in the form of an elongated "S", used (for example) on County Series maps, which when drawn across any line dividing two parcels of land served to unite them |
Breakaway Deed | A deed where the subjects are being dealt with as a separate entity for the first time and that will contain a full description (possibly by reference to a deed plan) of those subjects |
Builders Title | An application for registration of an area of ground by a builder (for example, Cala Homes Ltd), which will be developed into multiple units in the near future |
Burdens | Conditions or encumbrances affecting heritable property and imposed by a registrable deed. Upon registration, the condition or encumbrance is reflected in the burdens section of the title sheet of the property. |
Candlemas | One of the four quarter days in Scotland (the others being Lammas, Martinmas and Whitsunday). Candlemas was formerly 2nd February but is now (by statute) 28th February. See Whitsunday, Martinmas, Lammas. |
Cartography | The science or practice of drawing maps. It can include all stages of the process from data acquisition to the creation of a printed or digital map. |
Case | Any current and pending application for registration |
Certificate of Confirmation | A supplementary document certifying that confirmation has been issued and that the estate included inter alia a single item of estate which is specified in the certificate. The document empowers the executor of the estate to deal with the single item. |
Certificate of Title | Paper certificates, comprising land certificates and charge certificates, that were issued by the Keeper upon completion of a pre-2012 Act application for registration. No longer issued. |
Certificate Plan | The copy of the title plan included in the paper land certificate issued by the Keeper upon completion of a pre-2012 Act application for registration. Not issued for 2012 Act applications. |
Charge Certificate | A duly authenticated certificate of title issued to a creditor on the registration of a heritable security in a pre-2012 Act application for registration. Not issued for 2012 Act applications. |
Commencement Date | The appointed day on which a particular geographical area of Scotland became operational in the land register under the terms of the Land Registration (Scotland) Act 1979 |
Common Deeds | Deeds containing burdens or rights which affect more than one property |
Common Deeds Index (CDI) | A digital record held in the LRS that lists details of common deeds |
Common Deeds Index Sheet (CDIS) | A type of Index Entry on the DMS (type CDI), that contains plotting of the extent of common deeds |
Common Interest | An interest (for example, that of an adjoining user of a common wall) entitling the party interested in a say in the use of the thing |
Confirmation | The ratification by the court of an appointment of the executor of an estate constituting a title to take possession of, administer and dispose of the estate |
Confusio | Confusion or merging. Confusion is one of the ways in which an obligation is extinguished. Examples: If a debtor succeeds or otherwise acquires the right of his creditor, his debt is extinguished confusione, because he then unites in his own person both debtor and creditor; the fusion of landlord's and tenant's interest when held by the same proprietor. |
Confusion | See Confusio |
Consideration | The price paid by a purchaser for a property or an interest in a property |
Consolidation | The fusion of two immediately adjacent fees in a feudal chain when held by the same proprietor |
Co-ordinates | Pairs or triplets of numbers that are used to indicate the position of a point or line within a defined framework or grid. The position is given relative to a known starting point. |
Corporeal | Heritable and moveable property which are also physical objects (see Incorporeal) |
County Series | Record maps dating from approximately the end of the 19th century to the middle of the 20th |
Creditor | A person in whose favour is granted a standard security over heritable property as security for a loan or the performance of an obligation |
Currency | The level to which data is kept up to date |
Correction Case (CX) | Pre-2012 Act application type that was used when a land certificate to be resubmitted for correction |
Daily Running Number | Each deed recorded in the Sasine Register in a county on a particular day is allocated a number in order of receipt - this is the daily running number. This number can be found in the Minute Book for the relevant county & year, along with the yearly running number for that deed. |
Datum | The fixed starting point of scale or a co-ordinate system |
Dealing | An application for registration of a deed that either (a) wholly affects a registered title (for example, a Disposition of the whole property); or (b) partly affects a registered title but does not require the cadastral unit to be subdivided and a separate title sheet created (for example, a standard security over part of a cadastral unit). |
Dealing with the Whole | see Dealing |
Debtor | The granter of a standard security over his property |
Deed | A document which is executed according to the formalities required in the individual case (for example, executed by an individual, company, etc) |
Deed Inducing Registration (DIR) | The deed which, when submitted for registration, results in the first registration of a previously unregistered plot in the land register |
Derived Map | A map produced from other maps rather than from an original survey |
Derived Scale | A version of a map that is formed by either enlarging or reducing a base scale map |
Designation | A person's title, description of occupation and address at which they are permanently resident |
Destination | A clause of direction as to the persons who are to succeed to the property (for example, equally and survivor) |
A service offered by RoS to provide developers with the confidence that any title extent issues can be identified and resolved prior to the sale of individual houses within their development. As well as the benefits to the developer and his purchasers, the benefit to RoS is often the ability to plot and register the cadastral units of the individual houses based on the digital data supplied by the developer rather than having to wait until the OS map is updated. | |
Digital Mapping | The process of storing and displaying map data in computer form |
Digitising | The conversion of printed maps and other non-digital information sources to a computer-readable format. With reference to digitising maps, this may be achieved by "point digitising", where points are only recorded when a button is manually pressed by the operator, or "stream digitising" where points are recorded automatically at pre-set intervals of either distance or time. The resulting digital file will be in a vector format. |
Digitising Table | An electronic draughting table capable of recording the (x,y) co-ordinates of a point on a table in computer readable form |
Diligence | Methods of enforcing unpaid debts and other obligations, either on the dependence or in execution of court decrees or judgements |
Diligence on the dependence | Diligence over the assets of the defender executed while a court action is continuing |
Docquet on Confirmation | A docquet endorsed by an executor on a confirmation or certificate of confirmation whereby heritable property is transferred to the person entitled thereto |
Dominant Tenement | Historical term used to describe a property which benefits from the existence of a servitude right |
Dpi (Dots per inch) | A unit of measurement for the resolution of a scanning or printing device |
Duplicate Plan | An authenticated copy of a deed plan that has been recorded in the Books of Council and Session kept by the National Archives of Scotland, normally due to its size and colouring. A colour copy can been obtained from the record office by using the Revenue Runner Duty Form maintained by Customer Services. |
Eik | An extension of the confirmation of an executor to cover property not originally included |
Effeiring | Belonging to |
Egress | Way out (e.g. access and egress) |
Enlarged Plan | A method of mapping used on some pre-2012 Act titles. When a small part of the plan needed clarifying, an inset plan was added to the title plan this was known as an enlarged plan. It was used when the addition was an extract from a larger scale plan (for example, an architect's or a surveyor's plan, or a deed plan where the scale was reliable). Enlarged plans followed the scale of the deed plans on which they are based, but the scale was expressed as a representative fraction where it was practicable. Enlarged plans are not to be used when mapping 2012 Act titles. |
Enlargement | A method of mapping used on some pre-2012 Act titles. When a small part of the plan needed clarifying, an inset plan was added to the title plan - this was known as an enlargement. An enlargement was used when a scale enlargement of part of the detail shown on the title plan was added. Enlargements showed the scale as a representative fraction. Enlargements are not to be used when mapping 2012 Act titles. |
Estate | The extent of a person's interest in land |
Estate Plans | A historic term used to describe plans lodged with RoS to show the intended development on builders' estates. The process has been replaced by the Deed Plan Approval (DPA) service. |
Feature | A point or line used to represent one or more real-world objects on a map |
Feature Code | An alphanumeric code which describes and/or classifies geographic features in a digital map file |
Feu | A form of land transaction under the feudal system abolished by the Abolition of Feudal Tenure etc. (Scotland) Act 2000. The granting by a feudal superior to a vassal in perpetuity of the right of property (or dominium utile) in the ground feued, i.e. the vassal had the full use of the property, limited only by the conditions imposed in the grant by the superior. Feus could be created by feu contract, feu charter or feu disposition. |
Feuar | One who held an interest in land subject to the conditions in a feu writ. This form of land ownership under the feudal system was abolished by the Abolition of Feudal Tenure etc. (Scotland) Act 2000. Any reference to a feuar shall now be construed as a reference to the owner of that land. |
Fiar | See Feuar |
First registration (FR) | The registration in the land register of a previously unregistered plot of land (section 23 of the 2012 Act) |
Floating Shape | Subjects shown on a deed plan that contains insufficient surrounding detail to tie the extent in accurately to the Ordnance Map |
Floor Level Cases | Registration of a floor or part of a floor of a building (other than a normal tenement or split villa case). Applications which relate to the registration of parts of buildings, on one or more levels, will all be treated as tenement applications under section 16 of the 2012 Act. Examples can include shopping precincts and complex high rise flatted properties |
Foreshore | The land between the mean high and low water marks (spring tides). Foreshore is udal in Orkney and Shetland |
Foundation Deed | The deed which starts a prescriptive progress of title, such a deed may be a breakaway deed (which see), but equally may be a subsequent transfer of subjects which contains only a description by reference to an earlier deed (for example, a feu contract) containing a full description |
Free ish and entry | The right to come and go |
Full Bounding Description | A written description of the extent of a property, containing measurements and orientation of the boundaries |
Gazetteer | A (national) list of postal addresses that are individually linked to features or points on a map (for example, Ordnance map) by a unique reference number. |
Geographic Information System (GIS) | A system for capturing, storing, checking, integrating, manipulating, analyzing and displaying data which are spatially referenced to the Earth. RoS currently uses ArcGIS software |
Grantee | A person benefited by a conveyance or assignation in his favour |
Granter | A person who grants a writ which transfers, discharges or otherwise deals with his interest |
Greening out | The conventional method for showing that all or part of a parent title has been sold off, registered as a TP application, and has been removed from the parent title cadastral unit. This is shown by edging & numbering the affected area in green on the cadastral map. |
Grid Reference | The position of a point on a map expressed in terms of grid co-ordinates |
Ground Surface Level | Where more than one level of detail exists (for example, a raised walkway), the Ordnance Survey defines ground surface level as the upper level of through public communications |
Heritable Property / Heritage | Heritable property is land and other immovable property (for example, houses, commercial premises, etc) |
Ident | The stage between intake and plans settle in the registration process when the location of the property is located on the OS map, and a category is assigned to the application |
Illusory Feuduty or Rent | A purely nominal feuduty or rent (for example, one penny if asked) |
In Direction Measurement | A measurement from a known point towards another, but the line being measured doesn't extend through the whole length |
Incorporeal | Heritable and moveable property which has no physical existence e.g. patent rights, copyright or a coat-of-arms (see Corporeal) |
Indefinite Detail | Map detail which is of sufficient importance to be shown on a map but that has an outline that is liable to change (for example, the proposed route of a new by-pass shown on a road atlas) |
Indemnity | A provision that was made in the Land Registration (Scotland) Act 1979 for a person who suffered loss in certain circumstances to be indemnified by the Keeper to the extent of that loss (see section 12 of the 1979 Act). See Warranty for the position under the 2012 Act. |
Index Map | The statutory graphical index of registered title to land, showing the extent of all registered cadastral units and linked to the relevant title sheets |
Inhibition | An order by the Court of Session which forbids a debtor from burdening, or parting with, heritage to the prejudice of the inhibiting creditor. Gives the inhibiting creditor inter alia the right to apply to the court for a decree to reduce deeds violating the inhibition. |
Interdict | A judicial remedy granted by a court forbidding the commencement or continuation of an act or activity or the maintenance of a thing or condition infringing or threatening the complainer's rights |
Irritate | Make something null and void |
Ish | Termination date (issue), commonly of a lease |
Kindly tenant or rentaller | One who held land on very favorable terms by enrolment in the rental-book of a superior, but not by feu charter. They were generally construed to have a life-rent of the property, except in the case of those of Lochmaben, whose rights were perpetual and alienable, and in other cases where the rights appear to have been heritable. Kindly tenants of Lochmaben were abolished by the Abolition of Feudal Tenure etc. (Scotland) Act 2000. |
Lacuna | A gap or omission in a document, or a case not provided for in a statute |
Lammas | One of the four quarter days in Scotland (the others being Candlemas, Martinmas and Whitsunday). Lammas was formerly 1st August but is now (by statute) 28th August. See Candlemas, Whitsunday, Martinmas. |
Land | Includes buildings and other structures and land covered with water |
Land Certificate | Paper certificate containing an extract from the land register that was issued by the keeper upon completion of a pre-2012 Act application for registration. Not issued for 2012 Act applications. |
Land Information System (LIS) | See Geographic Information System (GIS) |
Land Register | A public register of rights in land in Scotland (known as the Land Register of Scotland). This was established by the Land Registration (Scotland) Act 1979, and continued by the Land Registration etc. (Scotland) Act 2012. It will supersede the General Register of Sasines as the Scottish national land register. |
Landline Data | Large scale Ordnance Survey map data. Now superseded by the Ordnance Survey's Mastermap data product. |
Landlord | The proprietor of heritable property who leases all or part of his property for a limited time in return for a rent |
Lands Tribunal for Scotland | A tribunal established by statute with power inter alia in disputes relating to title conditions (e.g. real burdens or servitudes and applications to renew, vary or discharge such conditions) and the hearing of appeals against decisions taken by the Keeper of the Registers of Scotland in relation to the registration of title to land |
Leaseholder | See Tenant |
Legal tender | Legal tender has a very narrow technical meaning in relation to the settlement of debt. In ordinary everyday transactions, the term ‘legal tender’ has very little practical application. See Legal Tender Guidelines and Legal Position with regard to Scottish Banknotes (external links) |
Lessee | See Tenant |
Lessor | See Landlord |
Let | To grant the use of land in return for a rent |
Licence | A contractual right to the use or occupation of heritable property which does not constitute a tenancy in the legal sense |
Liferent | A right or title in land for the period of a person’s life |
Light and prospect | A servitude binding on the servient tenement, preventing him from (a) building or planting on his ground (non aedificandi), (b) raising any buildings or plants on his ground beyond a certain height (altius non tollendi) or (c) building or planting so as to impinge on the light prospect of the dominant tenement (non officiendi luminibus). |
Long Lease | A contract whereby a landlord grants exclusive possession of all or part of his heritable property to a tenant for a definite period of time usually in return for a rent. The period of time must exceed 20 years or the lease must contain renewal provisions so that the total duration would extend for more than 20 years. |
Map | A graphic representation of features of the Earth's surface or other geographically distributed phenomena. Examples are topographic maps, road maps, weather maps. |
Map Detail | Buildings, structures, boundaries, physical ground features (natural or artificial), etc whose extent shape and position are defined on the map. These can be either drawn to scale or represented by symbols. |
Map Projection | A systematic portrayal of geographically distributed features from the curved surface of the Earth onto a flat surface (for example, a printed map) |
Map Tile | Square sections of map, identified by reference to the National Grid (for example, NT3179 or NT3179NW). Covering an area of 1km square at 1/2500 base scale or 500m square at 1/1250 base scale. |
Mapbase | The current mapbase used by RoS is the Ordnance map, and this provides coverage of the whole of Scotland. It is supplied in 3 base scales by the Ordnance Survey, dependent on the nature of the area: 1:1250, 1:2500 & 1:10,000. |
Mapbase Maintenance Section | The section is responsible for liaison directly with Ordnance Survey and for managing all RoS activities in relation to the Ordnance Map |