S4.1 Breakaways

When compiling reports for Solicitors, searchers have to be able to trace properties which “breakaway” from major areas. To enable them to do this, we must ensure that there is a link in the places index between the breakaway and the Granter’s title (a link is an indexable item e.g. a street name, town or farm which is common to both the breakaway deed and the Granter’s title Minute).

Example One

Major area

19 68/100 acres of ground, to east of GLASGOW ROAD, STIRLING, described in Disp. to Magistrates &c. of Royal Burgh of Stirling, recorded 20 Apr. 1954.

Breakaway Writ

15164 (No.41) 12 Feb. 1998 Fi. 965. 11
FEU DISP. by STIRLING DISTRICT COUNCIL - TO GEORGE DAVID MACKENZIE and FIONA KAREN MACKENZIE, spouses, 34 Whins Road, St. Ninians, Stirling, equally and survivor, - of ground, with house 34 WHINS ROAD, ST. NINIANS, STIRLING &c. thereon, bounded on northeast by said road, part of 19.68 acres to east of GLASGOW ROAD, referred to in Disp. to Magistrates &c. of Stirling, recorded 20 Apr. 1954 - reserving minerals. Dated 5 Feb. 1998.
£17,550, PLAN.

In the above example, the common indexable item is GLASGOW ROAD. This enables the searcher to trace any breakaways from the 19 68/100 acres by looking up Glasgow Road in the Minute Book indexes.

Example Two

Major Area

subjects known as lands and farm of LEITCHBANK including lands of DRUMBANE and ORCHARDHILL, Torrance, in Parish of Campsie, described in Disp. to William Paterson, recorded 12th Nov. 1913.

Breakaway Writ

11486 (No. 61) 3 Feb. 1998 Fi. 735. 5
FEU DISP. by GAVIN WILSON PATERSON, Bridgend Farm, Kirkintilloch - TO LILY THOMSON PATERSON or FITZPATRICK, Drumbain Cottage, Torrance, - of ground, with DRUMBAYNE COTTAGE (otherwise DRUMBAIN COTTAGE), TORRANCE, GLASGOW thereon, part of lands and farm of LEITCHBANK &c. in Parish of Campsie, referred to in Disp. to William Paterson, recorded 12 Nov. 1913. Dated 27 Jan. 1998.
C G & O C.

Where there is more than one link only the first link of appropriate status is minuted, the others are covered by &c. A named street takes preference over a town and a town would take preference over farm and lands.

When minuting farm and lands/estate of, the Parish MUST be included as Farm and lands/estates can span more than one Parish and we have to be as specific as possible.

Example Three

Major Area

20.585 acres bounded partly by OCHILTREE TERRACE, FALKIRK, described in Feu Disp. to Scottish Special Housing Association Limited, recorded 15 May 1958.

Breakaway Writ

07895 (No. 23) 31 May 1998 Fi. 510. 16
FEU DISP. by SCOTTISH HOMES - TO THOMAS BOYD and ELIZABETH WILSON STEWART CAMERON or BOYD, spouses, 58 Ochiltree Terrace, Camelon, Falkirk, equally and survivor, - of ground, comprising subjects 58 OCHILTREE TERRACE, CAMELON, FALKIRK, part of 20.585 acres, referred to in Feu Disp. to Scottish Special Housing Association Limited, recorded 15 May 1958. Dated 11 Jul. 1998; with Minute of Extension, dated 4 May 1998, by SCOTTISH HOMES thereon.
£9030.

Ochiltree Terrace is the postal address and forms the link, so there is no need to repeat it when narrating the major subjects.

Example Four

Major Area

8 1/2 acres of ground bounded partly by PARKFOOT STREET and partly by PARKBURN ROAD in Burgh and Parish of KILSYTH, described in Feu Disp. to Magistrates &c. of Burgh of Kilsyth, recorded 28 Feb. 1939.

Breakaway Writ

08378 (No. 10) 25 May 1998 Fi. 358.15
FEU DISP. by CUMBERNAULD and KILSYTH DISTRICT COUNCIL - TO ROBERT AUCHINVOLE and MARGARET WHITE BLACK DONALDSON or AUCHINVOLE, spouses, 53 Parkburn Road, Kilsyth, equally and survivor, - of ground, with house 53 PARKBURN ROAD,KILSYTH, part of 8 1/2 acres, referred to in Feu Disp. to Magistrates &c. of Burgh of Kilsyth, recorded 28 Feb. 1939 - reserving minerals. Dated 3 May 1998.
£9430.

Parkburn Road (one of the links) is contained within the description of the subjects disponed so there is no need to repeat it.

Example Five


Major Area

(I) 0.21 acre, part of lands of CASTLEHILL, in Parish of Slamannan, described in Disp. to Stirling County Council, recorded 13 Mar. 1967 and (II) 0.379 acre, on south side of NEW STREET, SLAMANNAN, described in Not. Instrument of Stirling County Council, recorded 23 Aug. 1961.

Breakaway Writ

09092 (No. 34) 21 Jun. 1998 Fi. 584.19
FEU DISP. by FALKIRK DISTRICT COUNCIL - TO JOHN MUIR and ISABELLA GARDNER DOBBIE GRAY MUIR, spouses, 13 Kirkburn, Slamannan, equally and survivor, - of 0.018 hectare, with house &c. 13 KIRKBURN, SLAMANNAN thereon, part of (I) 0.21 acre, part of lands of CASTLEHILL, in Parish of Slamannan, referred to in Disp. to Stirling County Council, recorded 13 Mar. 1967 and (II) 0.379 acre on south side of NEW STREET, SLAMANNAN, referred to in Not. Instrument to Stirling County Council, recorded 23 Aug. 1961 - reserving minerals. Dated 30 Mar. 1992.
£9660, PLAN.

Where there is more than one major area in a Minute, each with its own reference, only the first indexable item needs to be minuted for each reference.

Example Six

Major Area

ground in Parish of Larbert, part of several parts of lands and Barony of STENHOUSE, extending to 164 acres described in Sasine of Carron Company, recorded G.R. 6 Apr. 1774.

Breakaway Writ

10273 (No. 77) 12 Jul. 1998 Fi. 656.40
FEU DISP. by BARRATT FALKIRK LIMITED - TO STEPHEN COLLEY, 8 Sinclair Crescent, Denny and KAREN MACKAY, 1 Dunbar Avenue, Stenhousemuir, equally and survivor, - of ground, plot 65, with house 8 ANDERSON DRIVE, CARRONSHORE, FALKIRK &c. thereon, bounded on northnorthwest by said Drive, part of ground [part of lands and Barony of STENHOUSE], referred to in Sasine of Carron Company, recorded G.R. 6 Apr. 1774. Dated 15 Jun. 1998.
£42,100, PLAN.

If you cannot minute and code the link to the major area from the breakaway writ, this information may be introduced into the minute by square brackets, provided you have a reference back to a minute that contains the link.

Example Seven


Major Area

25 2/10 acres of ground, bounded on north by COLQUHOUN STREET and bounded partly by MILLHALL ROAD, STIRLING, described in Disp. to Provost, Magistrates and Councillors of Royal Burgh of Stirling, recorded 19 Jun. 1967.

Breakaway Writ

13736 (No. 35) 18 Feb. 1998 Fi. 877.40
FEU DISP. by STIRLING DISTRICT COUNCIL - TO ERIKA ANNA WRIGHT, 81 Carrick Court, Braehead, Stirling, - of ground, with house 81 CARRICK COURT, BRAEHEAD, STIRLING, part of 25.2 acres [bounded by COLQUHOUN STREET &c.], referred to in Disp. to Magistrates &c. of Stirling, recorded 19 Jun. 1967, - reserving minerals. Dated 15 Feb. 1998.
£13,275, PLAN.

In the breakaway writ neither Colquhoun Street nor Millhall Road appears. The link must therefore be introduced into the minute by using square brackets, as you have a reference back to a minute where the link appears.

Example Eight

Major Area

1.736 hectares [bounded by DALDERSE AVENUE, FALKIRK], II described in Disp, to Falkirk Iron Company Limited, recorded 7 Dec. 1922.

Breakaway Writ

00511 (No. 60) 12 Aug. 1998 Fi. 32.31
DISP. by MORVEN CONSTRUCTION LIMITED - TO IAIN MACDONALD and ROSE MARIA THERESE MACDONALD, spouses, 17 Campfield Street, Falkirk, equally and survivor, - of 0.066 hectare, plot 7 on plan, part of land [bounded by DALDERSE AVENUE, FALKIRK], referred to in Disp. to said Granter, recorded 24 May 1989. Dated 25 Jul. 1991.
7 DALDERSE DRIVE, FALKIRK.
£19,000.

In the major area, DALDERSE AVENUE, the link, has been squared in from a previous deed. In the breakaway, DALDERSE AVENUE is minuted because it appeared in the Disposition quoted in the writ.
The postal address is contained outwith the deed, so is shown as external information.

If you are unable to maintain the link for the major subjects because it is not contained within the deed and the reference does not allow you to square in, the link can be introduced as external information (taken from Search Sheet).

Minute:

....part of 6 acres, referred to in Disp. to....Dated....
?l- part of Estate of ?q?nMAY?z

or

?l- part of subjects bounded by ?q?nGLASGOW ROAD?z
If there was also a postal address to be shown as external information, it would be shown on a line BEFORE the link 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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