Misc. Registrations

Roof Space

43.11 General

The following should be noted:

1. Any deeds and documents required should be submitted, including any links in title between the infeft proprietors and the granters of the roof space disposition.
   
2. As regards any outstanding heritable securities by the granters of the roof space disposition over their respective flats and their interest in the roof space, it is the Keeper’s policy, not to disclose an outstanding heritable security against a roof space interest transferred to another subject. Deeds of restriction etc. should not be requisitioned. However, agents should not be advised that the Keeper will not require the evidence of disburdenment of the outstanding securities. If the agent requires or requests information on the outstanding securities from the search sheet or the Land Register, such information must be provided and charged for. Any evidence lodged with regard to the disburdenment of the securities should be archived.
   
3. Matrimonial Homes Act evidence is not required in relation to the roof space interest being transferred to another subject. The agent can be advised that the Keeper will not seek such evidence. However, if such evidence is submitted, it should be archived.
   
4. Burdens writs for all properties involved should normally be submitted although, in practice, most burden writs for all properties in one tenement are common up to the breakaway deed for each respective property. If the burdens writs are not narrated in the roof space disposition, the search sheet of the granting titles should be examined for burdens writs and the breakaway deed for each granting title requisitioned for examination and inclusion in the Burdens Section, if relevant to the roof space interest.
   
5. In line with the Keeper’s policy on dispositions a non domino, any application to register a roof space founded on such dispositions should be rejected.
   
6. Minutes of waiver are sometimes submitted where the superior is waiving objections to the use of the roof space but the superiority interest is unregistered. If the waiver has a warrant of registration then dual recording is applied. If there is no warrant then a note is added to the superior's search sheet as follows:
   ‘Minute of waiver affects the subjects in (title number), registered (date).’

Provided all the application forms, documentation and correct fee have been submitted the application can then be taken on.

Settling of Roof Space Cases

43.12 Acquiring Title

Property Section

The Title Sheet for a roof space case where the acquiring flat is registered, or is the subject of a voluntary registration, should be set out in the normal fashion with the exception of the details of the roof space.

(a) Where the roof space and flat are being acquired as a first registration or transfer of part, the roof space should be included in the property description, e.g.

or (if applicable)

(b) Where the roof space is being added to existing registered subjects, the following note should be added:

• ‘Note: The interest in the (roof and) roof space immediately above the said flat was added to this title on (registration date of roof space)’

Proprietorship Section

Where the subjects are already registered, no entry to show the date of registration of the roof space or the consideration need be made. The date of registration of the roof space is available in the Property Section.

Charges Section

If the agent wishes any outstanding heritable securities to be registered against the title sheet, a properly completed Form 2 application must be submitted.

Burdens Section

In theory, all the burdens writs of all the properties conveying their roof space interest should be reflected in the Burdens Section of the acquiring flat. In practice, though, it will normally be found that the burdens writs for all the properties in one tenement are common up to the breakaway writ for each property. It is also usually the case that the breakaway writs are so similar as to make no real difference between one and the other (the most common difference being in the proportion of feuduty payable).

It follows from the above, that the roof space disposition should narrate the common burdens for the tenement and the breakaway writs for each of the disponing properties. This is usually, but not always, the case. The roof space officer should examine every breakaway writ for each property involved, to ensure that there are no unique burdens which may affect the acquiring flat's title. If not submitted by the agent, the writs must be requisitioned for examination and entered in the Burdens Section, if applicable. However, if all the relevant breakaway burdens are identical, or so similar, as to make no real difference, it will be sufficient to specify only the breakaway writ for the acquiring flat to reflect the burdens therein. This avoids unnecessary repetition.

The roof space officer should be aware that some roof space rights and burdens may extend over several major areas, all with different burdens writs. Plans staff should have provided this information under the research team file numbers, but the roof space officer should be alert to such situations.

If the roof space officer is unsure of any matter regarding the burdens section, reference must be made to a senior officer. The completion of the burdens section is the most complicated part of roof space cases and great care and attention must be taken at all times.

After deciding which entries are relevant to the acquiring flat’s title, these should be entered in the burdens section in chronological order. The entry for the roof space disposition should be in the following style:

This is followed by the edited burdens as normal.

43.13 Disponing Title

Property Section

(a) Where the roof space was disposed at, or prior to, first registration, add the following note:

(b) Where the roof space is disponed from registered subjects (i.e. as a transfer of part) add the following note:

Proprietorship Section

Any changes in the proprietor's circumstances (e.g. names or addresses) that appear in the roof space disposition should be amended on the title sheet.

Charges Section

Normally no changes are needed but any deeds of restriction/disburdenment should be processed.

Burdens Section

The normal burdens in a roof space disposition, regarding the maintenance of the roof, benefit the disponing title. An entry in the following terms should be added to the Burdens Section:

43.14 Retained Entries when Land Certificate not available

It is common, particularly where multiple flats are involved, that agents have extreme difficulty in obtaining the Land Certificates required. This leads to a delay in settling the case with much correspondence between the parties concerned.

If there are no outstanding charges disclosed in the title sheet, then the Land Certificate should be obtained. However, where there are difficulties because the agent is unwilling or unable to obtain the Land Certificate, and where 60 days have elapsed since the requisition, then the retained entry procedure should be used.

The normal procedures for settling the case should be followed, with a next application note being added in the following terms:

43.15 Subsequent dealing over TP

There are times when a TP of the roof space is being processed, that a subsequent dealing over that title is received (e.g. the subjects are being sold or a standard security is being registered or being discharged). These dealings should be passed to the roof space officer to process.

End of Topic