S5.1 Estates

Where the Subjects Disponed form part of an Estate: 

Where the best possible link for the subjects disponed is in the writ

Writ:
DISP. by A to B, - of 0.25 acre, with ROSE COTTAGE, TOMINTOUL thereon, part of Estate of DELNABO, in Parish of Avon, described in Disp. to ...
Backing: Rose Cottage, Tomintoul.

Minute:
DISP. by A - TO B, - of 0.25 acre, with ?q?nROSE COTTAGE?z, ?q?nTOMINTOUL?z thereon, part of Estate of ?q?nDELNABO?z, in Parish of Avon, referred to in Disp. ... Dated...

NOTE: The Parish is required in the Minute to identify the location of the Estate.

OR:

Writ:
DISP. by A to B, - of 0.25 acre, with ROSE COTTAGE, TOMINTOUL thereon, part of (FIRST) lands and estates of DELNABO and DELAVORAR, in Parish of Avon, described in Disp. to ... and (SECOND) lands of TOMNABAT, in Parish of Avon, described in Disp. to ...
Backing: Rose Cottage, Tomintoul.

Minute:
DISP. by A - TO B, - of 0.25 acre, with ?q?nROSE COTTAGE?z, ?q?nTOMINTOUL?z thereon, part of (I.) lands and estate of ?q?nDELNABO?z &c. referred to in Disp. ... and (II.) lands of ?q?nTOMNABAT?z, referred to in Disp. ... all in Parish of Avon. Dated...

Where the best possible description of the subjects disponed is from an external source

Writ:
DISP. by A to B, - of 0.25 acre, part of Estate of DELNABO, in Parish of Avon, red on plan annexed to Disp. to ...
Backing: Rose Cottage, Tomintoul.

Minute:
DISP. by A - TO B, - of 0.25 acre, part of Estate of ?q?nDELNABO?z, in Parish of Avon, referred to in Disp. ... Dated...
?l- ?q?nROSE COTTAGE?z, ?q?nTOMINTOUL?z.

OR:

Writ:
DISP. by A to B, - of 0.25 acre, with ROSE COTTAGE, TOMINTOUL thereon, part of Estate of DELNABO, in Parish of Avon, described in Disp. to ...
Backing: Rose Cottage, Bridge Street, Tomintoul.

Minute:
DISP. by A - TO B, - of 0.25 acre, with ?q?nROSE COTTAGE?z, ?q?nTOMINTOUL?z thereon, part of Estate of ?q?nDELNABO?z, in Parish of Avon, referred to in Disp. ... Dated...
?l- ?q?nBRIDGE STREET?z.

NOTES:
(1) Since Rose Cottage and Tomintoul have already been shown in the minute only additional information has been shown from the backing.
(2) Tomintoul has not been indexed in the minute of the Disposition since a better link has been made from the backing which will be used in the future.
(3) External information relating to the major area is always shown after any external information relating to the individual subjects disponed.
e.g. ?l- ?q6?nCLAYKNOWES WAY?z, MUSSELBURGH, part of farm and lands of ?q?nSTONEYBANK?z.

Where the best possible link is narrated in gremio of any accompanying deed

Writ:
DISP. by A to B, - of 0.25 acre, part of Estate of DELNABO, in Parish of Avon, described in Disp. to ...
Backing: Rose Cottage, Bridge Street, Tomintoul.

STANDARD SECURITY by B to Bank of Scotland plc, - over subjects ROSE COTTAGE, BRIDGE STREET, TOMINTOUL, being 0.25 acre, part of estate of DELNABO, in Parish of Avon, described in Disp. to ...
Backing: Rose Cottage, Bridge Street, Tomintoul.

Minute:
DISP. by A - TO B, - of 0.25 acre, part of Estate of ?q?nDELNABO?z, in Parish of Avon, referred to in Disp. ... Dated...
?l-?q?nROSE COTTAGE?z, ?q?nBRIDGE STREET?z, TOMINTOUL.

STANDARD SECURITY by B - TO BANK OF SCOTLAND PLC, - over ?q?nROSE COTTAGE?z, ?q?nBRIDGE STREET?z, TOMINTOUL, being the subjects in ?uthe?z immediately preceding Minute. Dated ...

OR

Writ:
DISP. by A to B, - of 0.25 acre, in TOMINTOUL, part of estate of DELNABO, in Parish of Avon, described in Disp. to ...
Backing: at Tomintoul.

STANDARD SECURITY by B to Bank of Scotland plc, - over subjects ROSE COTTAGE, BRIDGE STREET, TOMINTOUL, being 0.25 acre, part of estate of DELNABO, in Parish of Avon, described in Disp. to ...
Backing: Rose Cottage, Bridge Street, Tomintoul.

Minute:
DISP. by A - TO B, - of 0.25 acre, in TOMINTOUL, part of estate of ?q?nDELNABO?z, in Parish of Avon, referred to in Disp. to ...Dated ...

NOTE: Tomintoul would not be indexed since the best possible link can be made from the accompanying Standard Security.

STANDARD SECURITY by B - TO BANK OF SCOTLAND PLC, - over ?q?nROSE COTTAGE?z, ?q?nBRIDGE STREET?z, TOMINTOUL, being the subjects in ?uthe?z immediately preceding Minute. Dated ...

If there is no backing information on the breakaway deed but the subjects are specified in an accompanying deed, the following practice should be used:

Writ:
DISP. by A - To B, - of 0.25 acre in AYR, part of lands of BURNSIDE, described in ...
STANDARD SECURITY by B to C, - over 0.25 acre, with house 12 SMITH STREET, AYR thereon, being the subjects described in Disp. to ...

Minute:
DISP. by A - TO B, - of 0.25 acre in AYR, part of lands of ?q?nBURNSIDE?z, referred to in ...
STANDARD SECURITY by B TO C, - over house ?q12?nSMITH STREET?z, AYR, being the subjects in ?uthe?z immediately preceding Minute. Dated ...

AYR is not coded in the Disposition as it is less specific than BURNSIDE and because a better description of the subjects appears in the next minute.

Sometimes the best link to the major area may be contained in a Standard Security. As we no longer link title to title, the information from the Standard Security can be used:
e.g. Disp. to major area - lands of Killiecrankie, on Glen Road, Perth.

Standard Security over major area - 9 Lomond Road, being lands of Killiecrankie, on Glen Road, Perth
Minute breakaway Disp. as:
0.1 acre, part of subjects referred to in ... Dated ...
?l- part of ?q9?nLOMOND ROAD?z, PERTH.

The best description of the major area is 9 Lomond Road and as this appears on the Search Sheet it can be used as the link. This is because the link is made to the major area not to the title to the major area.

 

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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