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Land Registration etc. (Scotland) Act 2012

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This is the original version (as it was originally enacted).

26Conditions of registration: deeds relating to registered plots

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(1)The conditions are that—

(a)the deed is valid,

(b)the deed relates to a registered plot of land,

(c)the deed narrates the title number of each title sheet to which the application relates, and

(d)the deed, in so far as it relates to part only of a plot of land or of the subjects of a lease, so describes the part as to enable the Keeper to delineate on the cadastral map the boundaries of the part.

(2)Where the title number of the title sheet of a sharing plot is narrated in the deed, subsection (1)(c) does not require the narration of the title number of the title sheet of the shared plot.

(3)Subsection (1)(d) does not apply if—

(a)the part to which the deed relates is a flat in a flatted building, and

(b)either—

(i)the flatted building is, by virtue of section 16, represented as a single cadastral unit in the cadastral map, or

(ii)the Keeper has indicated that the flatted building is, by virtue of that section, to be so depicted.

(4)Despite subsection (3), subsection (1)(d) applies in so far as the part includes a pertinent outwith the flatted building, being a pertinent only of the part.

(5)Subsection (1)(d) does not apply in the case of an application which relates to registration to create as a servitude a right to lead a pipe, cable, wire or other such enclosed unit over or under land.

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