Specialist Topics

Transfers of Part

31.10.3 Charges section

(i) Guidelines relating to securities over developing titles will be included on the record card. If the necessary evidence regarding the discharge of an outstanding security is not submitted then the procedures set out in the requisition policy should be followed.

(ii) Floating charges on the parent title can be ignored, provided that the agent has certified on Form 3 that neither of the events which lead to the ‘crystallisation’ of a floating charge on heritable property have occurred, i.e. appointment of a receiver or liquidator. This information can be obtained from the answer given to question 4 in part B of Form 3.

(iii) Notice of payment of grants etc. on Parent Title. If subjects transferred are affected, and the conditions still subsist, the entry must be carried forward.

(iv) Enter new standard security(ies) with schedules (as appropriate).

31.10.4 Burdens section

For transfers from developing titles guidance will be given on the record card.

(i) All entries on the parent title will be carried forward to the new title, so far as they affect the subjects transferred, and are still subsisting. Care must be taken to ensure that the heading, text and notes carried forward are appropriately amended to suit the circumstances.

(ii) If the deed of transfer contains new burdens, these will be the subject of a new entry in the Burdens Section of the TP Title and it is the responsibility of the individual settler to reflect these, whether or not there is a record card from a developing title.

(iii) If the deed of transfer is a feu writ which contains no additional burdens, an entry must be made in the Title Sheet as follows.

31.11 Updating of Parent Title

The title sheet of the parent title must be updated to reflect every removal of an interest or land therefrom. For large developments, the responsibility for this lies with TP support group. Updating may comprise the following:

(i) General removal entry or additions to existing schedule of feus/leases/exceptions.

(ii) Amendments to the property description.

(iii) Rights, servitudes &c. granted and/or reserved in the deed of transfer, may have to be entered as burdens or for the benefit of the subjects/interests remaining in the parent title.

(iv) Amendment to the designation of the registered proprietor(s).

(v) Partial discharges

(vi) General entries in respect of rights of feuars/lessees.

(vii) Deletion of entries which no longer subsist and/or which do not affect the interest remaining in the parent title (e.g. notices of payment of grant which have been carried forward to the TP title for the part they affect).

There are several types of removal entries to be entered on the parent title. The type used is dependent on the deed of transfer, the interest/land being dealt with and the nature of the development.

31.11.1 Dispositions of Land

The parts transferred will be ‘greened out’ on the parent title plan. On the first disposition of part, the legal registration officer will give the instructions for the following note to be entered in the property section.

No further instructions in respect of subsequent removals by way of dispositions of land are required. An additional note may be required where ‘rights in common’ in other parts is included in the parts transferred.

31.11.2 Partial Assignations of Leasehold Subjects

The instructions in the immediately preceding paragraph also apply.

31.11.3 Dispositions of Parts of Buildings (e.g. flats etc.) in a parent title

A ‘green out’ entry is not appropriate, as it would suggest the whole building had been removed. Instead the whole building will be numbered in green on the parent title plans and/or a verbal reference will be used. These removals will be shown on the parent title sheet by way of a note and a schedule of removals on the following lines:

‘Note: The parts specified in the Schedule of Removals below have been removed from this Title.’

SCHEDULE OF REMOVALS

Any subsequent removals will be added to the schedule. Where it is anticipated that all parts of the buildings will be transferred, a temporary schedule should be prepared. On registration of the last part of the building, plans will ‘green out’ the whole building. A removal entry, as in Dispositions of Land , should then be entered in the property section and the relevant part of the temporary schedule deleted e.g.

SCHEDULE OF REMOVALS

This schedule is known as a temporary schedule of removals whilst the only entries on it are 1, 2 and 3. When entry 4 is submitted, the plans officer will inform the legal settler that the southmost ground floor flat comprises the remainder of the area. The subjects will then be edged and numbered in green. At this point the temporary schedule can be deleted and the removal note in Dispositions of Land above substituted.

Where, however, the parent title comprises a tenement steading, the green out method will not normally be used. The schedule, therefore, forms a permanent record of removals, which will be incorporated into the property section of the parent title when updated. In this case, the removal of the final flat is not reflected in the schedule, but by the closing of the parent title and continuation under the new title number of the last removal.

See also Rights in TPs.

31.11.4 Partial Assignations of Parts of Buildings in a Leasehold Parent Title –

The instructions in Dispositions of Parts of Buildings above also apply.

31.11.5 Feu Dispositions of Land

The part feued will be ‘blued out’ on the parent title plan. These feus will be shown on the parent title sheet by way of note and schedule as follows:

‘Note: The parts edged and numbered in blue on the Title Plan have been feued - for particulars see Schedule below’.

SCHEDULE OF FEUS

Where subjects comprise the whole of the part so edged and numbered, the subjects column of the schedule should be left blank. Any subsequent feus will be added to the schedule.

31.11.6 Leases of Land

The part leased will be ‘yellowed out’ on the parent title plan. These Leases will be shown on the parent title sheet by way of note and schedule as follows:

‘Note: The parts edged and numbered in yellow on the Title Plan have been leased - for particulars see Schedule below.’

SCHEDULE OF LEASES

Any subsequent leases will be added to the schedule.

31.11.7 Feu Dispositions of Parts of Buildings (e.g. flats etc.) in a parent title

A ‘blue out’ entry is not appropriate. A number in blue on the parent title plan for the whole building or a verbal reference will be used. These feus will be shown on the parent title sheet by way of note and schedule as follows:

‘Note: The parts numbered in blue on the Title Plan have been feued - for particulars see Schedule below.’

SCHEDULE OF FEUS

Any subsequent feus will be added to the schedule

31.11.8 Leases of Parts of Buildings (e.g. shops etc.) in a parent title

A ‘yellow out’ is not appropriate. The whole building will be numbered in yellow on the parent title plan or a verbal reference will be used. These leases will be shown on the parent title sheet by way of a note and schedule as follows:

‘Note: The parts numbered in yellow on the Title Plan have been leased - for particulars see Schedule below.’

SCHEDULE OF LEASES

Any subsequent leases will be added to the schedule.

Although the above illustrations of removal entries should be suitable for most TPs, there will be occasions where entries will have to be devised to meet particular cases, e.g.

• where there are supplementary plans to the parent title plan to show extents of different floor levels and the removals/feus/leases therefrom;

• disposition of a split villa; and

• disposition of an interest in a roof space.

In any of these cases, the removal entry must be approved by a senior legal registration officer who will, if necessary, confer with his or her counterpart in plans.

31.12 Rights in Common

As well as disponing/feuing/leasing/assigning subjects/interest, the deed of transfer frequently grants rights of property in common with adjoining proprietors/feuars etc. in other parts of the subjects in the parent title e.g. solum of buildings, roads and footpaths, amenity areas etc. In some cases, an all-embracing phrase is used as

‘all those subjects included within the development as are unbuilt upon and not disponed or to be disponed’.

These rights of property have the effect, on completion of a development, of removing such land from the parent title. It is necessary, therefore, for the parent title sheet to reflect the removal of such rights of property and to identify the parts of subjects so affected. In some instances, plans will be able to reference such parts; in others, it will be necessary to follow the text of the writ. The removal entries may take the form of additional notes in the property section (or additions to notes referring to schedules of breakaways) or additional entries in the schedules of removals/feus etc.

In terms of the Keeper's updated policy for new developments where all of the spilt-offs were registered on or after 3 August 2009, rights in common areas which are identified by reference to a future uncertain event will no longer be included in TP Title Sheets.  It follows therefore that, as such rights have not been removed from the Parent Title there will be no reference to these rights in the Parent Title Sheet.

The forms of note and wording will depend upon circumstances. The following are offered as examples:

Example No.1

‘Note 1: The parts edged and numbered in blue on the Title Plan have been feued - for particulars see Schedule of Feus below.’

‘Note 2: The Feu Dispositions in the Schedule of Feus below each include the common rights in the Development as defined in the Deed of Conditions in Entry X of the Burdens Section.’

Example No.2

‘Note 1: (as Note 1 above).’

‘Note 2: The Feu Dispositions in the Schedule of Feus below include the rights in common specified in the Deed of Conditions in Entry X of the Burdens Section.’

Example No.3

‘Note 1: (1st sentence as per Note 1 above) .

Note 2: The rights of exclusive, common and mutual property effeiring to those parts in terms of the Deed of Conditions in Entry X of the Burdens Section have been removed therewith’.

SCHEDULE OF FEUS

The parent title will only be sent for updating after it can be ascertained that the TP Title has been completed and issued. On completion of the last TP from a developing title, TP support will update the parent title. When dealing with one-off TPs the parent title will be updated concurrently. If the land certificate of the parent title is to remain on deposit after updating, the question of whether or not an updated Office Copy is to be issued must be considered, particularly if only a partial update is carried out.

Detailed Procedures and Practices

31.13 Description of subjects

The description in the deed of transfer of part must be sufficient to enable the part to be identified (most commonly a plan is submitted) and the deed of transfer must also bear the title number of the granter's interest. Sections 4(2) and 15(1) of the 1979 Act and Rule 25 and Note (a) to Schedule B of the 1980 Rules contain the statutory requirements for the description.

The deed of transfer of part should normally describe the subjects as part of the granter's subjects using a description in accordance with Section 15 (1) of the 1979 Act. Any subsequent deed describing the part transferred must, in terms of Section 4 (2) (d), bear a reference to the title number of the TP title sheet. In cases where that deed, or any subsequent deed, is executed before the new title number is known, the Keeper considers that the requirements of that section will be met if the deed sufficiently describes the individual part and bears the number of the parent title sheet. The most satisfactory course is to repeat the description contained in the transfer of part, but a common law description of the breakaway subjects will not be rejected.

A description which refers to a plot number on an estate plan approved by the Keeper will be acceptable, provided that such approval has not been withdrawn as at the date of registration of the transfer (further details on estate plan approval are at Estate Layout Plans). A plan should still be attached to the deed and reference made to the title number of the builder's title.

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