S14.7 Rule 5: The deed must be dual registered

A deed that creates real burdens must be registered against both the burdened and the benefited properties. Although the term "dual registration” is commonly used, it is possible that multiple registrations might be required for any given deed.

For example, a deed might relate to 2 burdened properties and 1 benefited property. Dual registration to create real burdens against both the burdened and the benefited properties must occur on the same day. In other words, in the case of a Disposition inducing first registration in the Land Register, the Sasine recording date must be the same as the registration date of the FR application ("FR"). The date of the FR application must always be checked against the Sasine recording date.

Any deeds containing real burdens that are presented for Sasine recording on a date different from the Land Registration date should be referred to a Sasine RO1 referral officer for advice on how to proceed.

If any additional Land Register subjects are nominated as burdened or benefited properties, the Land Register application record should be checked to make sure that the deed has been presented for registration against those subjects on the same day also.

 

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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