The "last plot" is the last transaction of the estate.

The "residue" is everything left in an estate after each transfer has been completed.

LAST TRANSFERS OF FEUS

Case is completed in normal fashion however notes to legal differ.

When informing legal that the transfer is the last feu from the Parent Title a distinction has to be made to whether any residue exists (e.g. roadways etc.). The reason being when updated the Parent Title Land Certificate to sent back to agent the "interest" in A Section has to be updated accordingly. If residue is left interest will read superior/proprietor if no residue exists and everything in Title has been feued "interest" will read superior.

NB. Remember to amend TENURE in case notes on parent title accordingly.

LAST TRANSFER OF LEASES

Case is completed in normal fashion informing legal that this is the last lease from Parent Title - no other action necessary. Legal will update Land Certificate and return it to agent.

LAST TRANSFER OF DISPOSITIONS/ASSIGNATIONS

Case is completed in normal fashion.

When the last transfer removes the last remaining interest in the Parent Title after consultation with Legal to confirm no property remains, (i.e. mines and minerals) Plans would proceed the application No plans references are provided on the Parent Title. A note is added to Case notes and to legal as follows.

"DMB 198 is closed, registration has been continued under registration DMB 9468."

The title should then be closed in the DMS as per the procedures in Section 14.1.6 Closing a Title - DMS Procedures

If after the last transfer residue exists, then the, subjects being transferred will be greened out and Legal will be notified as follows.

"This is a transfer of the last remaining house plot in DMB 198, only roadways, footpaths etc. remain in the Title."

Legal will update the Land Certificate accordingly and return it to the agent.

If the adjoining plot has been removed a reference should already have been provided on the parent title as it would the dominant interest. If no reference is shown the adjoining title should be investigated and referred to legal if required.

If both the dominant and serviant Titles are in the process of registration no references will be required on the Parent Title, as all the affected land will have been removed from the Parent Title

FEUS AND LEASE

Title Plan is completed in normal fashion.

Referencing on Parent Title

In view of the terms of Section 12(2)(m) of the 1979 Act, no attempt will be made to disclose on a Superior's or a Landlord's Title Sheet any of the feuing conditions or conditions of lease that he has a right to enforce, or obligations in favour of the feuar or lessee which he undertakes.

There will, however, be inserted in the Burdens Section an entry in whichever of the following forms is appropriate.

The feu rights created by the feu writs specified in the Schedule of Feus in the Property Section are burdens on the subjects in this Title.

The rights of the tenants under the Leases specified in the Schedule of Leases in the Property Section are burdens on the subjects in this Title.

Therefore no plans references will be required on Parent Title, unless requested by legal.