Introduction

If an agent or a member of the public thinks that there is an inaccuracy in a title registered in the Land Register, they may ask the Keeper to investigate. A Notification of Inaccuracy in the Land Register form (available via the RoS website) is provided for this purpose, although it is not compulsory to use the form. Evidence must be submitted in support of the request. Inaccuracies may also be identified by staff within RoS, and if a member of staff becomes aware of a perceived inaccuracy, they should complete an Inaccuracy in the Land Register (Internal) form (the "ILRI form").

In terms of section 80(1) and (2) of the 2012 Act, once the Keeper becomes aware of an inaccuracy she must rectify, if what is needed to do so is manifest. "Manifest" means perfectly clear and not reasonably disputable. Both the inaccuracy and the rectification action need to meet this standard.

All enquiries regarding registered titles are initially received by the Post Registration Enquiries team ("the Post Registration team"). They will log the enquiry and if the application that the enquiry relates to was completed within the last 12 months, they will email it to the registration officer and their team leader. A Rectification Referral form will be included with the enquiry. The instructions on this page set out the processes that registration officers should follow when dealing with a post registration enquiry that has been passed to them. Processes to be followed by staff in the Post Registration team are set out separately in Rectification of an Inaccuracy in a Title Sheet.

Initial examination

1.1 Examine the email from Post Registration team, enquiry letter/email/ILR form and any supporting documentation. 

1.1.1 Open the Rectification Referral form (which will have been saved in the format 17PR012345 RR form - ABN12345) attached to the email. This will be a read only version of the Rectification Referral form. Save the document to a location of your choosing, using the name 17PR012345 RR form - ABN12345 Response; doing so will enable you to write on and save changes to the document.

Attached to the email will also be either the original email enquiry or a scan of the letter enquiry prepared by the Post Registration team. If any scans are attached that have been created by the Post Registration team, this will have a file name in the format 17PR012345 - ABN12345 Doc1, Doc2 etc.  (If a letter enquiry is accompanied by documentation this will not be scanned as a matter of course by the Post Registration team. It is hoped that most enquiries will only require sight of deeds etc. available on BOPS, CMS or through the LR Archive. Post Registration team will retain all submitted documentation in MBH. If there are occasions when settlers require sight of material which has been submitted but which cannot be accessed via their PC, they should contact the Post Registration team who will try and assist.) 

1.2 Consider the enquiry, checking the archived application in BOPS/CMS/LR Archive/R: drive and relevant guidance in the registration manual, to establish whether an inaccuracy exists.

1.2.1 If an inaccuracy exists solely because of new information that has now been provided to the Keeper, the enquiry should be returned to the Post Registration team. Email the Rectification Referral form to the RR Team mailbox (retaining the name 17PR012345 RR form - ABN12345 Response) adding an explanation of why the enquiry is being returned.

1.2.2 If no evidence of inaccuracy is found (i.e. the information in the title accurately reflects the information in the deed/application), follow the guidance in No evidence of inaccuracy found below.

1.2.3 If evidence of inaccuracy is found, and the inaccuracy exists as a result of the Keeper's error, the processes to follow will depend on which sections of the title sheet are affected by the inaccuracy.

 - If inaccuracy affects only the proprietorship and/or securities sections, follow guidance in Inaccuracy affects only proprietorship and/or securities sections of title sheet below.

 - If inaccuracy affects any other part(s) of the title sheet, follow guidance in Inaccuracy affects title plan/cadastral map, property or burdens sections of title sheet below.

No evidence of inaccuracy found

The process steps here should be followed if, following the initial examination of a post registration enquiry, it is concluded that the title accurately reflects the information in the relevant deed/application.

Draft response to enquiry
2.1 If the title accurately reflects the information in the deeds/application, draft a response to the agent/member of the public, using letter LR09C (No inaccuracy manifest) as a template. This letter can be found on the picklist of letters on the LRS application workdesk. This letter should address all the points raised in the enquiry and can either be sent out on its own or attached to an email depending on the method of enquiry used by the agent/member of the public (letter/email). 

2.1.1 Complete the Rectification Referral form noting that no change is appropriate. 

2.1.2 If responding to the agent/member of public by email, the LR09C should be converted to a PDF and attached to the email. As you will be unable to sign the PDF, you should add "pp" before your name at the end of the letter prior to conversion. 

Your ref: (insert agent's reference)

Title Number:

Please see letter attached.

Post Registration Enquiries

Registers of Scotland

2.1.3 If the enquiry has been raised by a member of Registers of Scotland staff, advise them directly.

Copy and scan correspondence and documentation

2.2 If enquiry was submitted by email, create a pdf of any attachments submitted by the agent/member of the public that are to be scanned (and that have not previously been added to the archive record or the business record). (see instructions on adding to BOPS)

2.2.1 In the unlikely event you come across any documents such as birth, marriage or death certificates, driving licences, utility bills or passports should not be added to the archive record or the business record. Instead, a note should be added to the application workdesk that these items were submitted and considered sufficient evidence.

2.3 Create a pdf of all correspondence and documentation relevant to the decision that has not previously been archived, using L202b2 (Add to Business Record Request) (See instructions on adding to BOPS)

2.4 If replying to the agent/member of the public by letter, place letter in the mail out tray. [Note - current to Oct 2020, all Post Registration enquiries should be responded to by email]

2.5 If enquiry was submitted by letter accompanied by other documentation, Post Registration team will return any supporting documentation to the agent/member of the public, with a covering letter. [Note - As current to Oct 2020, all Post Reg enquiries are received by email so all contents will have been forwarded]

Advise Post Registration team that enquiry has been completed

2.6 Email the completed Rectification Referral form to the RR Team mailbox retaining the format 17PR012345 RR form - ABN12345 Response. Please note that the Post Registration enquiry log number (this is noted on the Rectification Referral form) and the title number must be noted in the email "Subject" field. Advise that no amendment is required and that the enquiry has been completed.

Inaccuracy results from Keeper's error: inaccuracy affects only proprietorship and/or securities sections of title sheet

The process steps in the link below should be followed if, following the initial investigation of a post registration enquiry, it is concluded that there is an inaccuracy in the proprietorship or charges/securities sections of the title sheet and that this inaccuracy has arisen as a result of the Keeper's error.

Request creation of RR application

3.1 Send an email to the RR team mailbox, requesting the creation of an RR application.

3.1.1 The email should advise the Post Registration team of the type of error, using the appropriate error code and should include a note of the Post Registration enquiry log number (this will be noted on the Rectification Referral form) and the title number in the "Subject" field.

B1

Date of entry

B2

Proprietor name

B3

Designation

B4

Pro indiviso property shares

B5

Destination, survivorship clause

B6

Consideration

B7

Date of registration

B8

B section blank

B9

Competing title

B10

Exclusion

B11

Notes

B12

B section overwritten

B13

Duplicate entry

S1

Missing security - title overwritten

S2

Missing security - other settler error

S3

Missing security - unknown reason

S4

Security to be removed - title overwritten

S5

Security to be removed - other settler error

S6

Security to be removed - unknown reason

C1

Debtor name

C2

Debtor designation

C3

Creditor name

C4

Creditor designation

C5

Standard security style

C6

Loan amount

C7

Recording/ registration date

C8

Notes - ranking

C9

Notes - exclusion

C10

Notes - other

C11

Missing security - agent's answers to form 1

C12

Variation/ assignation omitted from C section

C13

NPIG/ NPRG to be removed from C section

C14

Floating charge entries not removed

C15

Suffix information omitted/ incorrect

C16

NPIG/ NPRG details omitted

3.1.2 The Post Registration team will check to see whether there is a live application against the title (in which case the live application can be used to update the title). If not, they will create an RR application and email the application number to you. 

3.1.3 The Post Registration team will assume that the inaccuracy has arisen because of a Keeper's error unless otherwise advised.

Take on application and update the title

3.2 When a RR application number is received from the Post Registration team, take on the application on the LRS and complete any necessary amendments to correct the title, following the guidance set out in Common Inaccuracies in Proprietorship/Securities Sections below.

3.2.1 Amendments must be completed within 24 hours of receipt of the application number. 

3.3 If the title has not been updated since 8 December 2014, complete any general updates that should be made to the title to make it 2012 Act compliant. 

3.4 Add a brief note in the Application Notes and Instructions, explaining the rectification.

Notify all relevant parties

3.5 Notification must be sent to the party who submitted the enquiry and to all parties who are "materially affected" by the rectification (s 80(4)(b) of the 2012 Act). Consider which parties should be notified.

All other "materially affected" parties must also be notified. For example:

• If an entry for a standard security is rectified, the agent who acted for the creditor in that security should be notified. If the enquiry has come from the creditor, an LR09A can be used as a template for the notification letter.
• If rectification appears to affect the ranking of charges, the agent who acted for the creditor(s) in any existing securities must be notified. If this applies, an LR09B (Notice of Rectification to Affected Creditor) should be sent to each affected creditor's agent. For the avoidance of doubt, there is no need to contact local authorities if it appears that the rectification affects the ranking of grants/charging orders.

If it is not clear who should be notified, refer to your normal referral officer. Referral officers can then refer to their senior caseworker, who will refer to the Post Registration team for advice, if necessary.

3.6 Draft notification letters in all cases, using the appropriate letter template.

3.6.1 The following letter templates can be accessed from the picklist on the application workdesk of the LRS:

LR09 (Notification of Rectification to Enquirer) (This letter should not be used if the inaccuracy was identified within RoS). Ensure that all points raised in the enquiry are addressed.

3.6.2 The table in Common Inaccuracies in Proprietorship/Securities Sections below provides suggested text to be used in letters LR09, LR09A or LR09B for the most common inaccuracies in the proprietorship and securities sections.

3.7 Notification can be sent by letter or by email, however email notification should be sent, if possible. 

3.7.1 If notifying by email, the completed LR09/LR09A/ LR09B should be converted to a PDF and attached to the email to the relevant party. As you will  be unable to sign the PDF, you should add "pp" before your name at the end of the letter prior to conversion.

Your ref: (insert agent's reference)

Title Number:

Please see letter attached.

Your Name

Registers of Scotland

3.8 Parties who are being notified of a rectification should also be provided with an opportunity to view the updated title sheet.

3.8.1 If an email address can be identified for any party to be notified, a link to the electronic version of the updated title via the Notification Handler can be issued.

3.8.2 Add email addresses for parties to be notified in the "email addresses" field in the application workdesk for your rectification. A deed type 421 entry will have been created by the Post Registration team.

3.8.3 Send an email to each of these addresses, attaching the PDF copy of the letter LR09/LR09A/LR09B relevant to the party being notified.

• • If a message is received in respect of any of the emails saying that the message has not been delivered, check the email address has been entered correctly. If entered correctly, try to send email again. If email is again unsuccessful, send a paper copy of the letter and of the updated title sheet.

3.8.4 If no email address is available for a party to be notified, notification should be made by letter. A copy of the updated (sections of the) title sheet should be enclosed with the letter. This should be saved as a pdf and emailed to support for printing and posting.

Archive and complete application on LRS

3.9 Create a pdf of all correspondence and documentation relevant to the decision that has not previously been archived, using L202C1/2 (Add to Archive or Add to Business Record Request) (See instructions on adding to BOPS on the Archive page) 

3.9.1 In the unlikely event you come across any documents such as birth, marriage or death certificates, driving licences, utility bills or passports should not be added to the archive record or the business record. Instead, a note should be added to the application workdesk that these items were submitted and considered sufficient evidence.

3.10 Confirm and complete application on the LRS. 

3.11 Release application to Despatch Complete.

3.12 Take on application at Despatch Complete and complete application.

3.12.1 The following day, the email addresses listed in the application workdesk will receive a link to the updated title sheet.

3.13 Email the completed Rectification Referral form to the RR Team mailbox retaining the format 17PR012345 RR form - ABN12345 Response. Please note that the Post Registration enquiry log number (this is noted on the Rectification Referral form) and the title number must be noted in the email "Subject" field. Advise that the enquiry has been completed.

3.14 If enquiry was submitted by letter accompanied by other documentation, Post Registration team will return any supporting documentation to the agent/member of public, with a covering letter. 

Inaccuracy results from Keeper's error: inaccuracy affects title plan/cadastral map, property or burdens sections of title sheet

The process steps in the link below should be followed if, following the initial investigation of a post registration enquiry, it is concluded that there is an inaccuracy in the title plan/cadastral map, property or burdens sections of the title sheet and that this inaccuracy has arisen as a result of the Keeper's error (this inaccuracy may be in addition to an inaccuracy in the proprietorship and/or charges/securities sections).

Consider inaccuracy/inaccuracies 

4.1 Consider action to be taken to correct the inaccuracy, liaising with plans/legal colleagues as necessary. If unsure, refer to your normal referral officer, who will refer to a senior caseworker/the Post Registration team, if necessary.

4.3 Complete the saved version of the Rectification Referral form, providing clear and comprehensive instructions on all changes to be made. It is not sufficient for the instructions simply to refer to the agent's letter.

4.4 Draft a response to the enquiry. If the enquiry has been raised by an agent/member of the public, use letter LR09 (Notification of Rectification to Enquirer) as a template, ensuring that all points raised have been addressed. 

4.4.1 If the enquiry has been raised within Registers of Scotland, contact the staff member who raised the enquiry directly.

Prepare notification to all relevant parties

4.5 Notification must be sent to the party who submitted the enquiry and to all parties who are "materially affected " by the rectification (s 80(4)(b) of the 2012 Act). Consider which parties should be notified.

• Check the proprietorship section of the title sheet to discover the name(s) of the current registered proprietor(s).
• Note the date of registration of the title of the current proprietor.
• Check application(s) on LRS on that date and note the application number for the disposition to the current proprietor.
• Check application in BOPS/LR Archive Viewer/CMS. The agent's details will be noted on the front page of the application form for registration of the disposition.

All other "materially affected" parties must also be notified. For example

• When the description of the physical location of a flat is rectified in the property section, a creditor in a standard security might be materially affected if the deed described the subjects by the now superseded description.
• If an entry for a standard security is rectified, the agent who acted for the creditor in that security should be notified. In this situation, an LR09A can be used as a template for the notification letter.
• If rectification appears to affect the ranking of charges, the agent who acted for the creditor(s) in any existing securities must be notified. If this applies, an LR09B (Notice of Rectification to Affected Creditor) should be emailed to each affected creditor's agent. For the avoidance of doubt, there is no need to contact Local Authorities if it appears that the rectification affects the ranking of Grants/Charging Orders.

If it is not clear who should be notified, refer to your normal referral officer. Referral officers can then refer to their senior caseworker, who will refer to the Post Registration team for advice, if necessary.

4.6 Draft notification letters in all cases, using the appropriate letter template. 

4.6.1 The following letter templates can be accessed from the picklist on the application workdesk of the LRS:

• LR09 (Notification of Rectification to Enquirer) (This letter should not be used if the inaccuracy was identified within RoS).  Ensure that all points raised in the enquiry have been addressed.

End of process

Common inaccuracies in proprietorship/securities sections

The tables in the links below set out the most common inaccuracies in the proprietorship and charges/securities sections of the title sheet caused by the Keeper's error, together with guidance on action to be taken/considered when rectifying the title. The tables also provide suggested text to describe the inaccuracy in the relevant notification letters.
If an inaccuracy is not covered by the examples in the tables, refer to your normal referral officer. Referral officers can then refer to their senior caseworker who can refer to Post Registration team for advice, if necessary.

 
Error Code

B1

Date of entry

The date of entry was incorrectly entered in the title sheet.

B2

Proprietor name

• Consider if change being requested results in a clearly different proprietor being entered in the proprietorship section. If so, refer to your referral officer, who can refer to their senior caseworker, if necessary.
• Update debtor name in any charges in securities section, if appropriate.

The proprietor's name/proprietors' names was/were incorrectly entered in the title sheet.

B3

Designation

The designation of xxx was incorrectly entered in the title sheet.

B4

Pro indiviso property shares incorrectly noted

If total shares now exceed 100%, refer to your normal referral officer, who will refer to their senior caseworker, if necessary.

The proprietor ownership shares were incorrectly entered in the proprietorship section of the title sheet.

B5

Destination

The special destination under which the title of xxx and xxx is held was incorrectly entered in the title sheet.

B6

Consideration

The consideration paid in the entry registered xxx was incorrectly entered in the title sheet.

S1

Missing security - title overwritten

Standard Security by xxx to xxx, registered xxx, was omitted in error from the securities section of the title sheet.

S2

Missing security - other settler error

S4

Security to be removed - title overwritten

Standard Security by xxx to xxx, registered xxx, was erroneously included in the securities section of the title sheet.

S5

Security to be removed - other settler error

S6

Security to be removed - unknown reason

C1

Debtor name

Consider update to proprietorship section, if appropriate.

The debtor's name was incorrectly entered in [the proprietorship section and] in the entry for the Standard Security by xxx to xxx, registered xxx, in the securities section of the title sheet.

C3

Creditor name

Check for reference to the incorrect creditor name in any ranking notes, and amend if necessary.

The creditor's name was incorrectly entered in the entry for the Standard Security by xxx to xxx, registered xxx, in the securities section of the title sheet.

C4

Creditor designation

The creditor's designation was incorrectly entered in the entry for the Standard Security by xxx to xxx, registered xxx, in the securities section of the title sheet.

C5

Standard security style

If there is more than one entry in the charges/securities section, refer to your normal referral officer who will advise whether ranking of other charges is affected. If so, notification must be sent to affected creditors.

The wrong style of entry was used for the Standard Security by xxx to xxx, registered xxx, in the securities section of the title sheet.

C6

Loan amount

If there is more than one entry in the charges/securities section, refer to your normal referral officer who will advise whether ranking of other charges is affected. If so, notification must be sent to affected creditors.

The wrong amount of loan was entered in the entry for the Standard Security by xxx to xxx, registered xxx, in the securities section of the title sheet.

C7

Recording/ registration date

If there is more than one entry in the charges/securities section, refer to your normal referral officer who will advise whether ranking of other charges is affected. If so, notification must be sent to affected creditors.

The date of registration of the Standard Security by xxx to xxx, registered xxx/Notice of Payment of Improvement/Repairs Grant by xxx to xxx,registered xxx, was incorrectly entered in the securities section of the title sheet.

C8

Notes - ranking

Refer to your normal referral officer who will advise whether notification should be sent to other creditors.

The ranking note(s) under the entry/entries for the standard security/standard securities by xxx to xxx, registered xxx, were incorrectly entered in the securities section of the title sheet.

C12

Variation/ assignation omitted from charges/securities section

If there is more than one entry in the charges/securities section, refer to your normal referral officer who will advise whether ranking of other charges is affected. If so, notification must be sent to affected creditors.

Introduction

If an agent or a member of the public thinks that there is an inaccuracy in a title registered in the Land Register, they may ask the Keeper to investigate. Evidence, which should be of a very high evidential standard, must be submitted in support of the request. Inaccuracies may also be identified by staff within RoS, and if a member of staff becomes aware of a perceived inaccuracy, they should make the Post Reg team aware.

In terms of section 80(1) and (2) of the 2012 Act, once the Keeper becomes aware of an inaccuracy she must rectify, if what is needed to do so is manifest. "Manifest" means perfectly clear and not reasonably disputable. Both the inaccuracy and the rectification action need to meet this standard.

All enquiries regarding registered titles are initially received by the Post Registration Enquiries team ("the Post Registration team"). The enquiry will be logged, and if the application that the enquiry relates to was completed within the last 12 months, this will be referred to the registration officer and their team leader through the Post Reg Hub. An email will be sent notifying both registration officer and team leader(s) of the received enquiry and this should be dealt with without delay. The instructions on this page set out the processes that registration officers should follow when dealing with a post registration enquiry that has been passed to them.

End of Process