Clothes Poles

General

The Keeper does not provide a reference on the cadastral map for clothes poles because the true location of these is difficult to accurately determine as the information shown on deed plans is generally considered to be illustrative. The same practices are to be followed for other ancillary objects such as whirlies/whirly-gigs, satelite dishes, and aerials.

Where there are burdens or rights relating to an object such as a clothes pole, the legal settler will include these in the title sheet (either at length or by reference to the deed in the archive record). There are three common scenarios:

1. Rights and/or burdens relating to the clothes poles are set out in the deed for extent/breakaway deed and the clothes poles are shown on the plan to that deed.

• The plans settler should add an LRS Title Note drawing the legal settler's attention to the existence of clothes poles in the relevant deed in the application:
  • • "Deed x, no plans reference provided for the clothes poles referred to in that deed. Please incorporate into the archive record."
    • This process should be followed even if the extent deed is different from the breakaway deed (for example, a new plan is annexed to the DIR making the DIR an extent deed).
      
      
• The legal settler will add the relevant note to the title sheet directing the reader to the deed if they require further information on the location of the clothes poles.
  • If the rights relating to the clothes poles are included at length in the property section of the title sheet, then this wording should be added as a property section note:
    • "Further information relating to the location of the clothes poles is shown on the plan annexed to [Deed type] by A to B, registered on Day Month Year." 
  • If the rights relating to the clothes poles are included in the property section of the title sheet by cross reference to a burdens section entry, then this wording should be added as a note to the end of the entry in the burdens section for the breakaway deed:
    • "Further information relating to the location of the clothes poles is shown on the plan annexed to the aforementioned deed."
  • If there are only burdens relating to the clothes poles included in the burdens section of the title sheet, then this wording should be added as a note to the end of the entry in the burdens section for the breakaway deed:
    • "Further information relating to the location of the clothes poles is shown on the plan annexed to the aforementioned deed."

2. Rights and/or burdens relating to the clothes poles are set out in the deed for extent/breakaway deed and the clothes poles are described verbally in that deed.

This is a reasonably common scenario with properties sold off by some local authorities in Scotland.

As the clothes poles are regarded by the keeper as ancillary objects, there is no requirement for the legal settler to add the type of (property section or burdens section) note normally added when a right or burden is being included verbally since it cannot be mapped from the information supplied in the application.

• The plans settler should add an LRS Title Note drawing the legal settler's attention to the existence of clothes poles in the relevant deed in the application:
  • • "Deed x, no plans reference can be provided for the clothes poles referred to in that deed. Please include the verbal description in the title sheet."
    • This process should be followed even if the extent deed is different from the breakaway deed (for example, a new right or description is included in the DIR thus making the DIR an extent deed).
      
      
• The legal settler will include the verbal description of the right or burden in the relevant section(s) of the title sheet.

3. Rights and/or burdens relating to the clothes poles are set out in a deed of conditions over a development, but the clothes poles are only shown on the plan to the deed for extent/breakaway deed for the individual property.

This is a common scenario with properties sold off by SSHA (Scottish Special Housing Association) or their successors, Scottish Homes. The deed of conditions over the development includes provisions about clothes poles, and states that where such poles exist they will be shown on the extent deed for the individual property. Often, the breakaway will contain no burdens as they are all described in the deed of conditions, therefore the burdens section entry for the breakaway will contain only the preamble and a note referring to the clothes poles shown on the deed plan. (By following this style rather than adding a note to the end of the deed of conditions entry, we avoid having to create multiple versions of the deed of conditions on the common deeds index).

This process should be followed even if the extent deed is different from the breakaway deed (for example, a new plan is annexed to the DIR making the DIR an extent deed).

• The plans settler should add an LRS Title Note drawing the legal settler's attention to the existence of clothes poles on the plan to the relevant deed in the application.
  • • "Deed x, no plans reference provided for the clothes poles shown on the plan to that deed. Please incorporate into the archive record."

• The legal settler will add the relevant note to the title sheet directing the reader to the deed plan if they require further information on the location of the clothes poles.
  • Check to ensure there is a version of the deed of conditions on the LRS that does not refer to the clothes poles being shown on supplementary data to the title sheet (previous style). If one is not available, a new version will be needed.
  • If the rights relating to the clothes poles are included at length in the property section of the title sheet, then this wording should be added as a property section note:
    • "Further information relating to the location of the clothes poles is shown on the plan annexed to [Deed type] by A to B, registered on Day Month Year."
  • If the rights rights relating to the clothes poles are included in the property section of the title sheet by cross reference to the burdens section entry for the deed of conditions, then (i) an entry should be created in the burdens section for the breakaway deed, and (ii) this wording should be added as a note to the end of that entry:
    • "Further information relating to the location of the clothes poles is shown on the plan annexed to the aforementioned deed."
  • If there are only burdens relating to the clothes poles included in the burdens section entry for the deed of conditions, then (i) an entry should be created in the burdens section for the breakaway deed, and (ii) this wording should be added as a note to the end of that entry:
    • "Further information relating to the location of the clothes poles is shown on the plan annexed to the aforementioned deed."