Part 2Registration

Applications for registration

I126Conditions of registration: deeds relating to registered plots

1

The conditions are that—

a

the deed is valid,

b

the deed relates to a registered plot of land,

c

the deed narrates the title number of each title sheet to which the application relates, and

d

the deed, in so far as it relates to part only of a plot of land or of the subjects of a lease, so describes the part as to enable the Keeper to delineate on the cadastral map the boundaries of the part.

2

Where the title number of the title sheet of a sharing plot is narrated in the deed, subsection (1)(c) does not require the narration of the title number of the title sheet of the shared plot.

3

Subsection (1)(d) does not apply if—

a

the part 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 depicted.

4

Despite subsection (3), subsection (1)(d) applies in so far as the part includes a pertinent outwith the flatted building, being a pertinent only of the part.

5

Subsection (1)(d) does not apply in the case of an application which relates to registration to create as a servitude a right to lead a pipe, cable, wire or other such enclosed unit over or under land.