S4.12 Full Bounding Descriptions in Subsequent Transactions

Where a subsequent transfer contained a full bounding description, the following rules apply:

(a)  If better information e.g. a postal address is contained in the deed this would be minuted in preference to any of the boundaries.

Deed:       0.25 acre, bounded on the south by Brown Street, on the east by Black Street, on the north by J Anderson’s property and on the west by L O’Neill’s property … together with house 12 Brown Street, Ayr.

Minute:      0.25 acre, with house ?q12?nBROWN STREET?z, AYR…..

(b)  If better information is available from the backing of the deed, the plan, the SAF or from the Search Sheet, the same rules as (a) would apply although this information would appear underneath the minute proper.

Deed:       0.25 acre, bounded on south by Brown Street, on east by Black Street, on north by J Anderson’s property and on the west by L O’Neill’s property, all in the town of Ayr.
                        Backing: 12 Brown Street, Ayr

Minute:      0.25 acre.  Dated ……
?l - ?q12?nBROWN STREET?z, AYR.

(c)  If the deed contains a reference, this will be minuted along with the best description of the subjects (normally a postal address or first class boundary).

Deed:       0.25 acre, bounded on south by Brown Street, on east by Black Street, on north by J Anderson’s property and on west by L O’Neill’s property, described in …… with house 12 Brown Street.

Minute:       0.25 acre, with house ?q12?nBROWN STREET?z, AYR,
                  referred to in Disp …..

Or, if the best description is in the backing or accompanying letter:

Minute:       0.25 acre, referred to in Disp ……
                   Dated …….
                   ?l- ?q12?nBROWN STREET?z, AYR.

 

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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