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S4.14 Solum, Pertinents and Rights

S4.14 Solum, Pertinents and Rights

Solum is minuted only where it includes a square measurement, e.g. for breakaway writs, minute:

house 4 HIGH STREET, FORFAR, with solum thereof and ground attached extending to 200 square yards ...

and e.g. for subsequent transfers, minute:

house 4 HIGH STREET, FORFAR &c. extending to 200 square yards ...

Pertinents and rights should not normally be minuted in a subsequent transfer. The reference to a prior recorded title imports all pertinents and rights described in that title and they do not require to be repeated.

EXAMPLE

Description of subjects in deed:

ALL and WHOLE that terraced dwellinghouse known as and forming Seventy Ellens Glen Loan, Edinburgh together with the garden ground effeiring thereto, garage and all other erections thereon being the subjects more particularly described ...

MINUTE:

house ?q70?nELLENS GLEN LOAN?z, EDINBURGH, referred to in ...

 

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