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 This resource has been archived and is no longer being updated.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 Much of the information contained here is obsolete or superseded.

P20.3 Competing Titles

 

 

Table of Contents

POSSIBLE INFORMATION SOURCES

  • Practice Manual Instructions and guidelines.
  • Plans practice memos not yet incorporated into the manual.
  • Any precedent or policy such as Developed on the Ground procedure.
  • Correspondence
  • Notes by the solicitor entered on the Form 1 in part B, Section 13
  • Other deeds and their plans in the casebag
  • Additional plans supplied by the solicitor
  • Age and nature of features as ascertained from deeds, agent, County Series maps, older versions of O.S. map. (Remember earlier publications of O.S. maps can be ordered from the National Map Library via Mapbase Maintenance) etc.
  • Title numbers of adjoining registrations with extents shown on a print in relationship to the subjects of the application as shown on the Plans from agent i.e. are there any overlaps? Are there any gaps?
  • Results of checking the Sasine Registers - Are there any descriptions that could help ascertain the boundaries between the properties if so are there any overlaps? Are there any gaps?
  • Any other relevant information you feel could be useful to the Legal Settler in making their decision
  • Pending adjoining registrations
  • Any surveys which may have been undertaken for subjects in question or surrounding subjects
  • An area measurement or old Scots measurement that could be converted to metric.


NOTE: It would be desirable that inexperienced officers should consult with the appropriate senior officer when in doubt as to the need to obtain certain items.
In order to evaluate risk involved prior to making a mapping decision, further consideration should be given to the following: -

    • What is the land used for?
    • Who occupies the land?
    • Who, or what are, the applicants, the seller and the third party (if any)?
    • The intention of the parties to the original writ.
    • Value of property/land involved.

Prior to consulting with TL or Plans RO1

The manner in which casework is presented to a senior officer for consideration is an important indication of an officer's development and ability. When a problem is referred orally, the officer should think the position through: garbled and confusing presentation will not only give a poor impression, but may force the considering officer to spend more time investigating the case than would otherwise be necessary. Any additional material obtained for either a verbal, or more likely, for a written referral must be adequate and relevant.

As well as aiding the considering officer with his decision, providing evidence of all relevant back-up information also displays the officers understanding of the situation and knowledge of information sources.

POSITIVE DESCRIPTION

Where subjects are specifically described i.e.

All & Whole the westmost flatted dwellinghouse situated on the top floor of the block of eight dwellinghouses 6 Ythan Court, Ellon.

NEGATIVE DESCRIPTION

Description by way of exception i.e.

All and Whole the tenement dwellinghouse known as 25 Hollybank Place, Aberdeen (hereinafter referred to as the "tenement") in the City and County of Aberdeen with the solum thereof and ground pertaining thereto being the subjects more particularly described in and disponed by the Feu Disposition by Linda Pryde in favour of Colin Porteous dated Third and recorded in the Division of the General Register of Sasines applicable to the County of Aberdeen on Twelfth, both days of July 1902; But always excepting therefrom (First) that dwellinghouse ... 

 

*
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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