S14.8 Section 53 - Exception to the dual registration rule

Section 53 of the Title Conditions Act is a transitional provision that applies to ongoing developments where some properties within a development were already sold before the Appointed Day, and avoids the need for multiple dual registrations against all of the properties that have previously been sold. If s.53 applies the result is that every other proprietor in the development will automatically have a right to enforce the real burdens in the deed. 

Consequently, a deed that satisfies the requirements of s.53 does not need to nominate and identify the property that has the right to enforce the burdens, nor does it have to be dual registered. Many deeds submitted in terms of s.53 state that s.53 applies, but there is no requirement for such a statement, provided that it is stated somewhere in the application e.g. a covering letter or the application form, that s.53 applies. 

However, it is possible that Dispositions affected by s.53 will need to be dual registered to create servitude rights, or because the application is a Section 53/ Section 4 Hybrid. 

If this is the case, the Sasine minute should make it clear that the deed has been dual registered to create servitude rights only, as discussed more fully in Local Authority and Housing Association Dispositions creating servitudes in Section 14.10. 

If a Disposition granted by a Local Authority or Housing Association does not nominate and identify a benefited property for the real burdens, and does not appear to contain any servitude rights the agent should be contacted to ascertain the reason for the dual registration application. 

Unusual cases where Dispositions by Local Authorities or Housing Associations do nominate or identify a benefited property in respect of the real burdens should be referred to a Sasine RO1 referral officer for advice before proceeding.