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 This resource has been archived and is no longer being updated.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 Much of the information contained here is obsolete or superseded.
P9.16 "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 WC, coal shed, garage, car parking space, wash-house or ash-pit 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 nor the ground nor 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 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 Staff will normally make the entry in the A. 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 Staff will not make the entry in the A Property Section but will inform Legal Staff of the references to be used accordingly. It will then be the responsibility of the Legal Examiner 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 informing legal accordingly. Also the case notes will reflect exclusive right as been transferred in the following terms.
"GLA 9432 exclusive right to wash house tinted blue has been removed"
The green-out method is not appropriate as it would infer that the "whole land" has been removed.
The following note must be added to Case Notes for the Transfer Title
"S.I.T.T includes only the exclusive use of the wash-house tinted pink."
Conversely when the writ dispones property subject to the exclusive rights of user, the notes in Case Notes must read: -
"S.I.T.T. excludes the exclusive use of the wash-house tinted blue."
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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.
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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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