Update Property Section - Complex Dealing

Process Steps

Additional Information

8.1 Check the title sheet update field is correct or amend as necessary.

8.2 Check that the real right field is correct or amend as necessary. 

8.2.1 If the real right field says ownership or tenancy, no amendment is necessary.

8.2.2 If the real right field says proprietor change to ownership, or if it says tenant change to tenancy.

8.2.3 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.

8.3 Check the address details in the deeds under examination correspond to those within the title sheet. If any new information is included in any of the said deeds or any amendments to the address details are necessary, add a note to plans on the title workdesk.

8.4 Delete or amend any rights if appropriate to the deed(s) under examination.

8.5 Edit deed(s) for rights and add rights to property suffix field, if necessary.

8.5.1 If any references for rights need to be added to the cadastral map, add a note to plans on the title workdesk.

8.6 For CAT X1 real burdens deeds, add schedule of subsisting rights to real burdens and cross reference in suffix of property description, if applicable.

8.6.1 Add TCA property section note, if necessary.

8.7 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.

8.7.1 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.

8.8 If any amendments are required to the cadastral map or if any new information for the address details is included in any of the deeds under examination, add appropriate instructions to plans to the title workdesk, including instructions for plans to make the property description 2012 compliant, and refer to plans. 

Plans will only make the property description 2012 compliant if an alteration is being made to the mapping of a title, if the mapping is not altered then only the real right field and any natural water boundary will be updated

8.8.1 On return from plans, check the subjects description includes the cadastral unit number and the hectarage if it measures 0.5 hectares or greater than 0.5 hectares.

8.8.2 Check any references to 'Title Plan' and 'Supplementary Plan' have been updated to 'cadastral map' and either 'supplementary data ?' (tenement scenarios) or "additional cadastral map view ?" (non tenement scenarios), or amend as necessary.

8.8.3 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').

8.9 Update the proprietorship section if any of the deeds under examination provide updated information.

8.9.1 Add the company number and details to the proprietor entry if a non-natural person.

8.9.2 Remove MHA/CPA notes - if additional notes exist consider action or refer as necessary.

8.9.3 Where the title was originally registered under KIR, this may still be evident from a property section Note. If the current application for registration comprises a sale or transfer of ownership then any such KIR Note should be deleted.



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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