Real Burdens — Dual Registration
A deed which meets the requirements of section 53 of the 2003 Act need only be registered against the burdened property.
But you may require to dual register if you intend to constitute a new servitude – the Keeper may reject your application if you do not do so
A deed which creates personal real burdens (created in favour of certain prescribed legal bodies) does not require dual registration because there is no benefited property
If dual registration is required, you will usually require to an application against two subjects, and fees to cover both registration. For example:
- You will usually require a form 1 where affected subjects are being registered in the Land Register for the first time and a Sasine Application Form if the other subjects remain in the Register of Sasines or a Form 2 if they are registered in the Land Register
- If your disposition affects subjects only in the Register of Sasines, a single Sasine Application Form is required
The proprietor of either the burdened or benefited subjects can make the application for dual registration- the choice is for applicants and their agents.