Glossary of terms

A glossary of terms related to land registration in Scotland.

Scottish land registration is governed by the Land Registration etc (Scotland) Act 2012. Unless otherwise stated, references to sections in this glossary refer to the 2012 Act.

A


A non domino

From one who is not the proprietor.Read guidance on prescriptive claimants.

Ab extra

From outside.

Absolute accuracy

A measure which compares how closely the co-ordinates of a point in the national grid agree with the "real" co-ordinates of the same point on the ground. Sometimes referred to as positional accuracy.

Absorption

The merging of two interests in the same cadastral unit whereby the lower interest merges into the higher interest, for example, the renunciation of a lease. Not to be confused with amalgamation.

Abstracting

To draw information from deed, to summarise.

Accuracy

Used to describe how exactly a map represents the real world. There are three different ways of measuring this on the Ordnance Survey maps - positional or absolute, relative and shape.

Address

A recognised way of describing a place (or object) that identifies its unique location, for example, the name, number, street name, town and postcode of a house.

Affidavit

A sworn statement made before a Notary Public.

Agent

A solicitor.

Allodial

Historical term for land that was held without feudal superior. For example, Crown land, udal tenure, church lands et cetera. This type of land holding has not been competent since abolition of feudalism (Abolition of Feudal Tenure etc. (Scotland) Act 2000).

Alluvio

An increase in one's land from soil deposited naturally by the action of a river or on a shoreline.

Alluvium

The soil accumulated by the action of a river, usually washed from adjacent land upstream. The owner of the land that is increased by this accumulation is legally entitled to benefit from the new soil.Read guidance on natural water boundaries.

Alveus

The bed or channel of a river.

Amalgamation

Addition of land to an existing registered title sheet by combining cadastral units (section 13(2)(a)).Read guidance on amalgamation of titles.

Application no

Unique serial number given to all applications for registration.

Application record

The application record consists of:

  • all applications for registration that are, for the time being, pending
  • all advance notices that are, for the time being, extant (section 15)

Read guidance on advance notices.

Assignee

The person benefited by an assignation in his favour of a security or a lease.

B


Base map

A set of topographic data (a map) that provides a framework upon which a user can create or display their own data. For example, the cadastral map held by RoS conventionally uses the Ordnance map as the base map (section 11 (6)).

Read guidance on the cadastral map.

Base scale

The scale at which a map has been surveyed, in other words the surveyed scale.

Benchmark

A standard or point of reference against which things may be compared. In a mapping context, a benchmark is a surveyor's mark cut into a wall, pillar or building and that is used as a reference point in measuring height relative to a known datum.

Blench

A form of land transaction under the feudal system abolished by the Abolition of Feudal Tenure etc. (Scotland) Act 2000. A feudal holding where the reddendo was nominal (for example, a penny if asked).

Blueing out

The conventional method for showing that all or part of a pre-2012 Act parent title was the subject of a feu. This was shown by edging and numbering the affected area in blue on the cadastral map. Feudalism as a form of land ownership was abolished by the Abolition of Feudal Tenure etc. (Scotland) Act 2000. Although it is no longer competent to register a new feu in the land register, many existing parent titles will contain blue-outs reflecting the extent of previous feus that have been registered.

Books of Council and Session

Used for the registration of original, probative or holograph writing (in other words, a writing which is authenticated in a manner prescribed by the Scottish Law in order to acquire privileged status). It also serves as a safe deposit for important documents which might otherwise stand in danger of being lost. Photocopying was introduced to the Record Office in 1934; prior to this date all deeds were copied by hand into the record volumes. Because of this no copy was made of the plans attached to the deeds. However with the advent of photocopying it soon became the practice of photocopying all plans within certain dimensions (22 inches by 28 inches) as a matter of course. Therefore prior to 1934, or after that date if the plan did not meet the requirements for photo copying, the agents had the option to safe deposit, so to speak, either the original deed or a duplicate of the deed plan.

The Books of Council and Session consist of the Register of Deeds, Register of Judgments and Register of Protests.

Brace

A symbol in the form of an elongated "S", used (for example) on County Series maps, which when drawn across any line dividing two parcels of land served to unite them.

Breakaway deed

A deed where the subjects are being dealt with as a separate entity for the first time and that will contain a full description (possibly by reference to a deed plan) of those subjects.

Builders title

An application for registration of an area of ground by a builder (for example, Cala Homes Ltd), which will be developed into multiple units in the near future.

Burdens

Conditions or encumbrances affecting heritable property and imposed by a registrable deed. Upon registration, the condition or encumbrance is reflected in the burdens section of the title sheet of the property.

Read guidance on encumbrances and off-register rights.

C


Certificate of confirmation

A supplementary document certifying that confirmation has been issued and that the estate included inter alia a single item of estate which is specified in the certificate. The document empowers the executor of the estate to deal with the single item.

Certificate of title

Paper certificates, comprising land certificates and charge certificates, that were issued by the Keeper upon completion of a pre-2012 Act application for registration. No longer issued.

Certificate plan

The copy of the title plan included in the paper land certificate issued by the Keeper upon completion of a pre-2012 Act application for registration. Not issued for 2012 Act applications.

Charge certificate

A duly authenticated certificate of title issued to a creditor on the registration of a heritable security in a pre-2012 Act application for registration. Not issued for 2012 Act applications.

Commencement date

The appointed day on which a particular geographical area of Scotland became operational in the land register under the terms of the Land Registration (Scotland) Act 1979.

Common deeds

Deeds containing burdens or rights which affect more than one property.

Common interest

An interest (for example, that of an adjoining user of a common wall) entitling the party interested in a say in the use of the thing.

Confirmation

The ratification by the court of an appointment of the executor of an estate constituting a title to take possession of, administer and dispose of the estate.

Confusio

Confusion or merging. Confusion is one of the ways in which an obligation is extinguished. Examples: If a debtor succeeds or otherwise acquires the right of his creditor, his debt is extinguished confusione, because he then unites in his own person both debtor and creditor; the fusion of landlord's and tenant's interest when held by the same proprietor.

Consideration

The price paid by a purchaser for a property or an interest in a property.

Consolidation

The fusion of two immediately adjacent fees in a feudal chain when held by the same proprietor.

Co-ordinates

Pairs or triplets of numbers that are used to indicate the position of a point or line within a defined framework or grid. The position is given relative to a known starting point.

Corporeal

Heritable and moveable property which are also physical objects (see incorporeal).

County series

Record maps dating from approximately the end of the 19th century to the middle of the 20th.

Creditor

A person in whose favour is granted a standard security over heritable property as security for a loan or the performance of an obligation

Currency

The level to which data is kept up to date.

D


Datum

The fixed starting point of scale or a co-ordinate system.

Dealing, or dealing with whole

An application for registration of a deed that either:

  • wholly affects a registered title (for example, a disposition of the whole property)
  • partly affects a registered title but does not require the cadastral unit to be subdivided and a separate title sheet created (for example, a standard security over part of a cadastral unit)

Read guidance about land register application types.

Debtor

The granter of a standard security over his property.

Deed

A document which is executed according to the formalities required in the individual case (for example, executed by an individual, company, etc).

Deed inducing registration

The deed which, when submitted for registration, results in the first registration of a previously unregistered plot in the land register.

Derived map

A map produced from other maps rather than from an original survey.

Derived scale

A version of a map that is formed by either enlarging or reducing a base scale map.

Designation

A person's title, description of occupation and address at which they are permanently resident.

Destination

A clause of direction as to the persons who are to succeed to the property (for example, equally and survivor).

Digital mapping

The process of storing and displaying map data in computer form.

Digitising

The conversion of printed maps and other non-digital information sources to a computer-readable format. With reference to digitising maps, this may be achieved by "point digitising", where points are only recorded when a button is manually pressed by the operator, or "stream digitising" where points are recorded automatically at pre-set intervals of either distance or time. The resulting digital file will be in a vector format.

Digitising table

An electronic draughting table capable of recording the (x,y) co-ordinates of a point on a table in computer readable form.

Diligence

Methods of enforcing unpaid debts and other obligations, either on the dependence or in execution of court decrees or judgements.

Diligence on the dependence

Diligence over the assets of the defender executed while a court action is continuing.

Docquet on confirmation

A docquet endorsed by an executor on a confirmation or certificate of confirmation whereby heritable property is transferred to the person entitled thereto.

Dominant tenement

Historical term used to describe a property which benefits from the existence of a servitude right.

Dots per inch (DPI)

A unit of measurement for the resolution of a scanning or printing device.

Duplicate plan

An authenticated copy of a deed plan that has been recorded in the Books of Council and Session kept by the National Archives of Scotland, normally due to its size and colouring.

E


Eik

An extension of the confirmation of an executor to cover property not originally included.

Estate

The extent of a person's interest in land.

F


Feature

A point or line used to represent one or more real-world objects on a map.

Feature code

An alphanumeric code which describes and/or classifies geographic features in a digital map file

Feu

A form of land transaction under the feudal system abolished by the Abolition of Feudal Tenure etc. (Scotland) Act 2000. The granting by a feudal superior to a vassal in perpetuity of the right of property (or dominium utile) in the ground feued, ie the vassal had the full use of the property, limited only by the conditions imposed in the grant by the superior. Feus could be created by feu contract, feu charter or feu disposition.

Feuar or fiar

One who held an interest in land subject to the conditions in a feu writ. This form of land ownership under the feudal system was abolished by the Abolition of Feudal Tenure etc. (Scotland) Act 2000. Any reference to a feuar shall now be construed as a reference to the owner of that land.

First registration

The registration in the land register of a previously unregistered plot of land (section 23 of the 2012 Act).

Read guidance on land register application types.

Floating shape

Subjects shown on a deed plan that contains insufficient surrounding detail to tie the extent in accurately to the Ordnance Map.

Floor level cases

Registration of a floor or part of a floor of a building (other than a normal tenement or split villa case). Applications which relate to the registration of parts of buildings, on one or more levels, will all be treated as tenement applications under section 16 of the 2012 Act. Examples can include shopping precincts and complex high rise flatted properties.

Read guidance on mapping tenements and flatted buildings.

Foreshore

The land between the mean high and low water marks (spring tides). Foreshore is udal in Orkney and Shetland.

Read guidance on seabed and land covered by water.

Foundation deed

The deed which starts a prescriptive progress of title, such a deed may be a breakaway deed (which see), but equally may be a subsequent transfer of subjects which contains only a description by reference to an earlier deed (for example, a feu contract) containing a full description.

Full bounding description

A written description of the extent of a property, containing measurements and orientation of the boundaries.

G


Gazetteer

A (national) list of postal addresses that are individually linked to features or points on a map (for example, Ordnance map) by a unique reference number.

Geographic information system (GIS)

A system for capturing, storing, checking, integrating, manipulating, analyzing and displaying data which are spatially referenced to the Earth.

Grantee

A person benefited by a conveyance or assignation in his favour.

Granter

A person who grants a writ which transfers, discharges or otherwise deals with his interest.

Greening out

The conventional method for showing that all or part of a parent title has been sold off, registered as a TP application, and has been removed from the parent title cadastral unit. This is shown by edging and numbering the affected area in green on the cadastral map.

Grid reference

The position of a point on a map expressed in terms of grid co-ordinates.

Ground surface level

Where more than one level of detail exists (for example, a raised walkway), the Ordnance Survey defines ground surface level as the upper level of through public communications.

H


Heritable property/heritage

Heritable property is land and other immoveable property (for example, houses or commercial premises).

I


Illusory feuduty or rent

A purely nominal feuduty or rent (for example, 1 penny if asked)

In direction measurement

A measurement from a known point towards another, but the line being measured doesn't extend through the whole length.

Incorporeal

Heritable and moveable property which has no physical existence, for example patent rights, copyright or a coat-of-arms (see corporeal).

Indefinite detail

Map detail which is of sufficient importance to be shown on a map but that has an outline that is liable to change (for example, the proposed route of a new bypass shown on a road atlas).

Indemnity

A provision that was made in the Land Registration (Scotland) Act 1979 for a person who suffered loss in certain circumstances to be indemnified by the keeper to the extent of that loss (see section 12 of the 1979 Act).

Read guidance on warranty for the position under the 2012 Act.

Index map

The statutory graphical index of registered title to land, showing the extent of all registered cadastral units and linked to the relevant title sheets.

Inhibition

An order by the Court of Session which forbids a debtor from burdening, or parting with, heritage to the prejudice of the inhibiting creditor. Gives the inhibiting creditor inter alia the right to apply to the court for a decree to reduce deeds violating the inhibition.

Read more about the Register of Inhibitions.

Interdict

A judicial remedy granted by a court forbidding the commencement or continuation of an act or activity or the maintenance of a thing or condition infringing or threatening the complainer's rights.

Ish

Termination date (issue), commonly of a lease.

K


Kindly tenant or rentaller

One who held land on very favorable terms by enrolment in the rental-book of a superior, but not by feu charter. They were generally construed to have a life-rent of the property, except in the case of those of Lochmaben, whose rights were perpetual and alienable, and in other cases where the rights appear to have been heritable. Kindly tenants of Lochmaben were abolished by the Abolition of Feudal Tenure etc. (Scotland) Act 2000.

L


Lacuna

A gap or omission in a document, or a case not provided for in a statute.

Land

Includes buildings and other structures and land covered with water.

Land register

A public register of rights in land in Scotland (known as the Land Register of Scotland). This was established by the Land Registration (Scotland) Act 1979, and continued by the Land Registration etc. (Scotland) Act 2012. It will supersede the General Register of Sasines as the Scottish national land register.

Landline data

Large scale Ordnance Survey map data. Now superseded by the Ordnance Survey's Mastermap data product.

Landlord

The proprietor of heritable property who leases all or part of his property for a limited time in return for a rent

Lands Tribunal for Scotland

A tribunal established by statute with power inter alia in disputes relating to title conditions (for example real burdens or servitudes and applications to renew, vary or discharge such conditions) and the hearing of appeals against decisions taken by the Keeper of the Registers of Scotland in relation to the registration of title to land.

Leaseholder or lessee

See tenant

Lessor

See landlord

Let

To grant the use of land in return for a rent.

Licence

A contractual right to the use or occupation of heritable property which does not constitute a tenancy in the legal sense.

Liferent

A right or title in land for the period of a person’s life.

Light and prospect

A servitude binding on the servient tenement, preventing him from (a) building or planting on his ground (non aedificandi), (b) raising any buildings or plants on his ground beyond a certain height (altius non tollendi) or (c) building or planting so as to impinge on the light prospect of the dominant tenement (non officiendi luminibus).

Long lease

A contract whereby a landlord grants exclusive possession of all or part of his heritable property to a tenant for a definite period of time usually in return for a rent. The period of time must exceed 20 years or the lease must contain renewal provisions so that the total duration would extend for more than 20 years.

Read guidance on the Long Leases (Scotland) Act 2012.

M


Map

A graphic representation of features of the Earth's surface or other geographically distributed phenomena. Examples are topographic maps, road maps, weather maps.

Map detail

Buildings, structures, boundaries, physical ground features (natural or artificial), etc whose extent shape and position are defined on the map. These can be either drawn to scale or represented by symbols.

Map projection

A systematic portrayal of geographically distributed features from the curved surface of the Earth onto a flat surface (for example, a printed map).

Map tile

Square sections of map, identified by reference to the National Grid (for example, NT3179 or NT3179NW). Covering an area of 1km square at 1/2500 base scale or 500m square at 1/1250 base scale.

Mapbase

The current mapbase used by RoS is the Ordnance map, and this provides coverage of the whole of Scotland. It is supplied in 3 base scales by the Ordnance Survey, dependent on the nature of the area: 1:1250, 1:2500 & 1:10,000.

Mapbase maintenance section

The section is responsible for liaison directly with Ordnance Survey and for managing all RoS activities in relation to the Ordnance Map.

Matrimonial Homes Act 1981

An Act to make provision for the rights of spouses in a matrimonial home, for instance where one spouse has title to the home and one does not, the latter has a right to stay in the home even if it is sold.

Midcouple

A form of conveyance which is not itself a registrable deed (for example, confirmation of executors).

Minute book

After deeds submitted to the sasine register have been checked to ensure that they meet the legal requirements for recording, a summary of the deed is created; this is called a minute. At the end of each year a bound minute book, containing all the minutes for that particular year, is published for each county. For ease of reference, each minute is allocated a yearly running number, indicating the position of that minute in the annual intake for that county. There are persons and places indexes at the front of each one. The information for these indexes comes from the names and property descriptions in the minutes. The minute book is signed at the bottom of each page, and is kept in the National Archives. We keep an identical but unsigned copy called the abridgements, which you can search electronically. Details of all minutes recorded after 1993, along with the indexes, are available electronically.

Moveables

All property other than heritable property (see corporeal, incorporeal).

N


National Grid

A grid of lines shown on all Ordnance Survey Maps providing a single reference (or co-ordinate) system for the whole country.

Notarial execution

A procedure whereby a deed may be subscribed by a notary on behalf of a blind or illiterate person.

Notice of title

A deed setting out the right of a person to heritable property. When registered in the land register this completes the person's title to the property.

O


Occupancy or occupation

The physical possession and use of heritable property.

OS

Ordnance Survey.

Overhead detail

Map detail showing features above ground surface level.

Overlay

A set of graphic data that can be superimposed on another set of graphical data through registration to a common co-ordinate system. This could be done by bringing together two digital images (for example, a map overlaid on aerial imagery), or two non-digital images (for example, a copy of a County Series map on tracing paper overlaid on a print of a current map).

Overriding interests

A historic term used to cover those "real" rights or restrictions which did not require (1) recording in the register of sasines before the commencement of the 1979 Act, or (2) registration in the land register under the 1979 Act to make them real. These included such rights as servitudes, public rights of way, etc.

The 2012 Act ends the concept of overriding interests. Some types of former overriding interest can still be entered in title sheet at first registration (for example, a public right of way), but unless the former overriding interest is an encumbrance as defined by section 9 there would not be an inaccuracy in the register in omitting them.

Overshoot

The projection or extension of a line on a map or plan beyond its point of intersection with another line.

P


Parent title

The registered title from which a part (or parts) are being transferred or removed when a transfer of part application has been submitted for registration.

Parts and pertinents

Everything which passes with the actual land on its transfer or disposition, for example minerals, servitudes, fishing rights.

Pecked line

A line drawn on a map or plan as a series of dashes.

Pecuniary

Relating to money.

Pendicle

A small piece of land, subsidiary to a larger estate, or something attached to another thing.

Pixel

The smallest element of a display surface that can be independently assigned attributes such as colour and intensity.

Polygon

An area on a map bounded by a closed line.

Polyline

A line on a map made up of a sequence of line segments.

Positional accuracy

A measure which compares how closely the co-ordinates of a point in the National Grid agree with the 'real' co-ordinates of the same point on the ground.Sometimes referred to as absolute accuracy.

Power of attorney

A deed conferring authority, granted by one person to another (called the 'attorney' or 'factor') to act on his behalf for the purposes specified therein.

Preamble

Short details of a deed given in the burdens section of the title sheet.

Prescription

The lapse of time which confers or extinguishes rights in heritable property.

Prescriptive claimant

The 2012 Act provides a statutory framework for the registration of dispositions a non domino. A disposition a non domino is, by definition, invalid but the 2012 Act works by deeming it to be valid where the Keeper is satisfied that certain steps have been taken. A prescriptive claimant is the term used for a person entered in a title sheet as holder of such a right, which is marked on the title sheet as “provisional”. The prescriptive claimant provisions are contained in sections 43 to 45 of the 2012 Act.

Read guidance on prescriptive claimants.

Prescriptive progress

Any deeds of transfer of title recorded within the last 10 years. These deeds could be legally defective and must have been examined by the applicant or their agent before being submitted for registration.

Probate

The certificate, granted by the High Court in England, that a will has been proved. Constitutes the title of the executors to the testator's estate and evidence of their right to administer it.

Production

The prolongation or extension of a straight line joining two known points in order to supply detail beyond the known point(s).

Progress of titles

The series of title deeds which constitute the purchaser’s title to land.

R


Raster data

Spatial data expressed as a matrix of cells or 'pixels', with spatial position implicit in the ordering of the pixels.

Ray

A line of sight from one point on the ground to another.

Reconstituted

One of the terms given to the procedure where County Series maps were cut up and stretched to fit the National Grid system.

Recorded and registered

In documents & papers issued by the keeper, 'recorded' is restricted in use to the General Register of Sasines and 'registered' to the Land Register of Scotland.

Rectification

Sections 80 and 81 of the 2012 Act permit the keeper to rectify a manifest inaccuracy in a title sheet or on the cadastral map when she becomes aware of that inaccuracy.

Read guidance on inaccuracy and rectification.

Reduce

To set aside or annul, usually by an action of reduction, a deed, contract, decree or award.

Referee

One to whom anything is referred - an arbitrator.

References

Markings or colourings on the cadastral map that are referred to in the title sheet.

Reformed survey

When a map is surveyed at a larger scale using the criteria for the larger scale and then reduced back to the former scale for publication.

Relative accuracy

Compares the scaled distance between the features (measured on the map) with the true distance. In general, relative accuracy is more important to map users than the positional accuracy.

Rent

A periodical payment made by a tenant to his landlord in respect of a lease.

Reports

Reports are requested prior to registration by parties involved in a property transaction. They can be accessed through the online reports portal and are designed to assist those engaged in land and property transactions. They can be used to confirm that transactions meet certain key registration requirements (for instance, the deed plan is acceptable), and to identify any issues prior to submission. Both plans and legal reports are offered.

Read more about our reports.

Research area

To eliminate repetitive examination of title work, builders' or developers' titles were investigated, including the first sale of individual plots, and all existing burdens were established. A research area (RA) file was created holding these common burdens that had been examined and edited in advance and could therefore be included in registrations of the various parts without further examination. Although no new RAs will now be created, existing ones will continue to be used and maintained.

Resurvey

Where a map is updated/recreated by starting the survey process from the beginning; as opposed to revision, where only some details are updated.

Rights

Entitlement to use property for a particular purpose either exclusively or in common.

View guidance on rights and burdens.

RoS site visits

On site inspection of properties carried out by the RoS surveyor to confirm the accuracy of the Ordnance map. This service is rarely used now as the first port of call in most instances is Ordnance Survey via Mapbase Maintenance.

S


Scale

The ratio between a distance measured on a map, chart or photograph and the corresponding distance in the real world.

Scanning

A method of digital data capture where a device is used to read and store an image of a document (for example, a map or written document). The resulting image is normally stored in a raster data format.

Seed point

A point within an area on a digital map that can be used to carry the attributes of the whole area (for example, ownership, address, land-use type).

Sequestration

Generally, the judicial seizure of assets to enforce a claim or satisfy a court order; the process of rendering an individual bankrupt by attaching his assets and vesting them in a trustee for the benefit of the bankrupt's creditors.

Servient tenement

Historical term used to describe a property which bears the burden of a servitude right in favour of another property.

Servitude

A right of the owner of land to exercise a privilege over another person’s land (for example, a right of way).

Read guidance on rights and the title sheet.

Shape (Accuracy of)

The principle of accuracy of shape is that any real world geometry should be accurately replicated on a map. For example, features that are square, rectangular or straight in the real world should be square, rectangular or straight on the map.

Short lease

A lease which is not a long lease and is therefore not registrable.

Shot

A ray or line from one point on a map or plan, through another to a third point.

Site plan

Historical term used to described the method for mapping tenement property under the 1979 Act. As the precise extent of the flatted property was often not ascertainable, the steading or the solum on which the tenement was erected was included in the red edging. The description of the subjects in the property section was amended to read, for example, eastmost flat on the first floor of 2 GRANT STREET, PAISLEY, lying within the land edged red on the title plan.

Solum

The ground upon which a building is erected.

Steading

The area of land within which a tenement building and all associated ground is located.

View guidance on mapping tenements.

Sub-lease

A lease of the whole or part of land already held on a lease.

Supplementary plan

A plan created in conjunction with the title plan for a pre-2012 Act title for the purpose of showing detail or providing a method of reference to areas of land mentioned in the register which, for reasons of scale, size or complexity, could not conveniently or satisfactorily be shown on the title plan. New supplementary plans are not to be created for use with 2012 Act title, although in on-going developments existing supplementary plans can be used for the remaining properties to be registered. These plans will be included in the title sheet as supplementary data to the title sheet (in the form of a plan). Any rights of ownership (either exclusive or common) must be shown on the cadastral map and not as supplementary data.

Survey

A visit can made to a property by an Ordnance Survey surveyor to pick up new map detail and/or check the position of existing features at the request of RoS. Such visits should be requested through Mapbase Maintenance.

Surveying

The measurement and recording of geographically distributed information. The results are normally stored or displayed in the form of a map or plan.

T


Tacit relocation

Implied consent to the renewal of a lease if notice to terminate the lease is not given timeously. The renewal is for one year in the case of a lease for a year or more.

Tenant

A person who holds a leasehold interest in heritable property.

Tenendas

The clause of tenendas expresses the tenure by which lands are to be held.

Tenure

The way in which a person holds land - ownership or tenancy.

Tinting method

A method of mapping a cadastral unit without using red edging but indicating the extent of the property, servitudes, specific burdens etc. by various coloured tints and hatchings.

Title plan

The plan, based on the Ordnance Map, formerly prepared by the keeper and forming part of the title sheet for pre-2012 Act titles. Title plans are not produced for 2012 Act title sheets; instead extracts from the cadastral map showing a particular cadastral unit can be viewed or provided by the keeper on request.

Title sheet

The statutory record of ownership of a plot of land comprising the property, proprietorship, securities and burdens sections.

Transfer of part

An application for registration of a deed that either (a) partly affects a registered title and requires the cadastral unit to be subdivided and a separate title sheet created (for example, a disposition of part of a cadastral unit); or (b) wholly affects a registered title yet creates a separate interest in that cadastral unit (for example, a lease of a whole registered title).

Tree Preservation Order (TPO)

A Tree Preservation Order is an order effected by Local Authorities which imposes conditions for the preservation of trees, groups of trees or woodlands in the Authority's district, by prohibiting the cutting down, topping, lopping or the wilful destruction of trees, etc. except with the Authority's consent. The extent of such orders are to be mapped and shown on the DMS Index layer, with an Index type TPO. Paper copies of TPO files held by the Keeper can be borrowed from centralised support.

U


Udal tenure

A form of allodial tenure once common in Orkney and Shetland.

Underground detail

Map detail showing features below ground surface level.

Undershoot

The projection or extension of a line on a map or plan that stops short of its point of intersection with another line.

Unregistered

A term used to describe an interest in land which has not been registered in the land register. This can apply to land whether or not the interest, or the land affected by the interest, is held on a sasine title.

V


Voluntary registration

A registration, the application for which has been accepted under section 27 of the 2012 Act. The registration is not based upon a property transaction that triggers registration in the land register. Instead, the property is registered at the request of the owner of the plot.

Read guidance on voluntary registration.

W


Warranty

The keeper's warranty (section 73) is the state guarantee of title granted by the keeper. In accepting an application for registration, the keeper warrants to the applicant that the resulting title sheet will be accurate.

Read guidance on warranty.

Writ

A writing in deed form executed by the parties thereto according to the formalities required in the individual case, for example, executed by an individual, company, etc.

Y


Yellowing out

The conventional method for showing that all or part of a parent title has been leased and that the tenant's interest in that area has been removed from the parent title. This is shown by edging & numbering the affected area in yellow on the cadastral map (or on supplementary data to the title sheet in the case of some sub-leases.