What standard of description does the Keeper require in respect of the benefited property, when a deed is intended to constitute real burdens?
A. This depends upon the facts and circumstances of your particular transaction. In all cases the constitutive deed must be clear on what is being nominated as the benefited property. If the deed is a conveyance of the benefited property, , and the conveyance will induce first registration in the Land Register, then the description will need to be sufficient to identify the subjects on the Ordnance Survey Map and meet the usual first registration requirements. In any event, the description should usually be a particular description or a description by reference, in conjunction with a postal address where appropriate. Where the benefited property is registered in the Land Register or is part of subjects registered in the Land Register, then the title number must be used, by virtue of section 4(2)(d) of the 1979 Act. If land retained by the granter in the Sasine Register is being nominated as a benefited property, and parts of this land have previously been sold, then you will need to co
Related Questions
- I wish to constitute a right of pre-emption in favour of the seller of property. Does my deed need to nominate and identify benefited property and be dual registered?
- Is there deduction of stamp duty in respect of sale deed relating to property executed in favour of mortgage of the same property?
- What standard of preparation does the property require?
