The Land Registration (Scotland) Rules 2006

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.