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 This resource has been archived and is no longer being updated.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 Much of the information contained here is obsolete or superseded.
PIP 2/2002 Natural Water Boundaries - Information Update
Plans Information Paper 2/2002: Natural Water Boundaries - Information update
Subjects which have as one of their boundaries a natural water feature (such as a river, loch or the sea) present a number of difficulties within the context of land registration. These difficulties are discussed in Section 8.2.29 and 8.2.29.1 of the Plans Manual.
In May 1999 the Joint Consultative Committee (JCC) of the Registers of Scotland and the Law Society of Scotland agreed a policy which would enable the practical difficulties relating to natural water boundaries to be catered for in the Land Register. The policy included a series of options for registration staff to adopt in individual cases, together with a list of factors which would be taken into consideration when deciding which option to use. Unfortunately, it has become apparent that the policy requires staff to make assessments which they are not best placed to make (e.g. whether a boundary is likely to be susceptible to alteration and - if so - whether that alteration is likely to result from alluvio or from some other cause). Moreover, a recent review of the policy has suggested that it does not in fact afford the Keeper's indemnity the protection which was intended.
The JCC has therefore agreed an amendment to the policy. The new policy, which should be applied in all FR and TP applications received after 20 May 2002 where the subjects are bounded by or include part or all of a natural water feature, is set out in Sections 8.2.29.2 to 8.2.29.6 of the Plans Manual.
For applications which are already in the Keeper's hands on or before 20 May 2002, the existing policy should continue to be applied. This policy is summarised in Section 8.2.29.7 of the Plans Manual.
Where the subjects of the application are bounded by or include the foreshore, the new policy should be followed in addition to existing instructions relating to foreshore applications.
Similar problems arise in relation to fishings and other interests wholly within a river or the sea. These will be the subject of separate instructions in due course.
Senior Legal Group
10 May 2002
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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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