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Where the pro indiviso proprietors hold on one title, one land certificate only will be issued unless each pro indiviso proprietor requests otherwise. On a subsequent transfer of one of the pro indiviso shares, a separate land certificate will be issued to the transferee unless he or she already holds a registered title to another share. Where the pro indiviso proprietors hold on separate titles, separate land certificates will be issued to each proprietor unless (e.g.) the separate proprietors are spouses.

In any case where more than one land certificate has been issued, a public next application note must be created to record this. Each land certificate will contain a full copy of the title sheet. The land certificates must all be certified correct to the same date; previously issued certificates should therefore be recalled if necessary for updating on a subsequent dealing.

Irrespective of the proportion of shares to which the registered title relates, the land certificate cover will describe the subjects as the whole unit of property.

The procedure to be followed here will depend on whether or not the share of the pertinent is conveyed along with the main unit of property to which it pertains. There are a number of potential scenarios, as noted below.

44.10 Pro indiviso share of the pertinent conveyed with the main property

This is the case where (e.g.) a house in a development is conveyed together with a pro indiviso share in amenity ground, or a tenement flat is conveyed together with a right in common to the roof space. Irrespective of whether the deed inducing registration is the split-off writ for the property, or whether the split-off writ has previously been recorded in the Sasine Register, the same procedure should be followed.

Unless the pro indiviso share relates to a pertinent which would not normally be conveyed with the relevant type of main property, no mention of the share need be made in the closing entry on the search sheet.

A single title sheet for the main property and the share in the pertinent will be opened. Other shares in the same pertinent will be included in the title sheets for the properties to which they pertain. Plans staff should ensure, when identifying the property on the DMS, that the total number of shares in the pertinent does not exceed 100% (this would form a Competing Title where the shares exceed 100%).

The manner in which the pro indiviso share is described in the property section will depend on the mapping style adopted by the plans registration officer, viz.:

(1) Where the precise extent method is used, the pertinent will normally be included in the red edge and referenced by tinting. A restrictive note is inserted in the property section, e.g.

(2) Where the site plan method is used, it may be possible to reference the pertinent by tinting. In that case, the pertinent will be added to the description of the subjects in the following manner:

Even if the pertinent cannot be separately referenced under the site plan method (e.g. where it is a share in the roof space), it will still be included in the description of the subjects in a similar manner, but with the verbal description amplified along the following lines:

(3) There may be hybrid cases where the main subjects are mapped in the precise extent method but for good reason the pertinent is shown by a separate colour reference outwith the red edge. Here the verbal information on the property section will be given in the style of the example in (2) above.

In all the above cases, if the proprietor subsequently acquires a further pro indiviso share in the pertinent, it can be added to the title sheet simply by changing the fraction in the property section and making an appropriate entry in the proprietorship section. The DMS will require to be updated to reflect the extent of the share.

Where the title relates to the whole property including the pro indiviso shares as set out in the property section, there is no need for the pro indiviso element to be reflected separately in the proprietorship section entry. If a further pro indiviso share is subsequently acquired and is added to the property section, a separate entry will be required in the proprietorship section, e.g.:

Entry No.	Proprietor	Date of Registration	Consideration
2.	C D (designation)	10 Jun. 1982	£6000
	to extent of a further 1/2 pro indiviso share in the part tinted blue on the title plan
			Entry
			12 May 1982

In the latter event, if there are any registered heritable securities, the entries in the charges section will need to be amended so that they reflect the fact that the additional pro indiviso share is not subject to those securities.

44.15 Pro indiviso share of the pertinent conveyed separately – main property already registered

This is the case where a proprietor acquires a pro indiviso share in property as a pertinent to the main property which they already own on a title in the Land Register. If the acquisition is for valuable consideration, it will induce first registration of the pro indiviso share. If the acquisition is not for valuable consideration, the proprietor may request voluntary registration so that his whole title is held in the Land Register.

The closing entry in the search sheet should describe the pertinent verbally and narrate the extent of the pro indiviso share being registered.

The pro indiviso share of the pertinent will be added to the title sheet for the main property. The implications for the property section will be as noted in Property section. A further entry will be added to the proprietorship section, adapting the style in Proprietorship section. If there are any registered heritable securities, the entries in the charges section will need to be amended so that they reflect the fact that the pro indiviso share is not subject to those securities.

44.18 Pro indiviso share of the pertinent conveyed separately – main property not registered in the Land Register

This is the case where a proprietor acquires a pro indiviso share in property as a pertinent to the main property which he already owns on a title in the Sasine Register. If the acquisition is for valuable consideration, it will induce first registration of the pro indiviso share. Wherever possible, the applicant should be persuaded to apply for voluntary registration of the main property. In that event, the two applications will be processed together as set out in the 4 paragraphs commencing at Search sheet below, except that two separate entries will be required in the proprietorship section so that the consideration and date of entry for the pro indiviso share may be narrated.

If the applicant does not wish to apply for voluntary registration of the main property, the following procedure will be followed:

The closing entry in the search sheet should describe the pertinent verbally and narrate the extent of the pro indiviso share being registered.

A title sheet will require to be opened for the pro indiviso share of the pertinent. When the main property to which the share of the pertinent relates is registered, the title thereto will be added to the same title sheet.

Where the plans registration officer uses the precise extent method of mapping, the description in the property section will be along the lines of the following:

Where the plans registration officer uses the site plan method (e.g. because the share relates to a part of a tenement building), the description in the property section will be along the lines of the following:

On first registration, there will be no need for the extent of the pro indiviso share to be reflected in the proprietorship section, since the title relates to the interest as described in the property section. In the event that the applicant subsequently acquires a further share in the same pertinent, the fraction entered in the property section should be amended and separate entries will be made in the proprietorship section to reflect each acquisition.