44.4 Title sheet

The Keeper’s practice is to open only one title sheet for each whole unit of property. As additional shares are registered, they will be added to the title sheet already opened.

44.5 Property section

The plans registration officer will map the subjects by the most convenient method, but the verbal description in the property section will describe the subjects as a whole unit. The fact that the title relates only to a pro indiviso share will be covered in a note, e.g.:

Subjects 31 RENFREW ROAD, NEWTON MEARNS edged red on the title plan.

Note: The above property is registered in this title only as regards the total of shares shown in the proprietorship section.

This style is used so that no change to the property section is required when further shares are added to the title sheet. When all the shares have been registered, the note is removed.

The ‘date of first registration’ noted in the property section, will be the date of registration of the first share. No further dates should be added when further shares are registered.

44.6 Proprietorship section

Where the property section follows the style shown above, the proprietorship section entry should reveal the extent of the pro indiviso share which is registered, along the following lines:

When the same proprietor acquires additional shares in the subjects these are added to the title sheet; the following are examples of styles for the proprietorship section:

Initial entry:

Addition of further share:

Addition of final share:

Consideration must be given to amending any existing entries in the charges section.

Where co-proprietors acquire subjects by one deed with no reference to the extent of their shares, it is assumed that the shares are equal. No mention is made in the proprietorship section of the extent of each proprietor’s entitlement.

Where co-proprietors acquire their interests by one deed which states the extent of each proprietor’s entitlement (e.g. ‘to A to the extent of one half pro indiviso and to B and C each to the extent of one quarter pro indiviso’, or even ‘to A and B equally’) the extent of each proprietor’s entitlement is set out in the proprietorship section as follows:

Where co-proprietors acquire their interests by separate deeds, there will require to be two or more entries in the proprietorship section to show the separate entitlement. This could happen where a person holds the whole subjects on a Sasine Register title, conveys half to his spouse for valuable consideration thus inducing a first registration of that half, and is subsequently persuaded to apply for voluntary registration of his remaining half share, e.g.

The phrase ‘further ... pro indiviso share’ indicates that the second entry is not a competing title. In voluntary registrations, the ‘Consideration’ and ‘Date of Entry’ fields should be completed with "Not Applicable".

Where a person is registered as sole proprietor of an interest and subsequently transfers a pro indiviso share to someone else, the entries in the proprietorship section will be similar to those in the preceding paragraph, the main difference being that additional information regarding the various considerations is necessary, e.g.

• Initial entry on first registration:

• On transfer of 1/2 share by A B:

• On transfer of 1/4 share by CD to EF

In all the above instances it is important that every proprietor is included to ensure that the terms of sections 6(1)(b) of the Land Registration (Scotland) Act 1979 and 5(a), (b) and (c) and 23(b) of the Land Registration (Scotland) Rules 1980 are complied with.

44.7 Land certificate

Where the pro indiviso proprietors hold on one title, one land certificate only will be issued unless each pro indiviso proprietor requests otherwise. On a subsequent transfer of one of the pro indiviso shares, a separate land certificate will be issued to the transferee unless he or she already holds a registered title to another share. Where the pro indiviso proprietors hold on separate titles, separate land certificates will be issued to each proprietor unless (e.g.) the separate proprietors are spouses.

As a rule of thumb, if the subjects are transferred to all of the pro-indiviso proprietors in a single deed then a single land certificate is issued.  When titles are combined, with pro indiviso shares being added to an existing title to complete the whole (e.g. pro indiviso shares in salmon fishings), the land certificate showing the current position is issued to the new proprietor (existing proprietors land certificates were correct at their date of issue).

Irrespective of the proportion of shares to which the registered title relates, the land certificate cover will describe the subjects as the whole unit of property.

44.8 Pro indiviso share of a pertinent

The procedure to be followed here will depend on whether or not the share of the pertinent is conveyed along with the main unit of property to which it pertains. There are a number of potential scenarios, as noted below.

44.9 Pro indiviso share of the pertinent conveyed with the main property

This is the case where (e.g.) a house in a development is conveyed together with a pro indiviso share in amenity ground, or a tenement flat is conveyed together with a right in common to the roof space (if exclusive title to the roof space is being conveyed Chapter 43- Miscellaneous Registrations, Roof Spaces should be referred to). Irrespective of whether the deed inducing registration is the split-off writ for the property, or whether the split-off writ has previously been recorded in the Sasine Register, the same procedure should be followed.

44.10 Search sheet

Unless the pro indiviso share relates to a pertinent which would not normally be conveyed with the relevant type of main property, no mention of the share need be made in the closing entry on the search sheet.

44.11 Title sheet

A single title sheet for the main property and the share in the pertinent will be opened. Other shares in the same pertinent will be included in the title sheets for the properties to which they pertain. Plans staff should ensure, when identifying the property on the DMS, that the total number of shares in the pertinent does not exceed 100% (this would form a Competing Title where the shares exceed 100%).

44.12 Property section

The manner in which the pro indiviso share is described in the property section will depend on the mapping style adopted by the plans registration officer, viz.:

(1) Where the precise extent method is used, the pertinent will normally be included in the red edge and referenced by tinting. A restrictive note is inserted in the property section, e.g.

Note: As to the part tinted blue on the title plan, only a 1/4 pro indiviso share is included in this title.

(2) Where the site plan method is used, it may be possible to reference the pertinent by tinting. In that case, the pertinent will be added to the description of the subjects in the following manner:

‘…together with a 1/4 pro indiviso share in the pathway tinted pink on the title plan’

Even if the pertinent cannot be separately referenced under the site plan method (e.g. where it is a share in the roof space), it will still be included in the description of the subjects in a similar manner, but with the verbal description amplified along the following lines:

‘…together with a right in common, along with the proprietors of the other flats in the said tenement, to the roof space above the top flat of the said tenement’

(3) There may be hybrid cases where the main subjects are mapped in the precise extent method but for good reason the pertinent is shown by a separate colour reference outwith the red edge. Here the verbal information on the property section will be given in the style of the example in (2) above.

In all the above cases, if the proprietor subsequently acquires a further pro indiviso share in the pertinent, it can be added to the title sheet simply by changing the fraction in the property section and making an appropriate entry in the proprietorship section. The DMS will require to be updated to reflect the extent of the share.

44.13 Proprietorship section

Where the title relates to the whole property including the pro indiviso shares as set out in the property section, there is no need for the pro indiviso element to be reflected separately in the proprietorship section entry. If a further pro indiviso share is subsequently acquired and is added to the property section, a separate entry will be required in the proprietorship section, see examples in section 44.6.

In the latter event, if there are any registered heritable securities, the entries in the charges section will need to be amended so that they reflect the fact that the additional pro indiviso share is not subject to those securities.

44.14 Pro indiviso share of the pertinent conveyed separately – main property already registered

This is the case where a proprietor acquires a pro indiviso share in property as a pertinent to the main property which they already own on a title in the Land Register. If the acquisition is for valuable consideration, it will induce first registration of the pro indiviso share. If the acquisition is not for valuable consideration, the proprietor may request voluntary registration so that his whole title is held in the Land Register.

44.15 Search sheet

The closing entry in the search sheet should describe the pertinent verbally and narrate the extent of the pro indiviso share being registered.

44.16 Title sheet

The pro indiviso share of the pertinent will be added to the title sheet for the main property. The implications for the property section will be as noted in 44.12 above - Property Section. A further entry will be added to the proprietorship section, adapting the style in section 44.13 above - Proprietorship Section.  If there are any registered heritable securities, the entries in the charges section will need to be amended so that they reflect the fact that the pro indiviso share is not subject to those securities.

44.17 Pro indiviso share of the pertinent conveyed separately – main property not registered in the Land Register

This is the case where a proprietor acquires a pro indiviso share in property as a pertinent to the main property which he already owns on a title in the Sasine Register. If the acquisition is for valuable consideration, it will induce first registration of the pro indiviso share. Wherever possible, the applicant should be persuaded to apply for voluntary registration of the main property. In that event, the two applications will be processed together as set out in the 4 paragraphs commencing at Search sheet below, except that two separate entries will be required in the proprietorship section so that the consideration and date of entry for the pro indiviso share may be narrated.

If the applicant does not wish to apply for voluntary registration of the main property, the following procedure will be followed:

44.18 Search sheet

The closing entry in the search sheet should describe the pertinent verbally and narrate the extent of the pro indiviso share being registered.

44.19 Title sheet

A title sheet will require to be opened for the pro indiviso share of the pertinent. When the main property to which the share of the pertinent relates is registered, the title thereto will be added to the same title sheet.

44.20 Property section

Where the plans registration officer uses the precise extent method of mapping, the description in the property section will be along the lines of the following:

1/4 pro indiviso share of subjects at FISHER ROW, MUSSELBURGH, edged red on the title plan

Where the plans registration officer uses the site plan method (e.g. because the share relates to a part of a tenement building), the description in the property section will be along the lines of the following:

subjects within the land edged red on the title plan, being 1/4 pro indiviso share of the roof space above the top flat of the tenement 17 BOGHEAD STREET, DUMBARTON

44.21 Proprietorship section

On first registration, there will be no need for the extent of the pro indiviso share to be reflected in the proprietorship section, since the title relates to the interest as described in the property section. In the event that the applicant subsequently acquires a further share in the same pertinent, the fraction entered in the property section should be amended and separate entries will be made in the proprietorship section to reflect each acquisition.