S4.4 Pertinents in Breakaways
PERTINENTS are parts of a property that go along with that property, but are not comprised in it, e.g. garden ground, coal cellar, garage, w.c., parking space. These are called specific pertinents.
All specific pertinents are minuted and are shown in the Minute immediately after the description of the subjects disponed.
Examples of breakaway Minutes:
....of house 34 SHELDON AVENUE, BATHGATE, with garden ground, parking space and cellar, part of subjects referred to in........
or
....of eastmost house on first floor above the street or ground floor 128 LONDON ROAD, EDINBURGH, with w.c. and coal cellar, of tenement 126 to 128 London Road.....
Pro-indiviso shares, where only part of a pertinent is disponed e.g. 1/12 pro-indiviso share in common amenity ground, are not minuted.
Non-specific pertinents are not minuted. If the deed refers to “and all pertinents, privileges...” this is not minuted.
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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