This is the registration manual for 1979 casework.
Do not under any circumstances use the information here when settling 2012 casework. This resource has been archived and is no longer being updated. As such, it contains many broken links. Much of the information contained here is obsolete or superseded.

P9.2 UNDERSTANDING INTERESTS

When mapping Transfers of Part, a greater understanding of the interest being transferred and the interest remaining is required.

When the DIR/Transfer writ is:

(a) Disposition - Granter is disponing any interest that he has title to.

Therefore a disposition could dispone:
(i.) dominium utile only
(ii.) dominium directum only
(iii.) dominium plenum if granter had title to both utile and directum.

Thus granter retains no interest in land and grantee acquires any interest that granter previously possessed.

(b) Feu Disposition/Contract - Granter is feuing the dominium utile of the subjects and creates dominium directum that the granter retains in his title.

(c) Lease - Granter leases out land for an annual rent over a specific time. Granter therefore still retains dominium utile of the subjects and becomes the landlord of the grantee who is known as the tenant.

(d) Sub-Lease - Granter, having a leasehold title, then rents the subjects to a third party for an annual rent and a specific time. Therefore both granter and grantee own a leasehold interest. The granter is both a landlord and a tenant and the grantee a tenant.

(e) Assignation - Granter having a leasehold title sells off (assigns) his interest. Therefore granter retains no interest and grantee acquires the leasehold interest and becomes the tenant.

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This is the registration manual for 1979 casework.
Do not under any circumstances use the information here when settling 2012 casework. This resource has been archived and is no longer being updated. As such, it contains many broken links. Much of the information contained here is obsolete or superseded.
*

The Manual is an internal document intended for RoS staff only. The information in the Manual does not constitute legal or professional advice and RoS cannot accept any liability for actions arising from its use.
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