S14.15 Entries in Land Register Title Sheets

Every Sasine minute for a deed that creates real burdens will have a mirror entry in the Title Sheet of the Land Register subjects affected by those burdens. The following example shows a Sasine minute for a dual registered Disposition that created real burdens affecting subjects remaining in the Sasine register, and the Property and Burdens Section entries in the Land Register Title Sheet for the same deed:

Sasine minuteLand Register
(no 1) 13 Oct. 2005
DISP. by TREFOIL HOUSE – TO BARNARDOS, - containing inter alia (I.) real burdens affecting subjects TREFOIL HOUSE, I, II and III referred to in Disp. to Robert Augustus Robertson, recorded 30 Jul. 1906 (under exception of subjects therein disponed) and (II.) servitude rights affecting said subjects. Dated 29 Aug. 2005.
- at GOGARBANK.
- PLAN.
– see Title No. MID81878.

Property Section - MID81878

DESCRIPTION
Subjects lying on the south side of the roadway leading from LONG HERMISTON to RATHO edged red on the Title Plan, together with the servitude right specified in Part 3 of the Disposition in Entry 2 of the Burdens Section. Together also with the subsisting rights to real burdens specified in the Schedule below.

SCHEDULE OF PARTICULARS RELATIVE TO SUBSISTING RIGHTS TO REAL BURDENS

Entry NoBenefited PropertyReal BurdensBurdened Property
1Subjects in this TitlePart 2 of the Disposition to Barnardo's, registered 13 Oct. 2005, in Entry 2 of the Burdens Section.Subjects Trefoil House, being the subjects I, II and III described in Disposition to Robert Augustus Robertson, recorded G.R.S. (Edinburgh) 30 Jul. 1906, under exception of the subjects in this Title.

 

Burdens Section - MID81878 

Disposition by Trefoil House to Barnardo's and its successors and assignees, registered 13 Oct. 2005, of subjects on the south side of the roadway leading from Long Hermiston to Ratho, being the subjects in this Title ("the Conveyed Property"), contains the following real burdens and servitude: 

Part 1 Interpretation

"Retained Property" means the subjects Trefoil House, being the subjects I, II and III described in the Disposition to Robert Augustus Robertson, recorded G.R.S. (Edinburgh) 30 Jul. 1906, under exception of the Conveyed Property;

Part 2 Real Burdens affecting the Retained Property
The following real burdens are imposed on the Retained Property in favour of the Conveyed Property:-

[burdens set out at length]

Part 3 Servitudes affecting the Retained Property

The following servitudes are imposed on the Retained Property in favour of the Conveyed Property

[servitudes set out at length]

Comparison

It should be clear, from looking at either the Sasine minute or the Land Register entry, whether the deed created real burdens and/or servitudes, and which Sasine subjects are affected by those real burdens and/or servitudes.

Note that, in the above example, the Sasine Minute and the Land Register entry use the same description of the subjects that have the right to enforce the real burdens, and both also identify the subjects affected by the servitude.

 

Registers of Scotland (RoS) seeks to ensure that the information published in the Sasines Manual is up to date and accurate but it may be amended from time to time.
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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