31.1 Introduction

A transfer of part (TP) arises in two situations, namely (1) when a new interest subordinate to part or all of a registered interest is created (see 31.2 below TPs resulting from the Creation of a Subordinate Interest) and (2) when a new registered proprietor acquires title to part of the land held under a registered title (see 31.3 below TPs Resulting from a Transfer whereby No subordinate interest is Created). In either case, the application for registration of the deed transferring the title is made on Form 3. The result of an application on Form 3 is twofold: the relevant interest or part is removed from the title sheet for the existing registered title (the ‘Parent Title’) and a new title sheet is created for the new interest created or part transferred.

Where an application other than the creation of a new interest or a transfer of title relates to part of a registered title (e.g. a deed of restriction of a registered security, or a standard security accompanying the transfer of title) relates to part only of a registered title, the application is classed as a Dealing and should be supported by a Form 2.

31.2 TPs resulting from the Creation of a Subordinate Interest

The effect of a long lease or a long sub-lease is that two interests are created: that of the granter or lessor, who becomes the landlord, and that of the grantee or lessee, who becomes the tenant, and for whose interest a new title sheet has to be opened, regardless of whether the extent of the land covered by the grant amounts to the whole, or only part, of the land in the parent title.

31.3 TPs resulting from a Transfer whereby no Subordinate Interest is Created

TPs induced by the following forms of transfer fall into this category:

Disposition (conveyance),

Contracts of excambion of parts of registered interests,

Partial assignations of leasehold interest and

GVDs affecting part of registered subjects.

In each of these cases, the whole part is removed from the granter's title and a new title sheet opened. The examples given here are not intended to be exhaustive.

31.4 Issue of Parent Title Land and Charge Certificates Submitted with TP Application

It should not automatically be assumed that any certificate relating to the parent title being issued at same time as processing the TP should be returned to the agent who submitted the TP application.

Before issuing the Land Certificate for a Parent Title that has been updated to reflect a "small run" of Transfer of Part ("TP") applications, small developments or a single "one off" TP, legal settlers should contact (by email or telephone) the agent who submitted the most recent TP application to request details of the seller's agent. The reason for making this request is to ensure that the updated Parent Title Land Certificate is sent to the correct agent.

This procedure will not be necessary if it is possible to identify the agent acting for the proprietor of the Parent Title from an application lodged against that Parent Title.

In the event that the TP agent declines or is unable to provide the seller's agent's details, legal settlers should examine our records (LRS/EAS/BOPS etc) to find the details of the agent who last acted for the proprietor of the Parent Title.

In all cases, legal settlers should examine our Solicitors' Information/FAS records for the agents who last acted for the Parent Title proprietor/seller's agent to determine whether there has been a change of name, merging of firms, firm has ceased to practise etc

31.5 Documents Affecting the Parent Title Only Submitted with TP Application

If documents affecting only the parent title (e.g. discharge or standard security over the whole subjects, deed of conditions etc.) are lodged with the TP application, they are regarded as dealings with whole of the parent title and separate forms 2 and 4 (duly completed) against the parent title must be obtained. Care must be taken in deciding whether the TP application should be processed prior to the dealing with whole. The dealing with whole must not be backdated to a date prior to the receipt of the application forms. If the TP has been taken on, then difficulties may arise, particularly with deeds of conditions (e.g. where the deed of conditions contains rights benefiting the TP). In that instance, the title should be referred to a senior caseworker to take appropriate action.

31.5.1 Error in Parent Title number

Intake staff will create an application or applications against the parent title number or numbers quoted on the application forms. However, it may become apparent at a later stage of examination either that the parent title number quoted is incorrect or that the application does not refer to all the parent title numbers which are affected. Occasionally, the error in the application record may have been caused by RoS staff.

The procedures for amending the application are discussed at Rejection and Cancellation of applications in section 2.34 of Documents and Evidence. The general principle is that an application against a corrected or additional title number must not be given an earlier registration date than the date on which the application was amended or created. In the interests of expediency, this rule may be departed from in a limited number of circumstances. However, in each case registration staff must seek the authority of an officer of senior caseworker level or above, who will assess the level of the risk involved.

31.6 Documents Affecting both the TP Application and Other Registered Titles in the Sasine Register

Where a document is submitted which affects both the subjects in the TP application and subjects belonging to third parties (e.g. deed of servitude, minute of waiver), care should be taken to ensure that any appropriate applications are made against affected Title Sheets and/or, where necessary, recording in the Sasine Register is arranged.

Table of Contents

31.7 Dealings with Whole over Parent Titles

Many different types of dealing with whole can be submitted against parent titles. A selection of the most common is included below, together with the action to be taken.

31.7.1 Disposition of the Whole of the Subjects in a Parent Title

Unless there is some indication to the contrary within the deed, it can be assumed that everything in the parent title, at the date of registration of the DW, is being transferred. Subjects in TPs registered prior to the DW are automatically excluded from the DW over the parent title, unless the TP proprietor is a party to the deed.

31.7.2 Standard Security over the Parent Title

In cases where a plan is submitted or there is a verbal description of part of the subjects in the parent title, the DW should be submitted to the plans section for 'ident'. Plans will then confirm exactly what is affected in relation to the parent title by the security.

(1) If plans confirm that the security is over an extent coextensive with the parent title, and no intervening TP applications have been received, there is no need to make any alterations to the application notes and instructions.

(2) When plans confirm that the security affects only part of the parent title, action must be taken to aid the production of accurate reports. The ‘subjects’ box of the application workdesk will be amended to show that only part of the subjects is affected. This is an indication to a Reporter that a check must be made of that application as to whether the subjects being reporting upon are affected by that particular DW. Details on how the standard security is reflected in the title sheet are given in section 9.(8).1 of the charges section (standard security over part of registered subjects).

(3) When plans advise that the standard security affects subjects which fall either partly or wholly outwith the parent title, further action must be taken by legal staff to ensure the deed is recorded/registered against the correct subjects.

31.7.3 Deed of Conditions over Parent Title

Almost invariably, the deed will contain a plan. The DW is therefore passed to plans for ident, where similar action is taken in the event of the points detailed at (1) to (3) above. In the event that there is no deed plan, the deed of conditions will be given effect to in relation to the whole subjects remaining in the parent title as at the date of receipt, unless this is clearly at variance with any verbal description in the deed.

31.7.4 Variation of burdens (see also Discharge and variation of burdens)

Discharges of real burdens, or formerly minutes of waiver, are more commonly registered for the burdened proprietor’s interest and in these cases, if a parent title is affected, it is sufficient to find out from the plans section whether the benefited proprietor's interest is registered. If the benefited proprietor's interest is registered, the agent should be approached and advised of the desirability of the DW being registered against both interests. If the agent refuses, the application should proceed against the burdened proprietor's interest only.

If the burden being varied has been created since 28 November 2004 then, in terms of section 105 of the Title Conditions (Scotland) Act 2003, the benefited proprietor's title sheet requires to be updated whether or not an application has been submitted against that interest. If that interest is registered a DW (or TU) application should be created to effect this change. If the benefited proprietor's interest is not registered, a search sheet for their interest should be traced and a note in the following form added to it.

'Discharge of burden/Minute of waiver' registered (date) affects subjects [postal address] in (Title Number)’

31.8 Legal examination

31.8.1 General

From a procedural point of view, TPs can be split broadly into two categories,

(1) those out of developing titles and

(2) ‘one-off’ TPs.

Developing titles

Developing titles can be defined as larger developments by building companies. The first transfer is considered by a senior officer and a settling style set up, instructing the settlers to settle the subsequent TPs by means of guidelines contained on a record card. It is the responsibility of the legal settler to edit the breakaway deed for their title, taking account of general guidance given.

One Off TPs

Under this heading fall leases of whole, sales of small parts of garden ground, separate garages, one flat being split into two etc. Small developments where the production of a record card would be superfluous (as the number of ensuing TPs would be small) are also included in this category.

The registration procedures for one-off TPs differ from those relating to first registrations, the most obvious difference being that, as a TP is a dealing with registered land, no examination of prior deeds and prescriptive progress of title, and no reference to the search sheets is necessary.

All the information relating to the granter's title is set out in the parent title land certificate, provided that such land certificate represents the updated title sheet. It follows, therefore, that the granter's right to sell, convey lease etc. can be established without further investigation, if the granter in the deed of transfer is the same as the registered proprietor shown in the title sheet, or if the granter is not the registered proprietor and proper links in title are lodged in support of the granter's entitlement.

Broadly speaking, any matters appearing on the title sheet of the parent title which affect the part transferred are carried forward and set out in the new title sheet, along with any new entries created by or arising from the deed of transfer. A notable exception to this is the entry of any rights referred to in the property section of the parent title which are not conveyed in the deed of transfer. (See also Rights in TPs ).

31.8.2 Property description

Plans staff assume responsibility for the property description in the property section, and this should not be altered in any way without consultation with the plans registration officer. Legal registration officers should ensure that consistency in the style of property description is maintained. With transfers from developing titles the style is set at first removal stage by the senior registration officer in TP support.

All other entries on the title sheets (e.g. rights) created by reason of the information supplied by plans section are the responsibility of the legal registration officer.

31.9 Completion of the TP Title

All entries in the title sheet of the parent title, and all matters referred to in the deed of transfer and other deeds lodged with the TP Application, in conjunction with the information supplied by plans staff, must be considered. In the case of developing titles, the registration officer is given precise guidelines on how to complete the registration.

The registration officer must check that all pending DW applications over the parent title prior to the date of registration of the TP have been examined. Appropriate instructions as to what action, if any, the registration officer should take will be noted on the record card relevant to the parent title for those applications that stem from a developing title.

Following the Lands Tribunal's decision in the case of PMP Plus Limited -v- the Keeper, the Keeper's policy on common areas within developments changed in relation to all new developments. A new development is one where the first split-off Disposition of an individual property is presented for registration on or after 3 August 2009.

The Lands Tribunal determined that it is not possible either in terms of property law or registration law to create rights in open areas where the identification of those areas is dependent on a future uncertain event, and that where a disposition or title sheet contains such wording, the wording is meaningless and ineffective and no rights are created.

Developments should therefore be dealt with as follows:

Existing developments

If any property in the development has been recorded in the Sasine Register (e.g. within LSVT titles) or registered in the Land Register prior to 3 August 2009, the Keeper's existing policy will continue to apply. This means that the Keeper will continue to reflect in the Title Sheets the terms of the conveyancing in relation to common areas even where the extent and location of common areas is dependent on a future uncertain event. This will ensure consistency within existing developments.

New Developments

If the first split-off Disposition of an individual property within the development is presented for registration on or after 3 August 2009 and seeks to convey rights in common areas, the identification of which common areas is dependent on a future uncertain event, the Title Sheet will only reflect the terms of the conveyancing in relation to common areas where the identification thereof does not depend on a future uncertain event.

A future uncertain event may be defined as, for example, the final completion of a development at some unspecified time in the future. The timescale for completion is unlikely to be known when individual properties within the development are first sold off. Similarly the eventual extent of the open areas may be unknown at the time of granting of the earlier Dispositions - the developer may build more or less properties than originally intended.

31.9.1 Property section

For developing titles, guidance will be given on the record card.

(i) Date of First Registration - This is the date of first registration of the parent title as noted in the property section of the parent title. (Note that it is not the registration date of the current application).

(ii) Enter rights etc. created by the deed of transfer. This may involve a cross-reference to rights etc. set out in a deed of conditions in the burdens section.

(iii) Notes from the property section of the parent title, insofar as affecting the subjects transferred, may have to be carried forward to the new title (e.g. minerals and boundaries notes).

If there is no record card, or for new developments (as defined above) the situation may be different. If the Disposition seeks to convey rights in common areas, or purports to do so by cross-reference to a Deed of Conditions, and the identification of such common areas is dependent on a future uncertain event, the registration officer must follow the instructions in Amenity and Common Areas in Developments .

31.9.2 Proprietorship section

The proprietor should reflect the deed and follow the fuller guidance provided in chapter 8 that covers this section.

Note: Most developers of parent titles are companies, local authorities or housing associations, and in such cases an MH1 note will be entered without the need for supportive evidence. If sales are by builders or developers who are individual persons, the MH1 Note should also be noted without further evidence being sought.

31.9.3 Charges section

(i) Guidelines relating to securities over developing titles will be included on the record card. If the necessary evidence regarding the discharge of an outstanding security is not submitted then the procedures set out in the requisition policy should be followed.

(ii) Floating charges on the parent title can be ignored, provided that the agent has certified on Form 3 that neither of the events which lead to the ‘crystallisation’ of a floating charge on heritable property have occurred, i.e. appointment of a receiver or liquidator. This information can be obtained from the answer given to question 4 in part B of Form 3.

(iii) Notice of payment of grants etc. on Parent Title. If subjects transferred are affected, and the conditions still subsist, the entry must be carried forward.

(iv) Enter new standard security(ies) with schedules (as appropriate).

31.9.4 Burdens section

For transfers from developing titles guidance will be given on the record card.

(i) All entries on the parent title will be carried forward to the new title, so far as they affect the subjects transferred, and are still subsisting. Care must be taken to ensure that the heading, text and notes carried forward are appropriately amended to suit the circumstances.

(ii) If the deed of transfer contains new burdens, these will be the subject of a new entry in the Burdens Section of the TP Title and it is the responsibility of the individual settler to reflect these, whether or not there is a record card from a developing title.

31.10 Updating of Parent Title

The title sheet of the parent title must be updated to reflect every removal of an interest or land therefrom. It is the responsibility of the legal officer to update the parent title when processing a one-off TP, whereas when there is more than one TP the updating should be done on completion of the final TP. Updating may comprise the following:

(i) General removal entry or additions to existing schedule of leases/exceptions.

(ii) Amendments to the property description.

(iii) Rights, servitudes &c. granted and/or reserved in the deed of transfer, may have to be entered as burdens or for the benefit of the subjects/interests remaining in the parent title.

(iv) Amendment to the designation of the registered proprietor(s).

(v) Partial discharges

(vi) General entries in respect of rights of lessees.

(vii) Deletion of entries which no longer subsist and/or which do not affect the interest remaining in the parent title (e.g. notices of payment of grant which have been carried forward to the TP title for the part they affect).

There are several types of removal entries to be entered on the parent title. The type used is dependent on the deed of transfer, the interest/land being dealt with and the nature of the development.

Any existing schedule of feus in the property section of a parent title sheet should not, in general, be amended.

31.11 This section is absent from the original manual

31.11.1 Dispositions of Land

The parts transferred will be ‘greened out’ on the parent title plan. On the first disposition of part, the legal registration officer will give the instructions for the following note to be entered in the property section.

‘Note: The parts edged and numbered in green on the Title Plan have been removed from this Title.’

No further instructions in respect of subsequent removals by way of dispositions of land are required. An additional note may be required where ‘rights in common’ in other parts is included in the parts transferred.

31.11.2 Partial Assignations of Leasehold Subjects

The instructions in the immediately preceding paragraph also apply.

31.11.3 Dispositions of Parts of Buildings (e.g. flats etc.) in a parent title

A ‘green out’ entry is not appropriate, as it would suggest the whole building had been removed. Instead the whole building will be numbered in green on the parent title plans and/or a verbal reference will be used. These removals will be shown on the parent title sheet by way of a note and a schedule of removals on the following lines:

‘Note: The parts specified in the Schedule of Removals below have been removed from this Title.’

SCHEDULE OF REMOVALS

Entry No.

Number in green on

the Title Plan

Subjects

Date of

Registration

1

1 (part of)

northmost first floor flat of Tenement 2 Castle Green

10 Jul. 1985

Any subsequent removals will be added to the schedule. Where it is anticipated that all parts of the buildings will be transferred, a temporary schedule should be prepared. On registration of the last part of the building, plans will ‘green out’ the whole building. A removal entry, as in Dispositions of Land (31.11.1), should then be entered in the property section and the relevant part of the temporary schedule deleted e.g.

SCHEDULE OF REMOVALS

Entry No.	Number in green on the Title Plan	Subjects	Date of Registration
1	1 (part of)	northmost first floor flat of Tenement 2 Castle Green	10 Jul. 1985
2	1 (part of)	southmost first floor flat of Tenement 2 Castle Green	12 Aug. 1985
3	1 (part of)	northmost ground floor flat of Tenement 2 Castle Green	4 Jun. 1986
4	1 (remainder of)	southmost ground floor flat of Tenement 2 Castle Green	9 Jul. 1987

This schedule is known as a temporary schedule of removals whilst the only entries on it are 1, 2 and 3. When entry 4 is submitted, the plans officer will inform the legal settler that the southmost ground floor flat comprises the remainder of the area. The subjects will then be edged and numbered in green. At this point the temporary schedule can be deleted and the removal note in Dispositions of Land above substituted.

Where, however, the parent title comprises a tenement steading, the green out method will not normally be used. The schedule, therefore, forms a permanent record of removals, which will be incorporated into the property section of the parent title when updated. In this case, the removal of the final flat is not reflected in the schedule, but by the closing of the parent title and continuation under the new title number of the last removal.

See also Rights in TPs.

31.11.4 Partial Assignations of Parts of Buildings in a Leasehold Parent Title

The instructions in Dispositions of Parts of Buildings above also apply.

31.11.5 Leases of Land

The part leased will be ‘yellowed out’ on the parent title plan. These Leases will be shown on the parent title sheet by way of note and schedule as follows:

‘Note: The parts edged and numbered in yellow on the Title Plan have been leased - for particulars see Schedule below.’

SCHEDULE OF LEASES

Entry No.

No. on

Plan

Tenant

Date of

Registration

Term

Rent

1

1

Car Repairs

Limited

1 Feb. 1984

21 years

from

Whitsunday

1986

£3000 per annum

with review

every three

years

Any subsequent leases will be added to the schedule.

31.11.6 Leases of Parts of Buildings (e.g. shops etc.) in a parent title

A ‘yellow out’ is not appropriate. The whole building will be numbered in yellow on the parent title plan or a verbal reference will be used. These leases will be shown on the parent title sheet by way of a note and schedule as follows:

‘Note: The parts numbered in yellow on the Title Plan have been leased - for particulars see Schedule below.’

SCHEDULE OF LEASES

Entry No.

No. on Plan

Subjects

Tenant

Date of

Registration

Term

Rent

1

1 (part of)

ground floor shop Unit 5

F and G Limited

2 Feb. 1984

6 Nov. 1983
to 30 Nov. 2010

£1000 per annum

Any subsequent leases will be added to the schedule.

Although the above illustrations of removal entries should be suitable for most TPs, there will be occasions where entries will have to be devised to meet particular cases, e.g.

- where there are supplementary plans to the parent title plan to show extents of different floor levels and the removals/leases therefrom;

- disposition of a split villa; and

- disposition of an interest in a roof space.

In any of these cases, the removal entry must be approved by a senior legal registration officer who will, if necessary, confer with his or her counterpart in plans.

31.12 Rights in Common

As well as disponing/leasing/assigning subjects/interest, the deed of transfer frequently grants rights of property in common with adjoining proprietors etc. in other parts of the subjects in the parent title e.g. solum of buildings, roads and footpaths, amenity areas etc. In some cases, an all-embracing phrase is used as

‘all those subjects included within the development as are unbuilt upon and not disponed or to be disponed’.

These rights of property have the effect, on completion of a development, of removing such land from the parent title. It is necessary, therefore, for the parent title sheet to reflect the removal of such rights of property and to identify the parts of subjects so affected. In some instances, plans will be able to reference such parts; in others, it will be necessary to follow the text of the writ. The removal entries may take the form of additional notes in the property section (or additions to notes referring to schedules of breakaways) or additional entries in the schedules of removals etc.

In terms of the Keeper's updated policy for new developments where all of the spilt-offs were registered on or after 3 August 2009, rights in common areas which are identified by reference to a future uncertain event will no longer be included in TP Title Sheets. It follows therefore that, as such rights have not been removed from the Parent Title there will be no reference to these rights in the Parent Title Sheet.

The forms of note and wording will depend upon circumstances. The following are offered as examples:

Example No.1

‘Note 1: The parts edged and numbered in green on the Title Plan have been removed.’

‘Note 2: The Dispositions of the subjects edged green on the Title Plan each include the common rights in the Development as defined in the Deed of Conditions in Entry X of the Burdens Section.’

Example No.2

‘Note 1: (as Note 1 above).’

‘Note 2: The Dispositions of the subjects edged green on the Title Plan each include the rights in common specified in the Deed of Conditions in Entry X of the Burdens Section.’

Example No.3

‘Note 1: (as Note 1 above) .

Note 2: The rights of exclusive, common and mutual property effeiring to those parts in terms of the Deed of Conditions in Entry X of the Burdens Section have been removed therewith’.

The parent title will only be sent for updating after it can be ascertained that the TP Title has been completed and issued. On completion of the last TP from a developing title the parent title will be updated. When dealing with one-off TPs the parent title will be updated concurrently.

Detailed Procedures and Practices

31.13 Description of subjects

The description in the deed of transfer of part must be sufficient to enable the part to be identified (most commonly a plan is submitted) and the deed of transfer must also bear the title number of the granter's interest. Sections 4(2) and 15(1) of the 1979 Act and Rule 25 and Note (a) to Schedule B of the 1980 Rules contain the statutory requirements for the description.

The deed of transfer of part should normally describe the subjects as part of the granter's subjects using a description in accordance with Section 15 (1) of the 1979 Act. Any subsequent deed describing the part transferred must, in terms of Section 4 (2) (d), bear a reference to the title number of the TP title sheet. In cases where that deed, or any subsequent deed, is executed before the new title number is known, the Keeper considers that the requirements of that section will be met if the deed sufficiently describes the individual part and bears the number of the parent title sheet. The most satisfactory course is to repeat the description contained in the transfer of part, but a common law description of the breakaway subjects will not be rejected.

A description which refers to a plot number on an estate plan approved by the Keeper will be acceptable, provided that such approval has not been withdrawn as at the date of registration of the transfer (further details on estate plan approval are at Estate Layout Plans). A plan should still be attached to the deed and reference made to the title number of the builder's title.

31.14 Plans attached to documents

The phrase ‘demonstrative and not taxative’ in the text or on the plan, in any writ conveying part of a registered interest, is not acceptable. Plans have standing instructions to deal with the situation where these words are used, if this has not been addressed the case should be referred back to the officer concerned.

All plans attached to and referred to in any writ must be executed by the parties executing that writ.

31.15 ‘Exclusive Use’ of Premises

When a TP also grants the ‘sole use’ or ‘the exclusive use’ or ‘an exclusive right of user’ of other premises such as a W.C., coal shed, garage, car-parking space, washhouse or ash-pit etc., the grant does not constitute a servitude. Unless the context clearly suggests otherwise, such wording operates to dispone the premises in question but not the air space above them or the ground or other parts of the structure beneath them.

When dealing with such grants, the premises will not be included within the red edging on the new title plan, but will be referenced separately thereon. The premises in question will, however, be included in the new title sheet by using the phrase ‘together with’ following the description of the property and then incorporating, if possible, the words of the transfer referring to the premises to be exclusively used, e.g.

‘20 OBSERVATORY ROAD, RENFREW, edged red on the Title Plan, together with the exclusive right to use the wash-house tinted pink and the coal shed tinted yellow on the said plan.’

Plans will normally make the entry in the property section of the draft title sheet when completing the case. Where, however, the rights exclusively granted are intermingled with other rights or are complex and lengthy, plans will not make the entry in the property section but will inform legal of the references to be used accordingly. It will then be the responsibility of the legal registration officer to edit in the rights from the transfer.

It follows, therefore, that such exclusive rights must be excluded from the parent title. This is effected by tinting the premises in question on the parent title plan and entering the following note in the property section.

‘Note: The exclusive right to use the washhouse tinted blue on the Title Plan has been removed from this Title.'

The ‘green out’ method is not appropriate as it would infer that the ‘whole land’ has been removed.

31.16 Mines and minerals

The position regarding minerals is often obscure. The 1979 Act provides that there is no entitlement to indemnity in respect of minerals, unless the title sheet expressly includes them (section 12 (3)(f)). It is important, therefore, that consideration be given to any notes on the parent title sheet in respect of minerals and also to any express exception or inclusion of minerals contained in a TP. The instructions below should be read in conjunction with Chapter 20 - Minerals .

The following schedule lists possible combinations of situations that may arise, with regard to information about minerals contained in the parent title and the deed of transfer. The procedures to be adopted by the legal registration officer are set out in the third column thereof.

Parent Title		Deed of Transfer	Procedure
1	Silent	Silent	No action. (Minerals will be included sub silentio if granter of parent title has right thereto). No notes on TP title sheet are required.
2	Silent	Reservation of minerals by granter	Usual note re exception and entry required on TP title sheet. Refer to senior registration officer (legal) on disposition of last plot from parent title or before issue of Land Certificate.
3	Exception of minerals	Silent	Carry forward note and entry from parent title to TP title.
4	Exception of minerals	Reservation of minerals by granter	1) Carry forward note and original D section entry from parent title to TP title. 2) A section Note on new title to include reference to new transfer. 3) D section entry on new title re reservation of minerals required
5	Inclusion of minerals	Silent	Minerals will be included in TP title sub silentio. No notes required on new title. Refer to senior registration officer (legal) on disposition of last plot from parent title or before issue of land certificate to parent title.
6	Inclusion of minerals	Inclusion of minerals	Include minerals in new title but only on authority of a senior caseworker.
7	Inclusion of minerals	Exception of minerals	Include usual note and entry on title sheet. Refer to senior caseworker on disposition of last plot or before issue of land certificate of parent title.
8	Silent	Inclusion of minerals	Refer before examination to senior registration officer (legal).
9	Exception of minerals	Inclusion of minerals	Refer before examination to senior registration officer (legal).

The inclusion or exception of minerals in a deed of transfer may be qualified by the words ‘if any’ or ‘so far as we have right thereto’. The use of such words detracts from the certainty of the existence of the minerals or rights thereto and therefore in the absence of other evidence, the title sheet should remain silent as to any inclusion while containing the appropriate note and entry as to any exception.

Where, in a parent title, there is no reservation of the minerals in the property section but there is a mineral reservation in a deed of conditions affecting the subjects, or in the conveyances (dispositions) from the parent title, a note, similar to the examples given below, should be included in the property section of the parent title.

Where the reservation is contained in a Disposition

‘Note: The parts edged and numbered in green on the Title Plan were removed from this Title under reservation of minerals.’

Where the reservation is contained in a Deed of Conditions

‘Note: The Deed of Conditions in Entry ... of the Burdens Section contains a reservation of minerals. The parts edged and numbered in green were removed from this Title subject to the said reservation.’

Where nothing else remains in the parent title, there is the possibility that a title to the minerals exists. In such a case, the agent who acted for the last proprietor of the parent title should be contacted and advised that should they wish a registered title to minerals, they should submit an application for the same. The normal evidence as set out in the minerals section of the manual should accompany the application. Should such evidence not be provided the agent should be advised that their parent title will be closed.

31.17 Rights and Servitudes

All rights and servitudes in TPs (properly constituted in terms of current legislation) fall to be entered in the property section of the title sheet of the benefited property and, unless otherwise stated, are ‘guaranteed’ by the Keeper to be subsisting and enforceable. That ‘guarantee’, however, relates only to the constitution of a servitude, not to its continued exercise. The Keeper cannot and does not ‘guarantee’ that the rights will remain enforceable forever and that they will not be lost by some future event, such as the running of negative prescription or compulsory acquisition of the subjects burdened by such rights.

The rights already entered on the parent title, either at length in the property section thereof or by reference to an entry in burdens section, such as in a deed of conditions, should be repeated at length in the transfer to the purchaser of only a part. Therefore, agents should be advised in answer to any preliminary enquiry regarding this situation to set out at length in the transfer the rights that are to be carried with the part sold.

However, when dealing with the practicalities of registering TP titles, the Keeper adopts a pragmatic and flexible approach: when it is clear that there is no risk of an indemnity claim, nor any risk to third parties involved, the Keeper will often accept evidence of rights which falls short of traditional conveyancing standards. Much depends upon individual circumstances, but the following paragraphs outline the main areas where it is appropriate to exercise discretion in conferring rights (and see also Amenity and Common Areas in Developments ).

31.17.1 Rights in Deeds of Conditions

There is some doubt whether or not rights set out in a deed of conditions are validly constituted if they are imported in a transfer merely by reference to the deed of conditions. In practice, the keeper will accept a description of rights by reference to a deed of conditions, even although it is not authorised by statute (the statutory description by reference in Section 61 of the 1874 Act having been disapplied by Section 29 (3) (a) and Schedule B of the 1979 Act).

The Keeper has decided that when the Settler is satisfied that the agent intends to convey rights with a TP, then the rights can be shown in the TP title sheet, even if in legal terms they have been improperly constituted. Often, but not invariably, an Affidavit will be required.

If, however, the Deed of Conditions referred to describes the common areas in which rights are purportedly granted by reference to a future uncertain event, the instructions in Amenity and Common Areas in Developments must be followed when the TP forms part of a new development.

31.17.2 Use of Affidavits to Confirm Transfer of Rights

When doubt exists as to what rights are to be included, an affidavit should be obtained. It should be granted by the seller personally (not an agent or the purchaser). An affidavit by the developer and attested by the party authorised to sign documentation on behalf of the company e.g. director, company secretary but NOT the solicitor acting on behalf of the company, on the occasion of the first transfer in a uniform development, stating the rights which will pass with every TP, will be acceptable and will avoid the need to requisition repeated affidavits. Guidance will be given for transfers from developing titles on the record card.

(Note: The use of affidavits is authorised by Rule 19 of the 2006 Rules).

The following illustrations show the practical effect of the Keeper's decision.

EXAMPLE	COMMENT
(a)The breakaway refers to a registered deed of conditions which identifies the breakaway subjects either specifically, e.g. as flat 3 of a block of 8 flats shown on the deed plan, or as one of X numbers of houses, all of which have the same rights and obligations.	No doubt exists so the rights should be included by reference in the ‘A’ Section.
(b) The breakaway deed refers to a deed of conditions in a phrase such as ‘together with such rights as are appropriate…’	Obtain affidavit only if there is doubt.
(c) The breakaway simply refers to e.g. 'all the rights contained in title number REN 1234’.	Obtain affidavit only if there is doubt.
(d) The breakaway refers to e.g. ‘such rights as are relevant’ in the parent title.	Obtain affidavit only if there is doubt.
(e) The subjects in the parent title are a number of flats in several tenement steadings; the flats are individually identified in a schedule but under the composite description in the ‘A’ section where the whole subjects are ‘together with a right in common…’ to the solum of each tenement, each back green etc. The DIR in the TP of one flat says ‘together with the common rights pertaining thereto as described in said title number REN 1234’.	It is acceptable practice for the TP settler to insert a suitably edited version the parent title ‘A’ section into the TP title. However, an affidavit should be obtained to clear up any points of doubt.
(f) As in (e) but the DIR in the TP fails to include the ‘together with’ clause.	Obtain affidavit
(g) The parent title includes rights, e.g. access by various roads in the development, drainage etc. The TP DIR makes no mention of rights.	Consult agent - if rights pass, obtain affidavit

Notwithstanding the above, general advice to agents must remain as stated in Rights and Servitudes, namely, that rights intended to pass should be set out at length in a TP conveyance.

N.B. The information that the Keeper will accept affidavits, in lieu of the formal constitution of rights, should not be volunteered in answer to queries of a general nature.

Rights will never be indemnified, however, if it can be seen that the granter has no title to the subjects over which the rights are granted (i.e. where the servient subjects fall outside the parent title or the subjects have been previously removed from the parent title with no corresponding reservation) the rights would normally be omitted. However some investigation may be necessary and in such a case the application should be referred back to the officer who prepared the record card.

31.17.3 Rights of a trivial or obvious nature

No entries are required on either the dominant or servient title sheets for rights which are of a trivial or obvious nature. Examples of such rights are:

- rights of way over adopted roads

- rights of drainage that are undefined (or ill defined and vague) on the deed plan

31.17.4 Burdened Property

A servitude right created on a transfer of either the burdened or benefited property requires to be dual registered against both interests in accordance with the requirements of the Title Conditions (Scotland) Act 2003 to be properly constituted. Prior to the commencement date of said Act it was possible for a servitude to exist as an overriding interest against the burdened property and could be noted on the title sheet for that property.

For practical purposes, duly constituted servitudes will always be included in the burdens section of the burdened property title sheet, irrespective of the method of constitution. In this way, it will be ensured that the right is not overlooked when dealing with a transaction involving the benefited property.

Servitudes likely to be encountered in connection with TPs, whether constituted by formal deeds or otherwise, are discussed in the part of the Manual under Overriding Interests. The Settler should always refer to the section when dealing with applications on Form 5 (e.g. pre title conditions deeds of servitudes affecting the burdened property).

31.18 Burdens and counterpart rights

Provided the legislative requirements for the creation of real burdens are complied with all new burdens validly constituted in a TP are set out in the burdens section of the TP title sheet and an entry added to the schedule of enforcement rights in the property section of the parent title.

When dealing with TPs, the situation frequently arises where there are reciprocal rights and burdens affecting both the subjects disponed and also the subjects (or part(s) thereof) remaining in the parent title. Both title sheets will therefore require entries in both the burdens section and also a schedule of enforcement rights in the property section.

If, on the registration of subsequent TPs that are affected by burdens against the parent tile created in earlier TPs, the subjects therein are not disponed subject to the earlier burdens, the reciprocal entry will nevertheless automatically be imported from the parent title sheet into the dispositions, by virtue of the reference to the parent title number in the descriptions thereof. The question of the omission of the burdens in the TPs however, must always be taken up with the applicant's agents, who, if possible, should be persuaded to rectify the omission.

Different considerations apply to leases - see section 31.19 below.

The preceding paragraphs contain general rules which should be followed in the straightforward case. Statutory, and more frequently, practical considerations dictate departure from these rules in certain cases, particularly where burdens and rights were created in deeds registered prior to 28 November 2004. For some of the practical considerations see the following paragraphs and also Developing Titles and the Production of Record Cards in Respect Thereof below.

Prior to the introduction the Title Conditions (Scotland) Act 2003 on 28 Nov. 2004, burdens created in recoded or registered deeds were, at that stage, personal against the granter and did not become real until the burdened subjects were conveyed subject to these burdens. However, as the Keeper had already guaranteed the rights by entering them in the new title sheet for the part transferred, an entry of the counterpart burdens in the parent title sheet ensured that they are not overlooked when dealing with the subsequent transfer(s) of the burdened parts.

The following style of entry may have been used or adapted to meet the circumstances of each individual case:

Disposition by A to B registered ... of the part edged and numbered ... in green on the Title Plan contains the following rights which are burdens on the subjects [plans reference] remaining in this Title.

Conversely, if a TP contained burdens which were reciprocal rights in favour of the land remaining in the parent title, the burdens would have been entered in the burdens section of the new title sheet and also set out as counterpart rights in the property section of the parent title sheet and as an entry in the burdens section as follows:

Example of Note in A Section

Note 2: The Disposition in Entry ... of the Burdens Section contains reservations in favour of the subjects [Plans Ref.] [remaining in this Title].

Example of Entry in D Section

3. Disposition by A to B registered .... of the part edged and numbered ... in green on the Title Plan, contains the following reservations in favour of the subjects [plans reference] [remaining in this Title].

Certain dispositions contained rights in favour of both the parent title and the TP in addition to burdens that created reciprocal rights. In such cases an entry along the following lines may have been used:

Disposition by A to B registered ... of the part(s) edged and numbered in green on the Title Plan contains the following rights and burdens which affect the subjects in this Title (or the subjects [plans reference]).

The note in the A Section above should also be used.

31.19 Effect on Parent Title Sheet of Burdens in Leases

In view of the terms of Section 12(3)(m) of the 1979 Act, no attempt will be made to disclose on a landlord's title sheet any of the conditions of lease which he has a right to enforce, or obligations in favour of the lessee which he undertakes.

There will, however, be inserted in the burdens section an entry in the following form:

The rights of the tenants under the Leases specified in the Schedule of Leases in the Property Section are burdens on the subjects in this Title.

Any rights granted in leases over unleased parts of the landlord's title should be noted on a temporary schedule, in order to ensure that the relevant counterpart burdens are imposed in the lease of the affected subjects when the latter comes to be registered.

31.20 Leasehold Interests

Prior to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985, which came into effect on 30 December 1985, there was considerable doubt as to whether conditions, other than those which were created and run with the lands in terms of the original Lease, could be validly created in any subsequent deed such as an assignation or a deed of conditions.

In view of those doubts and other considerations, any conditions set out in a partial assignation or imported from a deed of conditions were inserted in the burdens section and qualified by the following note to such entry:

'Note: The subjects in this Title being Leasehold, the foregoing conditions have not been validly created real conditions’.

Section 3 of the 1985 Act removes the doubt referred to above and provides that it shall always have been competent to impose conditions in an assignation or deed of conditions affecting leasehold property. The effect of Section 3 is that conditions in assignations and deeds of conditions affecting leasehold property are treated in the same way as conditions in dispositions or deeds of conditions affecting property in outright ownership.

When a settler is handling a TP, where the existing title sheet of a parent title contains the note referred to above, such note should be removed and the record card relating to that parent title amended accordingly.

Many Leases contain rights of pre-emption which are exercisable on each occasion that the lease is assigned. Although this right, being a burden, will continue to be shown in the burdens section no evidence need be sought that the right has been waived and indemnity will not be excluded. Similarly, the following examples will also be considered merely as conditions of the lease:

intimation of securities to the landlords,

the consent of the landlords being obtained to the effect of accepting an assignee of the previous tenant and

automatic termination of leases on sequestration &c. of the tenant.

31.21 Securities over Part of Registered Titles

The general rule in registration of title is that anything entered or noted in the title sheet affects the whole subjects in the title sheet, unless there is an express statement to the contrary. Consequently, where a security is over only part of the subjects in a title sheet, the part in question will require to be identified in the relevant entry either by reference to the title plan or verbally as appropriate, viz.

‘Standard Security for £… by said AB to CD (design) over the part tinted pink on the Title Plan [or over the north house on the top flat ...]’.

Consideration should always be given to allocating a new title number for the part affected by the security, where it is anticipated that that part is to be separately dealt with in the near future, e.g. a building estate to be developed in phases (see also Split Titles or Sub-Division of Parent Title ).

31.22 Deeds of Restriction/Disburdenment lodged with TP or subsequently

The part transferred will be removed from the parent title sheet to the TP title sheet and no mention of the standard security or of the deed of restriction/disburdenment will be made thereon. The deed of restriction/disburdenment will be archived only under the TP title number.

As the subjects no longer remain in the parent title, no entry is necessary on the parent title sheet.

31.23 Deeds of Restriction/Disburdenment Lodged Prior to Transfer of Part Application

In principle, a separate plans reference or verbal description is required for identification of the part disburdened and a footnote added to the relevant entry of the standard security on the parent title sheet. This will thus maintain the up to date position of that title sheet by showing that the security no longer affects the whole subjects in the Title viz.

‘Note: The part tinted pink on the Title Plan [or the north house on the top flat X] was disburdened of the Standard Security conform to Deed of Restriction registered ...’

In practice the TP application is usually lodged soon after the deed of restriction, so making the foregoing procedure unnecessary.

The Application for registration of the deed of restriction/disburdenment should be on Form 2 and it will attract the appropriate fee.

If the procedure in the first paragraph above has been carried out and, subsequently, the disburdened subjects are transferred to a new title sheet, the footnote should be removed as it is no longer appropriate to the parent title sheet. A next application note should be added to highlight that any plans references referred to in the removed footnote and not mentioned elsewhere in the parent title sheet must, of course, be expunged from the title plan once the footnote is removed or the security discharged.

31.24 Partial Discharges and Deeds of Restriction

When a registered security over the parent title is partially discharged as well as restricted, appropriate particulars must be entered as a footnote to the relevant entry of the standard security on the parent title sheet, viz.

'Note: The above Standard Security was discharged to extent of £... conform to Partial Discharge registered ...’

A note will always be entered in the above form, whether the partial discharge forms part of a combined partial discharge and deed of restriction lodged in connection with a TP, or whether it is a simple partial discharge.

For a simple partial discharge, a Form 2 is required and it attracts the appropriate fee. If a combined partial discharge and deed of restriction accompanies the TP application, a separate application on Form 2 is needed in order to give effect to the discharge element of the deed on the parent title sheet; a separate application number is allocated to this Form 2 application.

The situation is equivalent to that pertaining upon first registration, when the FR application is accompanied by a discharge covering other (unregistered) subjects and so falls to be recorded in the Sasine Register.

If an application to register a combined partial discharge and deed of restriction is lodged on its own, enquiries should be made to ascertain whether or not the relevant TP application has been or will be lodged for registration. If the TP application will not be made in the immediate future, the effect of both elements of the combined deed on the security will be entered on the title sheet in the form of footnotes to the relevant entry as prescribed in the note above and the note in Deeds of Restriction/Disburdenment Lodged Prior to Transfer of Part Application.

When the registration of the TP eventually takes place, the footnote as to the deed of restriction only will be removed as it relates to subjects no longer in the parent title sheet.

31.25 Assignations of part of Standard Security

Where the creditor assigns part of the security, the footnote to the relevant entry will be:

‘Note: The above Standard Security was assigned to AB (design) to the extent of £… conform to Partial Assignation registered ... ‘

The designation of the original creditor will remain.

Where an assignation of the security and a partial discharge of the sums thereby secured are combined in a single deed, the relevant footnote will be:

‘Note: The above Standard Security was (a) assigned to AB (design) to extent of £… and (b) discharged to the extent of £…, all conform to Assignation and Discharge registered ...’

The designation of the original creditor will be cancelled if the whole amount has been accounted for.

31.26 Discharge of Whole or Deed of Restriction Disburdening Residue of Parent Title

Where the whole of the registered subjects are disburdened of the security, this event will be treated and dealt with in the same way as a discharge in full i.e. by removal of the entry relating to the security, and cancellation of the relevant charge certificate.

31.27 Record cards

The record card is a general guide that sets out clear and concise directions as to the methods of examination to be followed, and entries to be made, on title sheets of TPs out of the same parent title. By following the instructions thereon, all land certificates out of the same parent title can be prepared in similar form.

Once prepared, the record card enables all TPs covered thereby to be dealt with by registration officers.

31.28 Record Card Information

The record card contains information and instructions as to

Date of first registration of parent title.
The entries on the parent title sheet which must or must not be carried forward to the transfers of part title sheets.
The type of rights and burdens contained on the transfers of part and the treatment thereof in regard to the parent title and TP title
The evidence required in support of the TP application which would satisfy the Keeper with regard to the entries on the parent title (i.e. discharge, consents, power of attorney etc.) and
Miscellaneous information which enables the registration officer to deal with the TP application, without further reference to the plans or a senior legal registration officer.

The record card is a general guide to follow; it is not to be regarded as set precedent for all TPs.

31.29 Developing Titles and the Production of Record Cards in Respect Thereof

When it is known that a builder is to develop a building estate, the need for liaison between RoS and the agents for the builder is of the utmost importance. Difficulties arising in registrations connected with the proposed development may be avoided and it may be possible to offer advice and suggestions on the preparation of deeds and plans, which would be to the mutual advantage of RoS and the builders’ and purchasers’ agents.

Practice leaflets explaining the approved estate plan procedure and other RoS requirements in connection with the building estates are available and should be supplied to the builders’ agents at the earliest possible opportunity.

Developing Title is the term used to describe parent titles where it is anticipated that there will be more than 10 TPs.

31.30 Examination before Map by legal registration officer

When a developing title has been identified by plans, the first step towards production of a record card is the examination before map by a senior legal registration officer. The plans registration officer will consult with the appropriate legal registration officer as to the style of mapping to be adopted, not only on the first removal but also on the subsequent transfers of part for the parent title.

Plans staff should take great care to provide the first removal from each phase of a development or the first removal of each distinct type from any development (e.g. house plot or flat). The legal registration officer should also indicate which references are to be carried forward from the parent title.

The first removal(s) are returned to the senior plans registration officer for completion of map and settle. When this has been done, they are returned to the appropriate senior legal registration officer who settles the cases and completes the record card. The relevant registration officers are then able to settle the subsequent TPs with reference to the said record card.

On completion of the last removal from any parent title, the record card will be archived on the parent title, unless an electronic copy is held on archive.

31.31 Less than 10 TPs

When there are expected to be fewer than 10 TPs out of a development generally no record card is prepared, the cases being completed by appropriate officers within the business units.

31.32 Split Villas

In Split Villa titles where all the TPs have been submitted (e.g. upper and lower flats), the appropriate registration officer should endeavour to locate all the TPs and settle them together. It may be necessary on some occasions to have plans settle out of turn the second transfer, in order to facilitate legal settling. (See also Split Villas).

31.33 Parent Title Updates

On settling a one off TP the parent title will require to be updated.

31.34 Split Titles or Sub-Division of Parent Title

Cases occur in which titles are created comprising a number of properties that are sufficiently remote from one another to require a plan in several parts. There are also instances where registered estates are developed in phases or where part of a registered title that is being developed requires detail shown on a plan of a larger scale than the existing title plan.

In any of these cases, the plans registration officer will suggest to the appropriate legal registration officer that such titles be sub-divided into

(i) separate plots, having a title number for each; or

(ii) several titles, each of which (including part or parts of the property), can be covered by a normal size print; or

(iii) separate titles, each of which will comprise subjects affected or not affected by a standard security or deed of conditions.

The advantages of sub-division in the circumstances described above can include the need of fewer plans references, shortened schedules, shortened application record in the event of subsequent sales and the saving of resource in examination, mapping and preliminary services (i.e. office copies, reports &c.).

If the legal registration officer decides that sub-division of a particular title seems appropriate, he should consult with plans as to the form it can best take. The legal examiner will be responsible for obtaining the agreement of the registered proprietors' agents and arranging for the opening of the new title sheet(s).

Last Removals (Transfers of Part of the Last Plots)

31.35 Last Removals (Developing Titles)

When plans identify what they believe to be a transfer of the whole of the land remaining in the parent title, they pass it to a senior caseworker to consider how the application is to be progressed and whether the parent title can be closed.

In straightforward cases the last removal is then returned to the plans officer who will map and settle it and return it for legal settle. On completion of the case by a legal officer the parent title should be updated or closed as guided by the senior caseworker.

31.36 Last Removals (Legal Consideration)

The appropriate registration officer must check carefully before instructing plans to close any title. Consideration should be given to the types of removals (e.g. where the removals are leases the parent title cannot be closed as only a subordinate interest has been removed), whether areas of common ground remain in the ownership of the developer, and the position of the minerals should be considered carefully (See Mines and minerals ). When the decision to close a title has been made and the last TP settled, the officer instructing the closing of the title should ensure that the up-to-date position is shown on the parent title in spite of the fact that the title is being closed.

31.37 Closed Title Note

If it has been decided the title is to be closed the legal examiner will instruct the closing of the title and the addition of the following note after the last entry of each section of the title sheet.

‘TITLE CLOSED, REGISTRATION CONTINUED UNDER TITLE NUMBER.................. ON …..(i.e. date of application)’

or

"TITLE CLOSED"

A next application note to this effect should also be created.

NOTE: Instructions are never given to cancel or remove a parent title from the computerised Land Register System because of the possibility of archived burdens etc. stored under the title being required for other titles.

31.38 Application Workdesk (Closing Titles)

It should be apparent to anybody examining the title sheet that a title has been closed. However, to facilitate any examination of the application record, it is important that once a title to be closed is identified, by placing an entry against that title number on the application workdesk, the entry should read as below:

‘TITLE CLOSED. REGISTRATION CONTINUED UNDER TITLE NO .................... ON..........................’

or

"TITLE CLOSED"

A next application note to this effect should also be created.

Once the closed title is processed, all applications affecting the title should be cleared from the application record. TP support will undertake this work for developments, in other instances the parent title should be updated by the registration officer processing the TP. The documentation should be archived.

31.39 Last Transfer Leaves only Roadways etc. in Title

Where the transfer is of the last remaining plot, on completion of the development and only roadways or verges and other areas which are not likely to be sold off remain, plans staff will notify legal staff. A note in the following terms will be added:

‘Note: Only roadways, grass verges etc. remain in the Title.’

31.40 Parent Titles with Less than 30 Transfers

Last Removals (See also Last Removals (Developing Titles))

When plans have indicated that they believe the transfer they are dealing with to be the last removal, they send it to the senior TP legal support registration officer, in order that a decision on closing down the title can be made. If the TP legal support registration officer considers that all is in order, he or she instructs the plans registration officer to continue the parent title against the title number of the TP or to close the Title. It is not necessary for a certificate plan for the closed title to be produced, as the land certificate will not be issued.

The registration officer instructs an entry, as described in Application Workdesk (Closing Titles), to be placed on the application record and settles the last TP in the usual manner. There is no need to make any alterations to the title sheet of the closed title other than to have the note, described at Closed Title Note , added to the end of each section.

The registration officer should also ensure that all pending entries against the parent title are cleared from the application record. The status of the TPs should be reset from ‘retained’ to "C". The TPs will be complete when the parent title application is completed. It should be clearly indicated on the instruction notes that the land certificate for the closed title is exhausted and should be returned to the TP legal support registration officer.

31.41 Reverse mapping

Where a parent title plan is very large, it sometimes occurs that a TP is received which is of the major part of the subjects comprised in the parent title, leaving only a small area retained by the granter. An example of this situation is where a farm and buildings are registered under one title and the transfer of part comprises the farm, leaving only a cottage or a single small enclosure in the ownership of the granter. In these circumstances, plans may suggest the application be completed using the ‘Reverse Mapping’ procedure.

The ‘Reverse Mapping’ procedure entails the removal from the title plan of the residue of the granter’s title and the preparation of title plans under the new title number allotted to the application. The original title number and title plan is then used for the land acquired by the purchaser. This method can, from the plans section viewpoint, be not only timesaving but also effect considerable economies in the quantities of ordnance maps which would otherwise be required.

Another example of a suitable case for this procedure to be followed is where the part transferred, although not large in extent, has a complicated extent or numerous plans references etc. to be carried forward and considerable time could be saved by plans staff.

The ‘Reverse Mapping’ procedure creates problems for legal staff in many ways, such as archiving instructions, issuing of land certificate instructions etc. The procedure should therefore only be used with great care. Nevertheless, if considerable economies in time and expense are anticipated, consideration should be given to adopting this procedure. The agreement of the agents involved must be obtained.

31.42 Status R procedure (Retained Entries)

Why do we need status R?

A TP application differs from a FR or DW application, because it is, in effect, a form of 'dual application'. Firstly, it is an application against a new title number (the TP itself) and secondly, an application against the parent title (the removal application). However, although such an application clearly affects two titles, there is only one application number allocated and therefore a problem will arise when that TP is completed and despatched if the application is completed at that stage although the Parent Title Sheet has not been updated to give effect to it. In these circumstances, any report given over the parent title would be inaccurate, as it would not show the TP application. In order to circumvent this problem the status of TPs is changed to ’Retained’ against the parent title.

31.42.1 Creating a Status R

The creation of a status R is straightforward. The registration officer simply ticks the retained box on the application workdesk.

31.42.2 Removing a Status R

When a parent title is updated and despatched it is imperative that all status R applications prior to the date to which the parent title is being updated are removed.

31.42.3 Status R and Reports

When Reports are asked to compile a report over a parent title, it is clear from the existence of status R on the application workdesk that TPs have been completed since the date of the last parent title update. The status R applications will be shown in any such report issued to a solicitor.

31.43 Office Copies

For developing titles these are created by Customer Services in consultation with TP support.

Determination of Date of Office Copy

The date to which that office copy is brought down may be determined in a number of ways.

Land Certificate placed on deposit on registration officer’s instructions

With effect from 22 January 2007, there is no longer any requirement to retain the Land Certificate on Deposit. However TP Support will still create "Land Certificate on Deposit" applications, although these will now contain a copy of the Land Certificate rather than the original which will have been returned to the presenting agent.

Whilst the registration officer no longer instructs that the land certificate is to be placed on deposit and an office copy issued to the applicants’ solicitor, there will still be a "Stop at Despatch" instruction. When these cases are identified at DESPATCH stage the following procedure operates:

The despatcher sends the whole case, including the completed land certificate to the TP legal support registration officer.

The TP legal support registration officer quickly looks through the land certificate for any obvious errors (e.g. any particular sections incomplete or not bound up) and then checks the date in the inside cover to ensure that it agrees with the registration officer instructions. The support registration officer ensures that there are no 'live applications' which have not been dealt with falling on a date before the land certificate has been brought down to (e.g. property section shows land certificate as updated to '12 Aug. 2010' but there is a TP application dated '10 Aug. 2010'). Unless the land certificate has taken account of that TP, then it is incorrect and requires amendment. The most common reason for this happening is that the registration officer has updated his title (perhaps for a DW or a discharge of an inhibition) and has not done an up to date search of the application record.

Assuming that everything is in order in the case, a ‘Land Certificate on Deposit’ application is created on the application record.

A copy of the land certificate is placed in the deposit file.

31.44 Land Certificate requisitioned by TP Legal

When the first TP for any title is received in the TP section, the support officer is no longer required to obtain the land certificate in order that it can be placed on deposit. Where there is a pending application which requires to be registered prior to the TPs being processed, a stop is placed on the application to advise the support officer when that application is registered.

31.45 Issue of Free Office Copy

With effect from 22 January 2007, there is no longer any requirement to retain the Land Certificate on Deposit. There is consequently no need to issue an office copy to the presenting agent.

31.46 Office Copies of Parent Title Sheet

If a Land Certificate is held on deposit, and an office copy is applied for, Customer Service Centre will always contact TP support to ascertain the date to which the office copy should be issued. Prior to 22 January 2007, a free office copy will already have been sent to the agent acting for the proprietors in the parent title. If the same Agent is asking for a new office copy, it should be decided by the support registration officer whether RoS is in the position to offer a more up to date office copy.

If so, the date of that office copy must be determined and the date given as the first working day prior to receipt of the first pending application. The office copy should be created using the last registered version of the title sheet (see Office Copies for further details).

31.47 Office Copies to be Issued to Persons other than Agent acting for the Proprietors of the Parent Title

Where someone applying for an office copy is not the agent for the proprietor of that title sheet, the support officer must ensure that if the new office copy is to a date beyond the original office copy that a new office copy is issued to the proprietor’s agent. The date to which these office copies are issued is determined as per the previous section.

31.48 Parent Title Plan more up to date than Parent Title Sheet

There are occasions where the parent title plan is more up to date than the parent title sheet and in this event a stock letter will be attached to any office copy being issued. A stock letter is attached to office copies where there are pending applications against the parent title, but their applications have not as yet been reflected in the parent title plan.

31.49 Estate Layout Plans

This is a system of approval by the Keeper of estate layout plans showing the intended development of houses, flats or maisonettes within registered subjects.

An estate plan submitted for approval by the Keeper need not relate to the whole of the subjects which have been registered. If the subjects are to be developed in set phases, a plan may be submitted for approval prior to the development of each phase.

Although the estate plan approval (EPA) system is primarily intended for use with developing building estates, there is no objection to lay-out plans being approved for use with small developments of fewer than ten plots.

31.49.1 The Purpose of Approval

The EPA system is designed for use in connection with reports and office copies. The existence of an approved estate plan should make applications for office copies and reports simpler, both for the purchaser's and seller's solicitor and the Keeper, because the Plan makes it unnecessary for separate plans to accompany each application for a report or office copy (as would otherwise be the case). Instead, such applications may describe the land concerned by reference to a plot number on the estate plan approved on a certain date.

Thus EPA system is a benefit to developers, in that it saves them the cost of preparation of numerous copies of the estate plan and of their title plans. The Keeper benefits by saving the time and cost involved in the constant re-examination of plans which would have to be lodged with Reports and Office Copies.

An incidental, but very important, benefit of the EPA system is that any discrepancy between the registered title boundaries and the external boundaries of the proposed development can be dealt with in good time, before negotiations for the purchase of the plots are in hand. Where such discrepancies arise, there is inevitably some delay due to the need for investigation, correspondence and possibly for a survey to be carried out. It is in everybody's interest to have such matters resolved at the outset, since at that stage the correspondence will normally only involve two parties, i.e. the Keeper and the developer's agent.

If discrepancies between the boundaries of a registered title and those of a proposed development are not revealed until the stage when reports are being obtained, postponement of completion of a sale and possible hardship to a purchaser may occur.

31.49.2 Transfers of Part out of Approved Estate Layout

A TP must, as a rule, have a plan of the subjects conveyed attached and the subjects conveyed must be described by reference to that plan. In the case of a TP where there is an estate plan which has been approved by the Keeper, it is recommended that an excerpt of that plan or a copy thereof be used as the deed plan, with the subjects conveyed delineated thereon, and that the description be based on a reference to the deed plan.

It is sufficient if the description is in similar terms to the following:

‘ALL and WHOLE the plot of ground delineated in red and numbered ( ) on the plan attached and executed as relative hereto being part of the subjects registered under Title Number ( )’.

Figured dimensions are unnecessary.

Detailed guidance on EPA is set out in Section 9.3. of the plans manual.

Miscellaneous

31.50 Re-engrossment of Deeds in Connection with Transfer of Part Applications

When the registration officer is liaising with the applicant's agent to resolve outstanding problems, it is often necessary to return to the agent either the original deed inducing registration, or another deed having a direct registrable effect, or a copy thereof. Sometimes only the original deed will suffice. The following instructions as to copying relate to the situations where in the settler's judgement it is necessary to return the original(s) and a copy is not held electronically on archive.

When an application for registration of a TP is not so defective that it requires to be withdrawn by the agent or rejected by the Keeper, but nevertheless it is necessary to return any deed having a direct registrable effect to the agent for amendment, the possibility arises that the agent will re-engross the deed. In that event, the original date of registration can be retained only if the Keeper has the original deed or a copy thereof so that it can be microfilmed as supportive evidence.

The Keeper's policy is that he must not risk being placed in the position of having neither the original nor a copy of the deed. He must at all times retain in his possession documentary evidence sufficient to support each registration. Therefore, a copy must be made and retained of each original deed having direct registrable effect, before it is returned to the agent.

If a Standard Security has been re-engrossed after its return to the Agent, and the original registration date is retained because the original deed or copy thereof is in the Keeper’s possession, an apparent anomaly arises because the date of registration of the Charge is seen, from examination of the Charge Certificate, to pre-date the security deed. In actual fact, this is in order, since sufficient evidence to constitute a valid application was submitted on the original date and it is the charge, not the individual deed, which is registered - see also Charges Section 9.12.4.

31.51 Supplementary Plans

31.51.1 Form of Supplementary Plan

In a number of cases, plans find it necessary to amplify the title plan by including a supplementary plan in one or other of two forms. It may comprise one or more sections of the OS map, on which plans provide references themselves, or it may simply be a colour copy of a deed plan. In the latter case, it is important that the title sheet reveals the fact that the supplementary plan is a copy of a deed plan.

31.51.2 Origins of Supplementary Plan

In all cases where a supplementary plan is used, plans will indicate whether it is a copy of a deed plan and, if so, which deed plan it is a copy of. It is the registration officer’s responsibility to ensure that it is clear from the title sheet that the supplementary plan is a copy of a specified deed plan. Almost invariably it will be possible to do this through the medium of the D section entry for the deed in question.

There are a number of ways of achieving this:

- In the preamble, for example
  ‘Deed of Conditions recorded G.R.S. (…) …(date) by A B proprietors of 6 acres of ground hereinafter referred to as "The Housing Estate" delineated in red on the plan annexed thereto (a copy of which plan is included in this Title Sheet as a Supplementary Plan to the Title Plan) ...’.
- In the body of the D Section entry, for example
  ‘tinted pink on the plan annexed and signed as relative hereto (a copy of which plan is included in this Title Sheet as a Supplementary Plan to the Title Plan) ...’.
- As a note at the end of the D Section Entry, for example
  ‘a copy of the plan annexed to the above Disposition is included in this Title Sheet as a Supplementary Plan to the Title Plan’.

31.51.3 Supplementary Plan based on a Deed not used in Burdens Section

If the deed from which the copy plan is taken does not require a D section entry (as when the supplementary plan is used for rights to which there is no corresponding burden), the registration officer will have to include details of the deed from which the copy plan was taken at the appropriate place in the title sheet for example:

together with a right of access over the parts tinted pink on the Supplementary Plan to the Title Plan, which Supplementary Plan is a copy of the plan annexed and signed as relative to Disposition by A B to C D recorded G.R.S. (…) …(date)’.

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