•On
a subsequent transfer of one of the pro indiviso shares
a separate land certificate will be issuedto
the transferee. For example, on the transfer of B’s pro
indiviso share to D, D would receive aseparate land certificate.•Where
the pro indiviso proprietors hold on separate titles,
separate land certificates will be issued toeach
proprietor, unless there is evidence that the contrary should be the case. For
example if C soldto
E, and D sold to F, separate land certificates would be issued to E and F. However,
if E and F werespouses
only one land certificate will be issued, unless E and F request otherwise.No matter how many land certificates
are issued for each pro indiviso share, each will
be a completecopy
of the title sheet.When
a separate land certificate is held for a pro indiviso share,
any application for a Form 12 reportmust contain a note of the last date
to which the land certificate has been brought down. This datecan be found in the inside front cover
of the land certificate.When
a pro indiviso share is held as an adjunct to other
property, for example, a share in a backgreen,no
title sheet will be opened for the pro indiviso share.
It will be registered simply as a pertinent inthe
title sheet of the main subject.At
a meeting of the Joint Consultative Committee
of the Law Society and Registers of
Scotland inNovember
1997, it was agreed the Keeper should continue with his policy of discouraging
solicitorsfrom
submitting, for recording or registration, feu deeds of pro
indiviso shares. The Committee notedthat
doubts exist as to the competency of
feuing pro indiviso shares,
as they are, by their nature,indivisible from the other parts of
the same property, but acknowledged there was an absence of clearauthority in point. Accordingly,
until such time as the matter has been
judicially decided theCommittee
agreed the Keeper could not refuse to accept such deeds.Long leasesWhat
is a long lease?5.53 A
long lease is defined in section 28(1). The requirements
are that:•it must be executed in accordance with
the provisions of section 3 of the Requirements of Writing(Scotland) Act 199514;
and•its term must exceed 20 years or be
capable of being renewed, without any subsequent express or impliedagreement, so that its total duration
exceeds 20 years.In
addition to the above, for a lease to be registrable a rental must be stipulated.Acquiring a real right5.54 The law relating to the completion
of a real right in a long lease by the lessee depends on thelocation of the subjects.
If the lease relates to subjects lying
outwith an operational area it is stillpossible to acquire a real right by
possession or recording in the Sasine Register. Once an area has