< Previous Page | Next Page >
 
The title sheet 6.-(l)  Subject to subsection (3) below, the Keeper shall make up and maintain a title sheet of an interest in land in the register by entering therein- (a)   a description of the land which shall consist of or include a description of it based on the Ordnance Map, and, where the interest is that of the proprietor of the dominium utile  or the lessee under a long lease and the land appears to the Keeper to extend to 2 hectares or more, its area as calculated by the Keeper; (b)  the name and designation of the person entitled to the interest in the land and the nature of that interest; (c)   any subsisting entry in the Register of Inhibitions and Adjudications adverse to the interest; (d)  any heritable security over the interest; (e)   any enforceable real right pertaining to the interest or subsisting real burden or condition affecting the interest; (f)    any exclusion of indemnity under section 12(2) of this Act in respect of the interest; (g)   such other information as the Keeper thinks fit to enter in the register. (2) The Keeper shall enter a real right or real burden or condition in the title sheet by entering its terms  or  a  summary  of  its  terms  therein;  and  such  a  summary  shall,  unless  it  contains  a reference  to  a  further  entry  in  the  title  sheet  wherein  the  terms  of  the  real  right,  burden  or condition are set out in full be presumed to be a correct statement of the terms of the right, burden or condition. (3) The Keeper’s duty under subsection (1) above shall not extend to entering in the title sheet any over-feuduty or over-rent exigible in respect of the interest in land, but he may so enter any such over-feuduty or over-rent. (4) Any overriding interest which appears to the Keeper to affect an interest in land- (a)   shall  be  noted  by  him  in  the  title  sheet  of  that  interest  if  it  has  been  disclosed  in  any document accompanying an application for registration in respect of that interest; (b)  may be so noted if- (i)    application is made to him to do so; (ii)   the overriding interest is disclosed in any application for registration; or (iii)  the overriding interest otherwise comes to his notice. In this subsection “overriding interest” does not include the interest of (i)    a lessee under a lease which is not a long lease and (ii)   a  non-entitled  spouse  within  the  meaning  of  section  6  of  the  Matrimonial  Homes (Family Protection) (Scotland) Act 1981. (5) The Keeper shall issue, to any person applying, a copy, authenticated as the Keeper thinks fit, of any title sheet, part thereof, or of any document referred to in a title sheet; and such copy, which shall be known as an office copy, shall be accepted for all purposes as sufficient evidence of the contents of the original. Ranking 7.-(1) Without prejudice to any express provision as to ranking in any deed or any other provision as