S4.5 Rights in Breakaways
Where a deed conveys a right to property e.g. a right in common to a drying green or a right in common to an access road, these rights are not minuted at length, they are covered by inserting “&c.” into the Minute.
Exclusive rights are treated in the same way as pertinents and are minuted as an exclusive right is similar to ownership.
Rights to the sea-bed or foreshore are also minuted.
Rights of access are normally covered by “&c.”, although in certain cases it is permissible to minute a right of access if it is the only way to introduce places index material into the Minute.
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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