S14.9 Rights of pre-emption & pro indiviso shares

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Oct 01, 2015
1 min read

Rights of pre-emption

It is no longer possible to create rights of pre-emption as personal real burdens (unless the right is in favour of a rural housing body). A right of pre-emption, post-Appointed Day, can only be created as a praedial real burden in favour of a benefited property.

Burdened or benefited property held pro indiviso

It is not competent to create burdens over a pro indiviso share of property (s.4(6)). This means, for example, that a Housing Association cannot create real burdens in a Disposition of a pro indiviso share that affect only the share being sold.

For the avoidance of doubt, this does not prevent nomination of a burdened or benefited property that may incidentally include a pro indiviso share, such as a flat disponed together with a pro indiviso share of a drying green.

Any attempt to impose real burdens on or in favour of a pro indiviso share should be referred to a Sasines RO1 referral officer who will provide advice on how to proceed.

 

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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