The Land Registration (Scotland) Rules 2006

PART II THE TITLE SHEET

Contents and distinguishing number of title sheet

3.—(1) A title sheet shall consist of the following sections: a Property Section, a Proprietorship Section, a Charges Section and a Burdens Section.

(2) Each title sheet of a registered interest in land shall be distinguished by a title number, consisting either of numbers or of letters and numbers.

Property section

4.—(1) The Keeper shall enter in the Property Section–

(a) the description of the land in accordance with section 6(1)(a) of the Act;

(b) the nature of the interest in the land;

(c) particulars of any subsisting real right pertaining to the interest;

(d) particulars of any subsisting right to a title condition pertaining to the interest by virtue of section 18, 19 or 20 of the 2000 Act or section 4(5), 50, 75 or 80 of the 2003 Act and the identity of the burdened property affected by such title condition;

(e) particulars of any exclusion of indemnity under section 12(2) of the Act which the Keeper considers is appropriate to the Property Section; and

(f) such other information as the Keeper thinks fit.

(2) The Keeper shall include in the Property Section a plan of the land to which the interest relates.

(3) An entry in the Property Section in respect of particulars of a right to be entered in accordance with paragraph (1)(d) shall set out the terms of the title condition either by setting out–

(a) the terms of the title condition as set out in the constitutive deed in full or by entering a summary of such terms in the Property Section; or

(b) such terms by means of a reference to an entry in the Burdens Section of the same title sheet wherein such terms are set out in full.

Proprietorship section

5.  The Keeper shall enter in the Proprietorship Section–

(a) the name and designation of the person entitled to the interest in land;

(b) the extent of that person’s entitlement to the interest in land;

(c) the capacity in which that person is entitled to the interest in land, if that person is not so entitled as an individual;

(d) the destination, if any, to which the interest in land is subject;

(e) the date, if any, stated as the date of entry of that person to the interest in land;

(f) the date of registration of that person’s entitlement to the interest in land;

(g) any consideration stated for the transfer of the interest in land;

(h) any subsisting entry in the Register of Inhibitions and Adjudications adverse to the interest;

(i) particulars of any exclusion of indemnity under section 12(2) of the Act which the Keeper considers is appropriate to the Proprietorship Section;

(j) a statement that there are in respect of the interest in land no subsisting occupancy rights–

(i) in terms of the Matrimonial Homes (Family Protection) (Scotland) Act 1981(1), of spouses of persons who were formerly entitled to the interest in land; or

(ii) in terms of section 106 of the Civil Partnership Act 2004(2), of a non-entitled civil partner,

if the Keeper is satisfied that there is no such subsisting right; and

(k) such other information as the Keeper thinks fit.

Charges section

6.—(1) The Keeper shall enter in the Charges Section–

(a) particulars of any heritable security over the interest in land;

(b) particulars of any debt, including a pecuniary real burden affecting the interest in land;

(c) particulars of any exclusion of indemnity under section 12(2) of the Act which the Keeper considers is appropriate to the Charges Section; and

(d) such other information as the Keeper thinks fit.

(2) The Keeper shall note in the Charges Section particulars of a floating charge which falls to be noted in terms of section 6(4) of the Act as an overriding interest.

Burdens Section

7.—(1) The Keeper shall enter in the Burdens Section–

(a) particulars of any subsisting real burden, other than a real burden which falls to be entered in the Charges Section, and of any subsisting condition affecting the interest in land;

(b) the identity of the benefited property or of the holder of a personal real burden in respect of any subsisting real burden or condition affecting the interest in land by virtue of section 18, 18A, 18B, 18C, 19, 20, 27 or 27A of the 2000 Act or section 4(5), 38, 43, 44, 45, 46, 50, 75 or 80 of the 2003 Act;

(c) any statement which the Keeper is entitled or required to enter on the title sheet by virtue of section 58 of the 2003 Act;

(d) particulars of any exclusion of indemnity under section 12(2) of the Act which the Keeper considers is appropriate to the Burdens Section;

(e) particulars of a probative discharge of an overriding interest, other than a floating charge or the right of the proprietor of the benefited property in a servitude, but only where–

(i) the overriding interest has been either recorded in the Register of Sasines or noted in the Burdens Section; and

(ii) the applicant has requested that the particulars be noted;

(f) particulars of a probative discharge of the right of the proprietor of the benefited property in a servitude; and

(g) such other information as the Keeper thinks fit.

(2) Where particulars of any subsisting right to a title condition are to be entered in the Property Section in accordance with rule 4(3)(b), there shall be entered in the Burdens Section the terms of such title condition as set out in the constitutive deed.

(3) The Keeper shall note in the Burdens Section particulars of any overriding interest, other than a floating charge, which falls to be noted in terms of section 6(4) of the Act.

Combination and division of title sheets

8.  When it appears to the Keeper to be desirable to do so the Keeper may–

(a) enter the particulars of an interest in land in the title sheet of another interest in land and cancel the title sheet in which the interest was previously entered; or

(b) enter in another title sheet or in other title sheets a part or parts of the interest in land which was previously entered as a single interest and amend appropriately the title sheet in which the whole interest was previously entered.

(1)

1981 c. 59.

(2)

2004 c. 33.