27.2.1 Examination of title sheets/deeds affecting villa

Depending on which of the above categories the application falls within will dictate the work required in examining other titles and the form of the title sheet.

In the situation set out at 1 above, the title sheets of the other registered parts should be examined to confirm that the rights and burdens correspond with those in the current application. If they do, then the rights and burdens should be reflected as usual in the title sheet. Unless there is a requirement to do so for the correlative right or burden in a title condition (e.g. servitude rights and real burdens) constituted after the appointed day under the Title Conditions (Scotland) Act 2003, the corresponding rights and burdens for the other parts of the villa should not be disclosed.

If the rights and burdens between the various titles do not correspond and the difference is significant, the matter should be referred back to the applicant’s agent for remedial action.

In the situation set out at 2 above, copies of the deeds for the other parts of the villa should be obtained without contacting the agent (the checking of these deeds is a decision made by the Keeper and it is inappropriate to pass the cost to the agent). The rights and burdens should be checked against those for the current application and, if there are significant differences, then the matter should be referred back to the applicant’s solicitor for remedial action.

For the situations set out at 3 and 4 above, there will not normally be a positive description of the subjects being conveyed, rather it will be of the area of ground with the villa thereon, under exception of the parts already sold. There will not normally be any rights or burdens particular to the part being sold appearing in the deed inducing registration. The title plan will likely be mapped by reverse mapping, where the references take account of the exception deeds and not the DIR.

For situation 5 above see Transfers of Part

See also section 27.4 below for situations when there is a pre-existing deed of conditions or real burdens.

27.2.2 Property Section

The style of the property section for situations set out at 3 and 4 above will depend on the information available to the plans officer but will be along the following lines:

Subjects edged red on the Title plan with villa 62 WELLS ROAD, BROUGHTY FERRY thereon, under exception of the parts specified in the Schedule of Exceptions below.

SCHEDULE OF EXCEPTIONS

The property section will only include rights relating to the whole villa.

If the disposition deals with rights narrated as being 'by way of conveyance and not exception', meaning that the rights are included with the property disponed, the position should be clarified by means of a note. If this was the situation in the example given above, for instance, there would be a Note 1 in the following terms:

• • Note 1: The subjects in this title include a 1/3 pro indiviso share of access road tinted xxxx on title plan and other rights effeiring thereto.

However, this type of note should only be used if the DIR specifically includes rights 'by way of conveyance and not exception'. In other circumstances, the note should not be used.

27.2.3 Burdens Section

When the subjects being registered are described as the whole villa under exception, the breakaway deeds for the excepted parts should be shown in the burdens section in the following terms:

’Disposition by AB to CD and their heirs and assignees, recorded G.R.S. (Angus) 26 May 1959, of northeast house on first floor of villa 62 Wells Road, Broughty Ferry, contains the following rights and burdens that affect the subjects in this title:

[Full text of rights and burdens]’

Consideration can be given to what checks have already been undertaken on the rights and burdens when examining the titles for second and subsequent registrations from the villa. The registration officer completing the first registration of a property from a split villa should add details of their title check to the ‘title notes and instructions’ on the LRS. The first title number should be noted by plans as a prior registration from the steading on subsequent registrations. In the absence of any details about examination of title, when dealing with the subsequent registrations a full check will be required.

27.3 Title of steading registered before division

If the area of ground with the villa thereon has been registered in the Land Register before division, the sales of individual flats will induce transfer of part applications and each breakaway will require to be considered in relation to any that have already been registered.

27.4 Deeds of Conditions

If a deed of conditions or deed of real burdens has been recorded/registered in respect of the whole steading regulating the rights and burdens for each property, and the conditions are made real, and there were no other rights or burdens being created in the breakaway deed for the property being registered then there is no need to examine other breakaways.