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 This resource has been archived and is no longer being updated.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 Much of the information contained here is obsolete or superseded.

P9.9 Reporting Of References On The Parent Title

Many title Plans bear colour references (tints, edgings and hatchings) to indicate separate parts of the registered subjects subject to, say, burdens or servitudes which are referred to in various entries on the Title Sheet.

The extent to which such references affect the land transferred must be reported to Legal Staff so as to ensure that the correct entries are carried forward onto the new Title Sheet.

The drafting of notes to Legal Staff must be clear, concise and unambiguous. It should be made clear if it is the whole or part of the land transferred which is affected by the reference and also if the land transferred comprises part, whole or residue of a reference on the Parent Title Plan. The latter is essential to ensure the Parent Title Sheet entry is cancelled on complete of the greening out of a reference.

The importance of the provision of accurate information to Legal Staff cannot be too strongly emphasised, as the form of entry to be made on the New Title Sheet will depend solely on the information supplied. Incorrect information can lead to unnecessary or erroneous entries or the omission of entries which should appear and may lead to a claim for indemnity.

In the absence of a statement that the whole or residue of a Parent Title Plan reference affects the land transferred it is automatically assumed part of that reference remains on the Parent Title Plan and the Title Sheet entry relating thereto will not require cancellation by Legal Staff.

 

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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 This resource has been archived and is no longer being updated.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 Much of the information contained here is obsolete or superseded.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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