Plans Information Paper 3/2009: Title Conditions and Plans References

The purpose of this memo is to clear up any ambiguity or confusion over when references should be supplied for burdened and benefited properties.

The following is an extract from the plans dual registration manual: 

Identification of the burdened and benefited properties

With regard to identification of the benefited property, if a property is registered in the Land Register, the description of the subjects in the deed must include the Title Number, in terms of s.4 of the 1979 Act. If subjects are in the Register of Sasines, then a description by reference to a deed containing a conveyancing description will be sufficient.

Legal Settlers have been instructed that the description of the benefited property in the Title Sheet should fully reflect the description in the DIR. If the DIR contains a reference description, a postal address and also a reference on the deed plan, all of these should normally be included in the Title Sheet.

If the subjects burdened or benefited by real burdens are referenced on a plan attached to the DIR, the reference should be brought forward to the Title Plan where possible.

In practice, references on deed plans for benefited properties do not always meet the usual accepted standards, and there have been occasions where it has been difficult or even impossible to bring forward the deed plan reference. For example:

• problems with scale

• the extent of the subjects has been vast and providing a reference on the Title Plan would be time consuming and impractical

• the subjects have just "stopped" at the edge of the plan rather than at a defined feature

Any problems of this nature should be considered by a Plans RO1 in conjunction with a Legal RO1 before contacting the agent. Each case should be considered on its own merits, and the option of using a verbal reference instead of a plans reference should be considered, where possible.

To Summarise

• where the plan to the DIR or extent deed provides a plans reference then the reference must be shown on the Title Plan unless it cannot be identified as narrated above.

• If the DIR does not use a plans reference to identify the benefited property, no attempt should be made to provide a reference on the Title Plan. However, in exceptional cases, the legal settler might request a plans reference to be provided.

01 July 2009