- Latest available (Revised)
- Original (As enacted)
Land Registration etc. (Scotland) Act 2012, Section 25 is up to date with all changes known to be in force on or before 09 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)The conditions are that—
(a)the deed is valid,
(b)the deed so describes the plot as to enable the Keeper to delineate its boundaries on the cadastral map,
(c)where within the plot there is a lesser area in respect of which a registrable encumbrance is constituted there is included in, or submitted with, the application a plan or description sufficient to enable the Keeper to delineate the boundaries of the lesser area on the cadastral map,
(d)there is included in the application a description of every public right of way (by whatever means) over or through the plot in so far as known to the applicant.
(2)Subsection (1)(b) and (c) do not apply—
(a)if the plot to which the deed relates is a flat in a flatted building, and
(b)either—
(i)the flatted building is, by virtue of section 16, represented as a single cadastral unit in the cadastral map, or
(ii)the Keeper has indicated that the flatted building is, by virtue of that section, to be so represented.
(3)Despite subsection (2), subsection (1)(b) and (c) apply in so far as the plot includes a pertinent outwith the flatted building, being a pertinent only of the plot.
(4)Subsection (1)(c) does not apply in relation to an encumbrance which consists of—
(a)a right to lead a pipe, cable, wire or other such enclosed unit over or under land,
(b)a servitude created other than by registration.
(5)In this section and sections 30 and 41 in so far as they apply by virtue of this section, references to the plot are to be read as references to—
(a)where this section applies by virtue of section 24(2), (3) or (4), the area of land which forms the subjects of the lease,
(b)where this section applies by virtue of section 24(5), the area of land to which the deed relates,
(c)where this section applies by virtue of section 24(6) or (7), the area of land in respect of which the subordinate real right is constituted.
Commencement Information
I1S. 25 in force at 8.12.2014 by S.S.I. 2014/127, art. 2
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: