Land Registration etc. (Scotland) Act 2012

Valid from 08/12/2014

56 Advance notices S

(1) An advance notice is a notice—

(a) stating that a person intends to grant a deed to another person,

(b) stating the name and designation of both persons,

(c) describing the nature of the intended deed (as for example whether it is to be a disposition),

(d) where the intended deed relates to a registered lease or a registered plot of land—

(i) stating the title number of the title sheet to which the deed is to relate,

(ii) where the deed is to relate to a registered lease which does not have a lease title sheet, stating the particulars of the lease, and

(iii) where the deed is to relate to part only of the subjects of the lease, or to part only of the plot, describing the part so as to enable the Keeper to delineate on the cadastral map the boundaries of the part, and

(e) where the intended deed relates to an unregistered lease or unregistered plot of land, describing the lease or, as the case may be, plot.

(2) Subsection (1)(d)(iii) 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 on the cadastral map, or

(ii) the Keeper has indicated that the flatted building is, by virtue of that section, to be so depicted.

(3) Despite subsection (2), subsection (1)(d)(iii) applies in so far as the part includes a pertinent outwith the flatted building, being a pertinent only of the part.

(4) The Scottish Ministers may by regulations make provision about the description to be contained in an advance notice by virtue of subsection (1)(e).