Description of registered interest 4.35 Under the Sasine system, the majority of properties are described either by a written description alone,  or  by  a  written  description  supplemented  by  a  plan  which  is  usually  declared  to  be demonstrative  only  and  not  taxative.  Rarely  is  a  description  based  on  the  plan  alone.  Under registration of title, however, the converse will be the case; the title plan will be the principal means of identifying the subjects. In most cases, any written description in the property section of the title sheet will be limited to a simple statement of the postal address, together with a note of any incidental rights pertaining to the property. Occasionally, however, the Keeper may feel that a more elaborate written description is required to amplify the title plan. In the case of a tenement flat, description by plan alone is not appropriate. The title sheet of a tenement flat will contain a written description, for example ‘the north house on the first flat above the ground or street flat of the tenement ...’ and the title plan will show the solum of the tenement and any adjacent ground (e.g. a back green) over which there are common rights, provided this common ground can be identified (see also paragraph, 4.19 and 4.20). In  some  cases,  the  ordnance  map  which  is  appropriate  for  the  particular  subjects  may  not  be  of sufficient scale to identify clearly parts of those subjects. The Keeper may then include on the title plan, as  an  insert,  a  section  based  on  one  of  the  larger  ordnance  scales  to  show  that  detail,  or  he  may prepare a separate title plan on an even larger scale. For example, the title plan of a farm may be based on the 1:10,000 scale, the farm buildings being shown on an insert based on the 1:1250 scale. Indeed, the Keeper may even, by way of supplementing the title plan, copy an existing plan from an earlier title deed and include this in the title sheet. It should be remembered, however, that, unless the Keeper assumes responsibility for the accuracy of any such larger scale plan or existing deed plan, the exclusion of indemnity discussed in paragraph 4.26 above will apply. Furthermore, the exclusion of indemnity relates to the limitation of scaling from the ordnance map and the fact that a greater degree of accuracy can be obtained from a larger scale does not extend the scope of the Keeper’s indemnity (see also paragraphs 4.19 and 4.20). Builders’ developments 4.36 Where an application for registration of a transfer (including a feu or long lease) of part only of a registered interest is submitted to the Keeper, the part must be sufficiently described to enable the Keeper to identify the part. This is, firstly, so that the new title and certificate plans of the part can be prepared  and,  secondly,  so  that  the  title  and  certificate  plans  of  the  registered  interest  can  be amended. The most common example of a transfer of part is the disposal by a builder or developer of the individual units on a building estate or development. When the first applications for registration of the separate units are received, the title plan of the building estate will show no more than the open site. However, the Keeper requires not only a detailed description of each unit, but also sufficient additional information to enable him to accurately locate that unit within the estate. Indeed, these requirements arise at an earlier stage in the transaction, for the Keeper cannot issue a Form 12 report in  respect  of  such  a  transfer  unless  the  application  for  that  report  contains  similar  information.  It should be noted that the application for the Form 12 report must relate to the interest about to be registered  (i.e.  the individual unit) rather than to the whole interest contained in the builder’s title sheet.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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