Voluntary registration guidance has been updated to clarify that in most cases where the applicant is not a public body, the Keeper will not accept an application for voluntary registration which relies on unrecorded midcouples. Applicants with uncompleted titles must therefore register a Notice of Title.
The updated guidance can be viewed here. The section which has been updated is Differences in Examination Process from an Application to Register a Deed over an Unregistered Plot
The updated guidance under Application Form states as follows:
Section 27(1) requires the applicant to be the “owner”. The RoS position from inception of the 2012 Act until 21 January 2022 was that “owner” included a person who held title by virtue of a valid midcouple (an unregistrable conveyance) who could then therefore use a VR to complete title. However, following academic comment, RoS will now only accept VR’s from applicants with a completed title. Public bodies who do not have a recorded title, but have title vested in them by a statutory link in title should be considered as having a completed title. Applicants with uncompleted titles should register their title using a Notice of Title. Any queries in relation to this change of approach should be directed to Policy Unit.
For the avoidance of doubt, settlers should not examine links in title – where a VR is submitted by a public body who is not the last recorded proprietor, it should be assumed by virtue of the agent’s certification that a statutory link vesting title in them exists and the application should be accepted.
The updated guidance under Applicant does not have recorded title or does not appear to be sole recorded proprietor states as follows:
If applicant(s) is/are not disclosed from the titles submitted with the application to be last recorded proprietor(s), and the applicant is not a public body, and has not completed title by virtue of a link in title which vests title in them, the application should be rejected. Where there is any concern or uncertainty, please refer to Policy Unit.