P05 Terminology

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 This resource has been archived and is no longer being updated.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 Much of the information contained here is obsolete or superseded.

P05 Terminology

Glossary of Terminology used in the Agency

A new system of registration necessarily introduces new terminology. It is especially important when the Register of Sasines and the Land Register are running side by side that the terminology should, as far as possible, be identified with the appropriate Register. The following terms are therefore worthy of note.

The sections referred to in the following definitions relate to the Land Registration (Scotland) Act 1979.

 

Absolute Accuracy

See Positional Accuracy

Absorption

The merging of two fees as in a consolidation of property with superiority or on the expiry of its natural term (sections 2(1)(a)(iv), 24)(a) and (b) and 8(2)(b)).

Abstracting

To draw information from deeds (to summarise)

Accuracy

Used to describe how exactly the map represents the real world. There are three different ways of measuring this on the Ordnance Survey maps - Positional or Absolute, Relative and Shape.

Address

A means of referencing an object for the purpose of unique identification and location.

Affidavit

A sworn statement made before a Notary Public

Agent

Solicitor

Allodial

All heritable property in Scotland is either feudal or allodial. The following are allodial, i.e. held of no superior: -

  1. The paramount superiority vested in the Crown.

  2. The property of the Crown and Prince as such.

  3. The parish churches, churchyards, manses and glebes of the Church of Scotland.

  4. Udal right in Orkney and Shetland, including the foreshore.

  5. Leases.

  6. Real burdens.

  7. Land taken by compulsory powers.

Amalgamation

Addition of land to an existing registered title normally by edging and lettering in red.

Application No.

Serial number given to all applications for Registration.

Application Record

Computerised record of all Applications received in the Department. The Title No. of a First Registration can be accessed therefrom by the Granters name, the applicants name or the property description.

Assignation

A deed which may be used to transfer the tenant's interest in an existing Lease. A deed whereby the creditor's interest in a Standard Security may be transferred.

Assignee

The person benefited by an Assignation in his favour of a Security or a Lease.

Back-up File

A file of coloured Plans in deeds or referred to in Plans requisitions kept as evidence of extent. The file is maintained under Title No. reference.

Base Map

A set of topographic data is displayed in amp form, providing a frame of reference for users' data.

Base Scale

Scale at which map was surveyed in other words SURVEYED SCALE.

Benchmark

Subject to context: A standard test devised to enable comparisons to be made between computer systems. Surveying term from a mark whose height relative to a datum is known.

Blench

Feudal holding where the reddendo is nominal (e.g. a penny if asked).

Blueing-out

The main method of showing on the Parent Title Plan that property is the subject of a Feu (by edging and numbering in blue).

Bond

A writing obligation to pay money. The Bond and Disposition in security was the deed used to create a mortgage over land prior to the Standard Security.

Books of Council and Session


Used for the registration of original; probative or holograph writing (i.e. a writing, which is authenticated in a manner prescribed by the Scottish Law in order to acquire privileged status). It also serves as a safe deposit for important documents, which might otherwise stand in danger of being lost.

Photocopying was introduced to the record office in 1934 prior to this date all deeds were copied by hand into the record volumes because of this no copy was made of the plans attached to the deeds. However with the advent of photocopying it soon became the practice of photocopying all plans within certain dimensions (22 inches by 28 inches) as a matter of course.

Therefore prior to 1934 or after that date, if the plan did not meet the requirements for photo copying the agents had the option to safe deposit, so to speak, either the original deed or a duplicate of the deed plan.

Brace

A symbol in the form of an elongated "S", used on Ordnance Survey Maps and Registers of Scotland plans, which when drawn across any line dividing two parcels of land serves to unite them.

Breakaway Deed

A deed where the subjects are being dealt with as a separate entity for the first time and which will contain a full description (possibly by reference to a deed plan) of those subjects.

Builders Title

An application for registration of an area of ground by a builder e.g. Wimpey, which will be developed in the near future. Identifiable by being in green casebags.

Burdens

Conditions affecting heritable property and imposed by a deed. The condition is reflected in the Burdens Section of the Title Sheet of the property.

Cadastral Survey

A survey based on the precise measurement and marking of land parcel boundaries.

Cartography

The organisation and communication of geographically related information in either graphic or digital form. It can include all stages from data acquisition to presentation and use.

Case

Any current and pending Application for Registration or Dealing with registered land.

Certificate of Confirmation

A supplementary document certifying that Confirmation has been issued and that the estate included inter alia a single item of estate which is specified in the Certificate. The document empowers the Executor of the estate to deal with the single item.

Certificate of Title

Includes a Land Certificate and a Charge Certificate (Rule 2).

Certificate Plan

The copy of the Title Plan included in a Land Certificate.

Charge Certificate

A duly authenticated Certificate of Title issued to the creditor on the registration of a heritable security.

Commencement Date

The appointed day on which an area becomes operational (section 30(2)).

Common Deeds

Deeds containing burdens or rights which affect more than one property.

Common Deeds Index

Computerised record which lists details of common deeds

Common Deeds Index Sheet

The CDIS defines the extent of common deed areas on a copy Sheet (CDIS)of the Ordnance Map

Common Interest

An interest, as of adjoining user of a common wall, entitling the party interested in a say in the use of the thing.

Confirmation

The ratification by the court of an appointment of the Executor of an estate constituting a title to take possession of, administer and dispose of the estate.

Confusion

The fusion of landlord and tenant’s interest when held by the same proprietor.

Consider

A description of casework on which points arise and require attention from Plans Executive Staff.

Consideration

The price paid by a purchaser for an estate or an interest in land.

Consolidation

The fusion of two immediately adjacent fees in the feudal chain when held by the same proprietor.

Continuous Mapping

A system of mapping in which the total extent of the mapped area is represented as a whole, without any spatial sub-divisions being apparent.

Contract

A legally binding agreement.

Conveyance

A deed transferring land.

Co-ordinates

Pairs of numbers expressing horizontal along orthogonal axes, or triplets of numbers measuring horizontal and vertical distances.

Cotswold Maps

see Reconstituted.

County Series

Record maps dating from the end of the 19th century to the middle of the 20th.

Creditor

A person in whose favour is granted a Standard Security over heritable property as security for a loan or the performance of an obligation (ad factum praestandum).

Currency

The level to which data is kept up to date.

Cursor

A pointer appearing on a screen, under the control of a mouse or other pointing device. A hand-held device on a digitising table or tablet used for picking menus or accurately digitising graphic objects.

CX

Correction Case - the Land Certificate is resubmitted for correction. May be submitted by agent or requested by the Agency.

Data

A collection of facts, concepts or instructions in a formalised manner suitable for communication or processing by human beings or by automatic means.

Database

A collection of data organised according to a conceptual structure describing the characteristics of the data and the relationships among their corresponding entities, supporting applications areas.

Datum

The fixed starting point of scale or a co-ordinate system

Daily Running Number

- as it suggests this is a running number of the deeds recorded in Sasines in a County on a particular day. At the end of each year a bound Minute Book, containing all the Minutes for that particular year is published for each county. At this time each minutes is allocated a yearly running number as well as retaining the daily running number the deed was allocated when presented for recording. The Minute Book is signed at the bottom of each page, and is kept in the Scottish Record Office. An identical, but unsigned, copy called the abridgements for deeds recorded prior to 1993 is kept in the Agency, and after that date they are stored on computer.
 

Dealing

Any transaction which on registration causes an amendment to be made to the Title Sheet of a registered interest in land (section 5(1)).

Dealing with the Whole

Dealing with the whole of a registered interest. Paradoxically, this expression includes a Dealing with a part of a registered interest in respect of which the Keeper does not require to make up a separate Title Sheet (section 5(1)).

Debtor

The granter of a Standard Security over his property.

Deed

A document which is executed according to the formalities required in the individual case, e.g. executed by an individual, Company etc.

Deed Inducing Registration (DIR)

The deed which is the immediate cause of a First Registration in the Land Register.

Deed of Conditions

A Deed of Conditions is usually granted by someone who owns a large area of ground, such as the builder in the earlier example. The deed narrates all of the conditions that apply to the whole area. This prevents lengthy repetitions of all the conditions every time a plot is sold off. The conditions are likely to be similar to those imposed by a Feu Disposition. By Section 17 of the Land Registration (Scotland) Act 1979 the conditions in a Deed of Conditions executed on or after that date burden the land immediately on recording or registration of the Deed of Conditions, unless it contains a declaration that the provisions of Section 17 are not to apply. Therefore if a Deed of Conditions executed on or after 4th April 1979 does not contain a declaration that Section 17 is not to apply, the conditions apply immediately to the whole of the land affected and is therefore not required to be referred to in the subsequent sales of any part. On the other hand if a Deed of Conditions is executed before 4th April 1979 or contains a declaration that Section 17 is not to apply the subjects are not burdened by the conditions until the Deed of Conditions has been referred to in a subsequent conveyance.

Deed of Restriction

A Standard Security is a burden on a property. A Deed of Restriction is used to release part of the property from the Standard Security. Restrictions are commonly used when a builder has bought a large area of ground and has obtained a loan over it by granting a Standard Security. The builder then builds houses on the ground. When the builder sells each of the houses, it is important that the house buyers are not responsible for the Builder's debt. The builder would ask the creditor in the Standard Security to grant a Deed of Restriction over the plot of ground sold off. This restricts the Standard Security to the land that the builder still owns. The house plot is DISBURDENED from the Standard Security and freed from any liability to repay the loan.

Deed of Variation

The terms of a Standard Security can be altered by granting a deed of variation. Standard Securities can be varied to enable the debtors to borrow more money or, more commonly, to make a change to the persons liable to repay the mortgage. For example, a couple separate and one of them buys out the other's share of their joint property. Rather than taking out a new Standard Security, the remaining party may choose to vary the existing one, so that they become solely responsible for the repayments.

Deposit

A method of holding in the Department a document lodged with which will be used in connection with an ensuing registration.

Derived Map

A map produced from other maps rather than from an original survey.

Derived Scale

Map that is formed by either enlarging or reducing a base scale map which is shown as the PARENT MAP.

Designation

A persons title, description of occupation and address at which they are permanently resident.

Destination

A clause of direction as to the persons who are to succeed to the property. e.g. equally and survivor.

Detail

Buildings, structures, boundaries, physical ground features (natural or artificial), etc. whose extent shape and/or planimetric positions can be defined on the map to scale or by symbols.

Digital Mapbase

Ordnance Survey vector maps which are maintained on a computerised database

Digital Map Data

The digital data required to represent a map

Digital Mapping

The process of storing and displaying map data in computer form.

Digital Mapping Unit

A 1/1250 or 1/2500 complete maptile

Digitising

The conversion of analogue maps and other sources to a computer readable form. (This may be point digitising, where points are only recorded when a button is pressed on the puck, or stream digitising where points are recorded automatically at pre-set intervals of either distance or time.)

Digitising Table

An electronic draughting table capable of recording the (x,y) co-ordinates of a point on a table in computer readable form

Discharge

The creditor grants a discharge of the Standard Security when the loan has been repaid. This deed clears the Standard Security from the property, and means that the creditors no longer have a claim on the property (in terms of that Standard Security).
NB - Discount Standard Securities are not normally discharged. They have a specified period of validity, which is narrated in the deed, after which time they are said to "fall", i.e. they are effectively discharged.

Disposition

A Disposition transfers the Granters (the person selling the property) whole right, title and interest in a property to the Grantee(s) (the person buying the property). This is the usual type of deed that would be used when someone sells his or her house. Once a Disposition has been granted the Seller retains no further interest in the property.

A DISP. may be used to effect the transfer of a superiority interest as well as a property interest

Docket on Confirmation

A Docket endorsed by an Executor on a Confirmation or Certificate of Confirmation whereby heritable property is transferred to the person entitled thereto.

Doomsday 2000

A project which aims to create a national computerised archive of property and land data in Britain.

Disposition

The normal method of transferring from one proprietor to another property already feued.

Dominant Tenement

The property in favour of which there is a servitude.

Dominium Directum

See Superiority.

Dominium Utile

The right of full use of heritable property subject only to conditions imposed in the feu writ.

Dpi (Dots per inch)

A unit of measurement for the resolution of a scanning or printing device.

Dragging

Relocating display elements on a screen with a pointing device. This can be done by pressing and holding a pushbutton while moving the pointer on the screen.

Duplicate Plan

-is where an authenticated copy of a deed plan has been recorded in the Books of Council and Session normally due to its size and colourings kept by the National Archives of Scotland. A colour copy of which can been obtained from the record office using an L32 Form.

E.B.M.

Examination Before Map: the referral of a case to a member of legal prior to the case being mapped.

Edge Matching

The process of ensuring that data along the adjacent edges of map sheets or some other unit of storage, matches in both positional and attribute terms.

Enlargement

Where a small part of the plan needs clarifying an inset plan is added to the face of the Title Plan. 'Enlargement' should be used when a scale enlargement of part of the detail shown on the Title Plan is added. Enlargements shown on official plans should show the scale as a representative fraction.

Enlarged Plan

When a small part of the plan needs clarifying an inset plan is added to the face of the Title Plan. 'Enlarged Plan' should be used when the addition is an extract from a larger scale plan, e.g. an architect's or a surveyor's plan, or a deed plan where the scale is reliable. Enlarged Plans will follow the scale of the deed plans on which they are based, but the scale should be expressed as a representative fraction where this is practicable.

Estate

The extent of a person's interest in land.

Estate Plans

Plans lodged in the Department to show intended development on building estates.

Excambion (or Exchange)

A Contract of Excambion is a writ entered into to effect the exchange of one piece of land for another. Excambions may be effected by Disposition.

Feature

A point or line used to represent one or more real-world objects.

Feature Code

An alphanumeric code which describes and/pr classifies geographic features.

Fenceline

Boundary of a parcel of land physically represented on the ground by a surveyable object such as a wall or a fence.

Feuar

One who holds an interest in land subject to the conditions in a Feu Writ.

Feu

The granting by a superior to a vassal in perpetuity of the right of property (or dominium utile) in the ground feued, i.e. the vassal has the full use of the property, limited only by the conditions imposed in the grant by the superior. Feus may be created by Feu Contract, Feu Charter or Feu Disposition.

Feu Charter

see Feu Disposition

Feu Contract

see Feu Disposition

Feu Disposition

A Feu Disposition creates a Feudal Relationship between those selling and those buying a property. As in a Disposition, the Granter of the Feu Disposition is selling the property to the Grantee. However, the Granter of a Feu Disposition retains an interest in the property - the superiority (or dominium directum). This interest gives the Granter the right to impose and enforce conditions over the property. The Grantee has the right to possess the property or dominium utile. providing that they do not breach any of the conditions set by the Granter. The word Feu in the title of the deed always indicates that a Feudal Relationship is created by it. Other deed types that have a similar effect are the Feu Charter and the Feu Contract.

Field Report

The Surveyor’s report on Form P1.

Field Work

Surveys resulting in the revision of Ordnance Maps.

First Registration

The registration in the Land Register of a previously unregistered interest in land (section 6(1)).

Floating Shape

Subjects shown on a deed plan which contains insufficient surrounding detail to tie in the extent to the Ordnance Map.

Floor Level Cases

Registration of a floor or part of a floor of a building (other than tenement or split villa cases). Applications which relate to the registration of parts of buildings, on one or more levels, where there is no consistent pattern of extent. These will include shopping precincts, complex high rise flatted properties, tunnels and other strata cases.

First Registration (FR)

The registration in the Land Register of a previously unregistered interest in Land.

Foreshore

The land between high and low water marks. Foreshore is udal in Orkney and Shetland.

Form 1

The pink application form which must accompany every FR.

Form 2

The blue application form accompanying Dealings

Form 3

The yellow application form for Transfers of Part

Form 10 Report

is a report designed for use in connection with a transaction leading to a First Registration in the Land Register and is a comprehensive report to cover the Register of Sasines, the Register if Inhibitions and Adjudications and the Land Register.

Form 11 Report

is a continuation of the Form 10 Report and discloses whether there have been any entries on the Register between the date of issue of the Form 10 Report to the Settlement date.

Form 12 Report

this is a application for a report of registered subjects to disclose any entries on the Register between the date of issue of the Land Certificate and the date of the Report.

Form 13

is a continuation of the Form 12 Report and discloses whether there have been any entries on the Register between the date of issue of the Form 12 Report to the Settlement date.

Form 14

this is an application for a report to ascertain whether or not subjects have been registered.

Form P16 Report

this is an application to compare a defined extent with the latest Ordnance Survey information held by the Agency.

Form 17 Report

this is an application to compare any boundaries which were plotted on the Title Plan with the latest Ordnance Survey information held by the Agency to see if they are now delineated.

Foundation Deed

The deed which starts a prescriptive progress of Title, such a deed may be a breakaway deed (which see), but equally may be a subsequent transfer of subjects which contains only a description by reference to an earlier deed (e.g. a Feu Contract) containing a full description.

Full Bounding Description

A written description of the extent of a property, containing measurements and orientation of the boundaries

Gazetteer

Ordinance Survey Gazetteer of place names alphabetically cross-referenced to National Grid four figure references.

Geographic

Information about objects or phenomena that are associated Information with a location relative to the surface of the Earth. A special case of spatial information.

Geographic Information System

A system for capturing, storing, checking, integrating, manipulating, analyzing and displaying data which are spatially referenced to the Earth.

Grantee

The person benefited by a conveyance or Assignation in his favour.

Granter

A person who grants a writ which transfers, discharges or otherwise deals with his interest.

Graphitheque

The storage cabinets used for the Record Maps.

Grassum

A premium or lump sum payment (or consideration) e.g. for the grant of a Feu or Lease.

Greening out

The method of showing that land has been removed from a Title Plan (by edging and numbering in green).

Grid Reference

The position of a point on a map expressed in terms of grid co-ordinates.

Ground Surface Level

Where more than one level of detail exists ground surface level is defined as the upper level to through public communications.

Group Services

Area incorporating Intake, Despatch, Reports and both plans and legal staff. It is the main storage area for casework, Title Plans, Record Maps and Back-up Files.

Hard Copy

A print or plot of output data on paper or some other tangible medium.

Hardware

All or part of the physical components of an information processing system.

*
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.
Using this website requires you to accept cookies. More information on cookies.