9.12.2 Feus And Leases

Referencing on the Parent Titles

Edged and number in blue/yellow when the first transfers of shared areas are completed. As there is always going to be an interest left, there is no need to wait for last share before edging.

Case Notes

The following note is added along with the general feu note

"As to the part edged and no’d 3 in blue a right in common has been feued"

When the last share is transferred from the Parent Title the above note in Case Notes is deleted for that area, as the general feu note applies.

Remarks to Examiner

Request legal to add to schedule of Feus/Leases as follows.

Please add to schedule of Feus for DMB 44.

9.12.3 Pro Indiviso/Rights In Common To Remainder Of Estate

As well as disponing/feuing/leasing/assigning subjects shown on the Transfer plan the Transfer Deed frequently grants rights of property in common verbally with the remaining proprietors in the development. These rights in common may also be described in the Deed of Conditions.

In some cases an all embracing phrase is used as "all those subjects included within the development as are unbuilt upon and not disponed or to be disponed".

For Applications where registration date of first TP to contain such rights is prior to the 3 August 2009

These rights of property have the effect on completion of development of removing such land from the Parent Title. It is necessary, therefore, for the Parent Title to reflect the removal of such rights of property. Also the Title plan must reflect the area to which the proprietors have rights.

Title Plan

Instructions re mapping procedure will be in Case notes for the Parent Title.

Site plan method - whole estate is edged red, and the house plot is either tinted or edged to reflect the TP extent.

Site plan method - colour copies showing estate edged red are already prepared and has been scanned into the system) - a coloured edge is added to the colour copy to reflect the TP extent.

Case Notes and Remarks to Examiner

As the precise extent of the area involved cannot be determined Plans will inform Legal to transfer any rights verbally.

In the Case Notes for the Parent Title a note must be added to state that a right in common to the subjects included within the development as are unbuilt upon and not disponed or to be disponed has been removed. Remember to reference area on Parent Title accordingly

In the Case Notes for the Transfer remember to add the following note that a right in common to the subjects included within the area edged red as are unbuilt upon and not disponed or to be disponed is included in the Title.

For Applications where registration date of first TP to contain such rights is on or after the 3 August 2009

In terms of the Keeper's updated policy for new developments (with effect from 3 August 2009), rights in common areas that are identified by reference to a future uncertain event will no longer be included in TP Title Sheets. It follows, therefore, that as such rights have not been removed from the Parent Title, there will be no reference to these rights in the Parent Title Sheet nor on either of the Title Plans.