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General

Sections 56 to 64 of the Land Registration etc. (Scotland) Act 2012 created a new system of advance notices which are intended to give the grantee of a deed protection during the period between delivery of the deed and its registration, as long as such registration takes place within the protected period. A deed is protected for 35 days from the day after the date the advance notice is entered in the application record or recorded in the General Register of Sasines.

An advance notice does not "freeze" the register with the effect that no deed other than the protected deed may be registered during the 35 day protected period. Rather, so long as the protected deed is registered within the protected period, any competing deed (which is itself not protected by a prior ranking advance notice) or adverse entry in the ROI, is subject to the protected deed, i.e. the protected deed takes precedence over the competing deed. Advance notices can affect the order in which applications received on the same day for the same land are dealt with as well as applications received on different days for the same land.

An advance notice can only be used to protect a registrable deed, and not a deed which is intended to be recorded in the General Register of Sasines (GRS). However an advance notice can be recorded in the GRS for a deed inducing registration in the Land Register.

Frequently Asked Questions

Which register should the advance notice be in?

An advance notice is

recorded in GRS if the plot of land to which the deed relates is unregistered at the time the advance notice is granted, or
entered in the application record of the land register if the plot of land to which the deed relates is registered at the time that the advance notice is granted.

Advance notices relating to part of a registered plot will also be delineated on the cadastral map. There is an exception where the subjects are a flat in a tenement, see Transfer of part below for further guidance.

How long does the advance notice have effect for?

An advance notice has effect for a period of 35 days beginning on the day after the date it is recorded in the GRS or entered in the application record. The period can be shortened if the advance notice is discharged.

When an advance notice ceases to have effect it is removed from the application record (status on the LRS application workdesk changes and any delineation is removed from the cadastral map) and the notice's content would be clarified by a check of the archive record.

On the application record, an advance notice is type AN and the applicatIon number ends with an A, e.g. 14FFE0080A.

When does the 35 day period start?

The 35-day protected period starts on the day after the date the advance notice is entered in the application record or, as the case may be, recorded in GRS.

A Sasine officer creating a minute in the Sasine Register will enter the effective date in the minute. They should note that the effective date could fall on a weekend, i.e. the effective date of an advance notice recorded on a Friday is the following Saturday.

See Advance Notice 35 Day Calculator

What if the deed isn't registered within the 35 day period?

If the settlement of the transaction is delayed and the intended deed is not registered within the 35-day period, a further advance notice would need to be submitted. The protected period of an advance notice cannot be extended.

What happens if the sale falls through but another buyer has been found?

If the 35-day period is running for the earlier intended deed, the original advance notice could be discharged and a new advance notice lodged. In order to discharge the original advance notice, the consent of the original grantee is required; this will appear by way of a statement of confirmation on the discharge application form. However, there is no requirement that the original advance notice be discharged as it will expire at the end of the protected period.

When can an advance notice not be used to protect an intended deed?

Advance notices cannot be used for deeds which are unilateral (that is, do not have both granter and grantee) e.g. an advance notice cannot be used to protect:

any type of charging order
a deed of conditions (i.e. community burdens only).

Withdrawal or amendment of an advance notice is not permissible

An application for an advance notice or discharge of an advance notice cannot be withdrawn at the request of the applicant. In addition, there are no arrangements for the amendment of an advance notice at any stage after its submission.

If an applicant wishes to resolve a difficulty with the contents of the advance notice submitted, they should submit a new advance notice amended as appropriate or discharge the existing one and then do a new advance notice.

Acceptance and Rejection of Advance Notices

Statutory requirements for advance notices

In terms of section 57(1), a person who intends to grant a registrable deed (i.e. one which will be registered in the Land Register of Scotland), may apply to the Keeper for an advance notice. Section 56 makes provision for the minimum content of an advance notice, depending upon the circumstances and type of application, in order for the advance notice to be accepted. Provision is also made in The Land Register Rules etc (Scotland) Regulations 2014 (the Rules) relating to advance notice applications. Regulation 3 of the Rules provides for the procedure the applicant must follow and regulation 4 of the Rules makes provision for the description which must be contained in an advance notice where the deed it relates to is an unregistered lease or unregistered plot. The Schedule to the Rules makes provision for the forms of advance notice to be used in Land Register applications and The Register of Sasines (Application Procedure) Rules 2004.There are no provisions permitting a rejection fee to be levied if an application for an advance notice is rejected.

General Register of Sasines regulations

Rule 2(b) of the Sasine Application Rules makes provision for an application for an advance notice to be submitted to the General Register of Sasines in the form provided at Part 2 of the Schedule to the Sasine Application Rules.

Rule 2(c) of the Sasine Application Rules makes provision for an application to discharge an advance notice in the form provided at Part 3 of the said Schedule.

The application for an advance notice submitted to the General Register of Sasines does not require to be accompanied by a Sasine Application Form. Effectively, the forms provided combine the application form with the advance notice or discharge of advance notice.

Land Register of Scotland regulations

Regulation 2(a)(i) of the Rules makes provision for an application for an advance notice affecting the whole of a registered plot to be in the form provided at Part 1 of Schedule 1.

Regulation 2(a)(ii) of the Rules makes provision for an application for an advance notice affecting part of a registered plot to be made in the form provided at Part 2 of Schedule 1.

Who can apply for an advance notice?

A person may apply to the Keeper for an advance notice in relation to a registrable deed which the person intends to grant if:
(a) the person may validly grant the intended deed, or
(b) the person has the consent of such a person to apply.

For a disposition the advance notice must be applied for by the seller or a person who has the consent of the seller; the purchaser cannot apply for an advance notice in their favour. In contrast a purchaser who was also intending to grant a standard security can apply for an advance notice in respect of the standard security, providing that they have the consent of the owner.

Neither the granter of the deed nor the party consenting need necessarily be the heritable proprietor. For example, a party assigning a standard security or someone acting in a representative capacity, such as an executor or judicial factor could validly grant a registrable deed.

In any case where the party applying for an advance notice is not the owner of the plot the registration officer does not require to consider whether consent of the owner has been obtained. The various forms of advance notice applications incorporate a declaration that the applicant has obtained the appropriate consent.

Application for an advance notice - electronic or paper?

Only applications for an advance notice affecting the whole of a registered plot or registered lease can be submitted electronically. Registers of Scotland have developed an online submission system for advance notices affecting the whole of a registered plot or registered lease and if an application is made using that system to submit the application for an advance notice, the form does not require to be signed by the applicant or their agent.

Unsigned or undated paper applications

A paper application does require to be signed, either by the applicant or by the solicitor on behalf of the applicant, but the signature does not require to be self-evidencing (e.g. no witness to the signature of the applicant is necessary). Such paper application must also be dated.

A plan may be submitted, but the plan does not require to be signed.

If an advance notice is not submitted electronically using the online submission system provided by Registers of Scotland, and the advance notice is unsigned or undated, the application should be rejected as the applicant has not completed the statutory form provided by either Rule 2(b) and Part 2 of the Schedule to the Sasine Application Rules or Regulation 2(a)(i) of the Rules for a paper advance notice affecting whole of a registered plot or under regulation 2(a)(ii) for an advance notice affecting part of a registered plot.

When to reject an advance notice

The registration officer is required to ascertain whether the advance notice under examination meets the minimum requirements of the 2012 Act and the Rules referred to above. This does not necessarily mean that the information in the advance notice must match the information in the search sheet for the subjects.

Information on the requirements is provided below for each type of advance notice and officers should select the correct type of advance notice that they are dealing with and then click on the drop down for each rule to ascertain how it applies in practice. Information is also provided below on some of the more common scenarios where the registration officer does not require to reject the advance notice application.

See Fees for information about the correct fee for an advance notice. There is no rejection fee chargeable for an advance notice which is rejected under the rules which are set out below. Where the fee is tendered by a cheque, a separate cheque is required for each AN and it must be for the correct amount. No refunds will be issued and the AN should be rejected if the cheque is not for the correct amount.

Application form marked as "Draft"

Any form marked as "draft" indicates that it is a preliminary version of the form and not the finished article. As such, it is an indication that the Keeper cannot rely on the information contained therein, regardless of the fact that the form contains a declaration/certification. As such the Keeper will not accept any form marked as "draft" for registration.

Types of Advance Notice

First registration

An advance notice for a deed inducing first registration would be recorded in the General Register of Sasines.

Application to record an advance notice for first registration - advance notice recorded in GRS

A first registration advance notice must

1. state that a person intends to grant a deed to another person

a. section 56(1)(a) requires that there must be a granter and a grantee - unilateral deeds (which do not have a granter/grantee but only a granter) cannot be protected using an advance notice.

b. For example, a deed of conditions or a HASSASSAA charging order or a notice of title, cannot be protected by an advance notice. An advance notice cannot protect a disposition by A to A in the same capacity. An advance notice cannot be used merely because the owner of land intends to apply for voluntary registration of their plot.

c. It is not necessary for the registration officer to consider whether a particular intended deed can be protected by an advance notice or not. It is for the parties to a transaction to consider whether an advance notice is appropriate and would offer protection to their particular deed. However, if the officer believes that the intended deed specified is not a deed of a type which can be protected by an advance notice, then they may refer the application to their referral officer for consideration of this point.

2. state the names and designations of both persons

a. Section 56(1)(b) requires that the advance notice application states the names and addresses of the parties to the intended deed.

b. In the case of natural persons, if one of the parties is not named, or is named but not designed, then the application should not be accepted on to the General Register of Sasines. (See Designations for guidance on what is an acceptable designation of a natural person. That page is intended for the check of a registrable deed, but may be of assistance for advance notices.)

c. In the case of a non-natural person, for example a company or local authority, the advance notice form should contain information about the legal system under which the non-natural person was constituted. For a UK registered company or LLP, the advance notice form should also confirm the allocated company/LLP number. An address will usually be provided for a non-natural person but is not essential. However, the registration officer should accept the advance notice application on the basis of the information provided as regards the designation of a non-natural person. (See Designations regarding Non-Natural Persons for acceptable examples- this guidance page is intended for the content of a title sheet entry for a non-natural person, but may be of assistance for advance notices.)

d. If insufficient information is given as regards the designation of a non-natural person in an advance notice this may affect whether the advance notice does protect the deed in question, but this is not a matter which the officer requires to consider when dealing with the advance notice application itself.

3. describe the nature of the intended deed

a. Section 56(1)(c) requires that the advance notice application describe the nature of the intended deed. Therefore, the intended deed field must be completed with the name of a registrable deed.

b. If the intended deed field is not completed, the application should be rejected and not recorded in the General Register of Sasines.

c. Although an advance notice can only be used to protect deeds which will be registered in the land register, the officer does not need to seek further confirmation as to whether the deed to be granted would induce registration in the land register. Instead, they may rely upon the contents of the declaration on the advance notice application contains confirmation that the advance notice does relate to a registrable deed, but see paragraph (f) below.

d. Although a registration officer may consider that the parties to the intended deed have been incorrectly reflected in the advance notice application e.g, because a standard security is intended to be granted by Big Bank plc in favour of John Smith, but the search sheet for the subjects identified discloses that the subjects are owned by John Smith, this is not a matter for rejection. It is for the applicant to correctly reflect the parties to the intended deed in their advance notice application- if this does not happen then the advance notice may not protect the deed in question if a competing deed or ROI entry conflicted with the registrable deed actually submitted. In addition there may be a midcouple or link in title between the last recorded proprietor and the granter of the intended deed which would not be apparent or known to the officer.

e. The registration officer does not require to ensure that the "granter" of the intended deed matches that listed as the last recorded proprietor on the search sheet. Many deeds can be granted by a person other than the last recorded proprietor.

f. An advance notice application can be rejected if the intended deed is known not to be a registrable deed- see Requirements of Registrable Deeds (which has a list of known unregistrable deeds) and Registrable Deeds, Deed Codes, Amending Deed Types, Fees and eFin Categories which has a list of the known registrable deeds. However, the registration officer should discuss rejection with their referral officer before rejection is actioned- there may be unknown registrable deeds, and in cases of doubt, it is appropriate to accept the advance notice for entry onto the General Register of Sasines and leave the question of whether the intended deed is registrable for consideration when the application for registration of that deed is received.

4. describe the plot of land or lease in accordance with Regulation 4 of the Rules

a. Section 56(1)(e) requires that the advance notice application contain a description of the plot or lease.

b. If the Subjects field on the advance notice form is not completed at all, the application should be rejected and the advance notice not recorded in the General Register of Sasines.

c. If the description does not appear to describe the plot or the subjects of the lease by reference to a deed recorded in the General Register of Sasines, as required by Regulation 4(2)(a) of the Rules, for example if no recorded deed is referred to, the application should be rejected and the advance notice not recorded in the General Register of Sasines,

d. If the description of the plot does not include a deed name (for instance it makes reference to the parties to a deed and its recording date only), the advance notice application should be rejected and not recorded in the General Register of Sasines.

e. If the deed described in the advance notice is not the deed for description which led to the creation of the title sheet identified, but is another instead merely another deed on the progress of deeds on that search sheet which may (or may not contain a full description of the subjects) this is not a reason for rejection.

f. There may be errors in the advance notice in relation to the deed referred to for description, such as an error in the recording date, misspelling of party names and so on. These do not require rejection. The aim is that the officer can locate and place the minute on the correct search sheet.

g. Where property has a postal address, the advance notice ought also to incorporate that postal address. Regulation 4(2)(d) makes this a requirement where a property has a postal address. This is a matter for the applicant to consider, and no rejection should be considered in this regard.

h. Where the subjects of the lease or plot of land form part only of the subjects described in a deed recorded in the General Register of Sasines, the description must be accompanied by a plan of that part. This is a requirement of Regulation 4(3) of the Rules. The registration officer requires to check only that the boundaries of the part appear to be clearly delineated. There is no additional check of the quality of the plan as part of the recording process, such as whether it meets the Keeper's deed plan criteria or indeed the subjects of the advance notice could be mapped on the cadastral map of the land register. Further, although it is recommended that an applicant sign the plan to the advance notice, this is not essential and lack of signing is not a reason to reject.

i. It is not appropriate to accept an advance notice in the General Register of Sasines where it relates to subjects comprised wholly of seabed. The General Register of Sasines consists of a fixed set of land-based counties, which do not include the seabed. New deeds relating to seabed will almost certainly be granted by the Crown, without a prior recorded title. In these circumstances, the advance notice won't meet the requirement that it contain a description of the land by reference to a deed recorded in sasines. This means that the advance notice should be rejected.

5. be signed and dated

a. If the advance notice is not signed or dated, the application should not be accepted on to the General Register of Sasines.

Example Advance Notice - First Registration

For an image of the first registration advance notice application form click here.

Example of completed application relating to disposition affecting whole property

Form of application for recording an Advance Notice for First Registration

In accordance with section 56(1) of the Land Registration etc. (Scotland) Act 2012 an advance notice is a notice stating that a person (the ‘Granter’) intends to grant a deed (‘Intended Deed’) to another person (the ‘Grantee’).

Agent Details

Agent’s reference GB/PS/AC/BOUL01/01

Agent’s telephone number 01224 623040

Agent’s email address residential@campbellwysemurray.com

Agent’s name and address Campbell, Wyse and Murray, 12 High Street, Aberdeen

Payment Details

FAS Number 3421

Payment method DIRECT DEBIT

Deed Details

Intended deed DISPOSITION

County ABERDEEN

Subjects

Whole subjects

Search Sheet number (if known) Aberdeen 135266

Description of subjects affected by protected deed

(Please note the description must be in accordance with the Land Register of Scotland etc. (Rules) Regulations 2014)

Middle Lodge, Pitfour, Mintlaw, Peterhead, AB42 4JQ

That area or piece of ground at Middle Lodge, Pitfour, Mintlaw, Peterhead in the Parish of Old Deer and County of Aberdeen, being the subjects more particularly described in Disposition by Clydesdale Bank Public Limited Company with consent in my favour, dated Tenth and Seventeenth January and recorded in the General Register of Sasines for the County of Aberdeen on Third March, both months in the year Nineteen Hundred and Ninety-seven.

Granter Details

Individual

Prefix

Forename GLADYS MITCHELL

Surname FERGUSON

Property name MIDDLE LODGE

Property number

Street name PITFOUR, MINTLAW

Town PETERHEAD

Postcode AB42 4JQ

Country SCOTLAND

Grantee Details

Individual

Prefix

Forename NEIL DAVID

Surname BOULTON

Property name

Property number 9B

Street name RUBISLAW PARK ROAD

Town ABERDEEN

Postcode AB15 8BX

Country SCOTLAND

Individual

Prefix

Forename

Surname

Property name

Property number

Street name

Town

Postcode

Country

Applicant Statement and Declarations

I apply for an advance notice in terms of section 57 of the Land Registration etc. (Scotland) Act 2012 in respect of a registrable deed which I/we intend to grant. By making such application I confirm that (i) I may validly grant such a deed (or)(ii) I have the consent of a person who may validly do so, in accordance with section 57(2)(a) or (b) respectively, of the Land Registration etc. (Scotland) Act 2012.

I apply for recording of the aforementioned notice to which this application relates in the County and on behalf of the Granter(s) specified above.

I certify that the information supplied on this Form is complete and correct to the best of my knowledge and belief.

Signature A.N. Other

Date 7 Jun 2015

Example Sasines Minute for Disposition of whole

ADVANCE NOTICE for Disposition by GLADYS MITCHELL FERGUSON, Middle Lodge, Pitfour, Mintlaw to NEIL DAVID BOULTON, 9B RUBISLAW PARK ROAD, ABERDEEN of MIDDLE LODGE, PITFOUR, MINTLAW PETERHEAD, referred to in Disp to said Gladys Mitchell Ferguson recorded 3 Mar. 1997, with effect for 35 days from 10 Jun 2015 Lodge, Pitfour, Mintlaw, Peterhead. Dated 9 Jun. 2015.

Transfer of part

An advance notice for a deed relating to the transfer of part of a registered interest would be registered in the Land Register.

Advance notice of part - application submitted to land register - entry on application record and cadastral map

An advance notice of part must:

1. state that a person intends to grant a deed to another person

a. Section 56(1)(a) requires that there must be a granter and a grantee - unilateral deeds (which do not have a granter/grantee but only a granter) cannot be protected using an advance notice.

2. state the names and designations of both persons

a. Section 56(1)(b) requires that the advance notice application confirm the names and addresses of the parties to the intended deed.

b. In the case of natural persons, if one of the parties is not named or is named but not designed, then the application should not be accepted on to the application record. (See Designations for guidance on what is acceptable designation of a natural person. This page is intended for the check of a registrable deed, but may be of assistance for advance notices.)

c. In the case of a non-natural person, for example a company or local authority, the advance notice form should contain information about the legal system under which the non-natural person was constituted. For a UK registered company or LLP, the advance notice form should also confirm the allocated company/LLP number. An address will usually be provided for a non-natural person but is not essential. However, the registration officer should accept the advance notice application on the basis of the information provided as regards the designation of a non-natural person. (See Designations regarding Non-Natural Persons for acceptable examples- this guidance page is intended for the content of a title sheet entries for a non-natural person but may be of assistance for advance notices.)

d. If insufficient information is given as regards the designation of a non-natural person in an advance notice this may affect whether the advance notice does protect the deed in question, but this is not a matter which the officer requires to consider when dealing with the advance notice application.

3. describe the nature of the intended deed

a. Section 56(1)(c) requires that the advance notice application describe the nature of the intended deed. Therefore, the intended deed field must be completed with the name of a registrable deed.

b. The intended deed field must be completed with the name of a registrable deed. If the field is not completed, the application should not be accepted on to the application record.

c. Although a registration officer may consider that the parties to the intended deed have been incorrectly reflected in the advance notice application e.g, because a standard security is intended to be granted by Big Bank plc in favour of John Smith, but the search sheet for the subjects identified discloses that the subjects are owned by John Smith, this is not a matter for rejection. It is for the applicant to correctly reflect the parties to the intended deed in their advance notice application- if this does not happen then the advance notice may not protect the deed in question if a competing deed or ROI entry conflicted with the registrable deed actually submitted. In addition there may be a midcouple or link in title between the last recorded proprietor and the granter of the intended deed which would not be apparent or known to the officer.

d. The registration officer does not require to ensure that the "granter" of the intended deed matches that listed as the last registered proprietor. Many deeds can be granted by a person other than the last registered proprietor.

e. An advance notice application can be rejected if the intended deed is known not to be a registrable deed- see Requirements of Registrable Deeds (which has a list of known unregistrable deeds) and Registrable Deeds, Deed Codes, Amending Deed Types, Fees and eFin Categories which has a list of the known registrable deeds. However, the registration officer should discuss rejection with their referral officer before rejection is actioned- there may be unknown registrable deeds, and in cases of doubt, it is appropriate to accept the advance notice for entry onto the General Register of Sasines and leave the question of whether the intended deed is registrable for consideration when the application for registration of that deed is received.

4. state the title number(s)

a. Section 56(1)(d)( i) requires that the advance notice application state the title number of the title sheet to which the intended deed is to relate.

b. If the subjects for which the advance notice is sought fall entirely outwith the extent of the subjects registered in the parent title number(s) quoted in the advance notice application, the advance notice application should be rejected as it fails to meet this requirement.

c. If the subjects for which the advance notice is sought fall partly outwith the extent of the subjects registered in the title number(s) quoted in the advance notice application, (including where it appears to conflict with subjects already mapped) provided that the wording in the description of the part makes it clear that the area to be protected as shown on the plan is only to be registered in so far as it falls within the extent of the title number(s) quoted, the advance notice can be registered in so far as it affects the title number(s) quoted. The registration officer must discuss the terms of the description with their referral officer before deciding whether to accept or to reject. There is no need for the registration officer to check whether another advance notice has been submitted for the remainder of the subjects shown on the plan. If the description is not clear that the area to be protected as shown on the plan is only to be registered in so far as it falls within the extent of the title number(s) quoted, the application for the advance notice should be rejected as the applicant has failed to meet the requirement to state the title number(s).

d. If there appears to be a conflict between the mapping of the advance notice and another advance notice already mapped out, the officer does not require to reject the advance notice application under examination.

5. describe the part so the Keeper can delineate subjects on the cadastral map

a. Section 56(1)(d)(iii) provides that where the deed is to relate to part only of the plot or part only of a registered lease, the advance notice application must describe the part so as to enable the Keeper to delineate on the cadastral map the boundaries of the part;

b. This rule does not apply to a deed affecting a flat in a tenement building which is represented as a single cadastral unit on the cadastral map or to a pertinent (such as garden ground or a footpath) outwith a flatted building; an application for an advance notice over part affecting a flat in such a building is entered in the application record using a verbal description only. If the application for the advance notice indicates that the registered plot is a flatted building capable of being represented as a single cadastral unit, then a verbal description can be used.

c. Where the exception for flats does not apply, a plan showing the extent must be submitted with the advance notice form and this plan should also be signed and docqueted with reference to the advance notice application (or must clearly on its face relate to the advance notice). The plans should meet the deed plan criteria outlined on this guidance page for new plans. (Note that the page of guidance on how to check the description is acceptable is concerned with registration applications and not advance notices, but the principles are the same.) The registration officer should consider the plan submitted carefully- if there is sufficient information available to enable the delineation of the plot, the application should not be rejected.

d. If the plan required to be enclosed contains multiple references on the plan and there is no key or description then the AN should be rejected as there is insufficient information to delineate the boundaries of the plot affected by the deed- see exception for flats in a tenement at paragraph b above.

e. Where the registration officer ascertains that the subjects for which the advance notice is sought fall entirely outwith the plot registered in the title number (or outwith all the title numbers) quoted in the advance notice application, see Rule 4. above.

f. Where the registration officer ascertains that the subjects for which the advance notice is sought falls partly outwith the extent of the subjects registered in the title number(s) quoted in the advance notice application, (including where it appears to conflict with subjects already mapped), provided that the wording in the description of the part makes it clear that the area to be protected as shown on the plan is only to be registered in so far as it falls within the extent of the title number(s) quoted, the advance notice can be registered in so far as it affects the title number(s) quoted. The registration officer must discuss the terms of the description with their referral officer before deciding whether to accept or to reject. There is no need for the registration officer to check whether another advance notice has been submitted for the remainder of the subjects shown on the plan. If the description is not clear that the area to be protected as shown on the plan is only to be registered in so far as it falls within the extent of the title number(s) quoted, the application for the advance notice should be rejected as the applicant has failed to meet the requirement to state the title number(s). See Rule 4 above.

g. If there appears to be a conflict between the required mapping of the advance notice and another advance notice already mapped out of the parent title, the officer does not require to reject the application for an advance notice.

6. be signed and dated

a. If the advance notice is not signed or dated, the application for an advance notice should be rejected

b. If a plan required to be enclosed is not signed, although RoS are recommending the plan be signed so that it is clear that it relates to the AN, this is not a reason to reject. However, if the plan clearly does not relate to the advance notice application (and the subjects are not a flat in a registered tenement or flatted building where there is an exception for flats, for which see above at Rule 5a. and b.) then it should not be accepted on to the Registers of Scotland

Example Advance Notice - Part of Registered Plot

For an image of the form for an Advance Notice for Part of Registered Plot, click here.

Dealing with whole

An advance notice for a deed relating to the whole of a registered interest would be registered in the Land Register.

Paper advance notice of whole - submitted to land register - entry on application record only

An advance notice of whole must:

1. state that a person intends to grant a deed to another person

a. Section 56(1)(a) requires that there must be a granter and a grantee - unilateral deeds (which do not have a granter/grantee but only a granter) cannot be protected using an advance notice.

b. This means that, for example, a deed of conditions or a HASSASSAA charging order or a notice of title cannot be protected by an advance notice. An advance notice cannot protect a disposition by A to A in the same capacity. An advance notice cannot be used merely because the owner of land intends to apply for voluntary registration of their plot.

c. It is not necessary for the registration officer to consider whether a particular intended deed can be protected by an advance notice or not. It is for the parties to a transaction to consider whether an advance notice is appropriate. However, if the officer believes that the intended deed specified is not a deed of a type which can be protected by an advance notice, then they may refer the application to their referral officer for consideration of this point.

2. state the names and designations of both persons

a. Section 56(1)(b) requires that the advance notice application confirm the names and addresses of the parties to the intended deed.

b. In the case of natural persons, if one of the parties is not named or is named but not designed, then the application should not be accepted on to the application record. (See Designations for guidance on what is an acceptable designation of a natural person. This page is intended for the check of a registrable deed, but may be of assistance for advance notices.)

c. In the case of a non-natural person, for example a company or local authority, the advance notice form should contain information about the legal system under which the non-natural person was constituted. For a UK registered company or LLP, the advance notice form should also confirm the allocated company/LLP number. An address will usually be provided for a non-natural person but is not essential. However, the registration officer should accept the advance notice application on the basis of the information provided as regards the designation of a non-natural person. (See Designations regarding Non-Natural Persons for acceptable examples- this guidance page is intended for the content of a title sheet entries for a non-natural person but may be of assistance for advance notices.)

d. If insufficient information is given as regards the designation of a non-natural person in an advance notice this may affect whether the advance notice does protect the intended deed, but this is not a matter which the officer requires to consider when dealing with the advance notice application.

3. describe the nature of the intended deed

a. Section 56(1)(c) requires that the advance notice application describe the nature of the intended deed.

b. The intended deed field must be completed with the name of a registrable deed. If the field is not completed, the application should be rejected.

4. state the title number(s)

a. Section 56(1)(d)( i) requires that the advance notice application state the title number of the title sheet to which the intended deed is to relate.

b. If the advance notice application does not contain a title number, the advance notice application should be rejected.

5. where AN relates to a deed which affects registered lease without a lease title sheet (i.e. plot is registered but right of tenant not on its own title sheet), it must contain particulars of lease

a. Section 56(1)(d)(ii) requires that where the advance notice relates to an intended deed affecting a registered lease which does not have a lease title sheet, the advance notice must refer both to the title number for the plot of land and state the particulars of the lease.

b. If the intended deed clearly relates to an existing lease, but no particulars of the lease are given, the advance notice application should be rejected.

6. be signed and dated (where paper application submitted)

a. If the advance notice is not signed or dated, the application should be rejected.

Example Advance Notice - Whole of Registered Plot

For an image of the form for an Advance Notice for Whole of Registered Plot, click here.

Advance Notice over an Amalgamated Title

Section 13(2) of the Land Registration etc. (Scotland) Act 2012 gives the Keeper power to amalgamate plots from the time the respective plots have entered the Land Register. Amalgamating title numbers on the LRS has implications for advance notices which have been submitted into the AN handler but for which paper copies have not yet been received. If there are any advance notices in the AN handler at the date the subjects are being amalgamated on the LRS then when the paper copies are submitted, on completion, they will fail to load into the LRS.

Prior to amalgamating the title numbers the amalgamation officer must request that the title number being amalgamated is searched against in the AN handler. The request will be sent to TP Support and they will pass this to an AN officer to conduct a search against the relevant title number. The request will also include instructions to reject any pending advance notices for which the paper copy has not been received.

1.1 In the AN handler complete a search against the title number which is being amalgamated.
1.2 If there are no pending Advance notices, email the amalgamation officer and advise the search is clear, provide the date which the search was undertaken, and state amalgamation can proceed on that specified date.
1.3 If there are any outstanding advance notices these should be rejected.

1.3.1 Check the advance notice Intake for the relevant county to ensure no paper copies of an advance notice have been submitted for that day

1.3.2 If any advance notices are awaiting completion ensure these are completed

1.3.3 If there are any advance notices in the handler for which paper copies have not been received these should be rejected stating the reason "Title number xxxx has been amalgamated into title number xxxx. Please re-submit the advance notice against title number xxxx."

1.3.4 On completion and/or rejection of all pending advance notices email the amalgamation officer and advise the search is now clear, provide the date which the search was undertaken, and state amalgamation can proceed on that specified date.

Any amalgamation must be completed on the LRS on the same date as that specified by the AN officer. Failure to do so may result in further advance notices being submitted to the AN handler, awaiting submission of the paper copy. If amalgamation is undertaken without giving consideration to any further advance notices then on completion of these they will fail to upload to the LRS.

If a settler does not amalgamate on the noted date a further request will need to be sent to TP Support for another search to be undertaken.

When Should an Officer Check for an Advance Notice?

A registration officer will only require to check for the existence of, and consider the effect of, advance notices in limited situations, which are set out in the examples below.

Deed induces first registration or automatic plot registration or transfer of part

When the granter of the deed for registration is different from the person named in the proprietorship section of title sheet, but the application form questions have been completed in an unexpected manner which do not suggest links in title exist.

When a disposition undergoing registration is found to conflict/overlap with a pre-registered title which was registered within 35 days of the current application.

In FR/APR when a deed noted on the application form has been registered less than 35 days prior to the FR application or when advised by the closing note officer of a deed recorded in Sasines less than 35 days prior to the FR application.

When the securities section contains a heritable security with a registration date within 35 days of the disposition being processed and the disposition is protected by an advance notice. An advance notice protecting the disposition where none protected the heritable security may mean that the heritable security would have to be removed from the register once the disposition was registered.

When there is an entry in the ROI against the granter with a date less than 35 days prior to the date of the current application and the disposition/assignation of lease is protected by an advance notice recorded/entered within the 35 day period and prior to the ROI entry, the entry in the ROI will not affect the registrable deed.

When a deed of servitude encumbering the plot of land affected by the intended disposition has been registered within 35 days of the application date of the current deed inducing registration.

Deed submitted as a dealing (including DWs accompanying another type of application)

When the securities section contains a heritable security with a registration date less than 35 days prior to the application date of the standard security currently undergoing registration. The existence of an advance notice may determine the ranking of the two securities.

When a standard security and another form of heritable security come in for registration on same day. The existence of an advance notice for one of the securities may determine ranking.

When the granter of the deed for registration (and the deed is of a type which must generally be granted by the proprietors or a person acting on their behalf) is different from the person named in proprietorship section of title sheet, but the application form questions have been completed in an unexpected manner which do not suggest links in title exist.

When there is an entry in the ROI against the granter with a date less than 35 days prior to the date of the current application, and the registrable deed is protected by an advance notice entered within the 35 day period and prior to the ROI entry, the entry in the ROI will not affect the registrable deed.

An advance notice protects the intended deed against any competing deed, or entry with inhibitory effect in the ROI. An advance notice does not protect against either type of notice of potential liability for costs. Such a notice should not be removed from the Land Register even if it is registered in the Land Register or recorded in the General Register of Sasines in the protected period for a deed being registered in the Land Register.

Advance Notice Scenarios

There are several factors which combine to determine how an application for registration of a protected deed will be treated if there has been an intervening registration in the protected period:

the type of competing deed in the land register;
whether the competing deed is protected by a prior ranking advance notice;
the type of protected deed.

Only a senior caseworker can authorise that an existing entry in the title sheet be amended where the guidance in this section indicates that is the appropriate outcome, for example:

'replace' the registered proprietor with the proprietors under a protected deed;
change the ranking of an entry for a heritable security;
delete an entry for a deed of servitude.

Refer any such application to a senior caseworker. Authorisation for the addition of ranking notes may be undertaken by an RO2 officer.

Example 1 DIsposition/Disposition - advance notice for the second

X, who is the owner of Blackmains, grants an advance notice in favour of Y in respect of a prospective disposition of that property.

The advance notice is entered in the application record of the Land Register on 1st May.

X delivers a disposition of the property to Y but also a disposition of it to Z.

On 8th May, Z’s disposition is registered in the Land Register.

On 15th May, Y applies for registration in the Land Register.

Consequences: The Keeper accepts Y’s application and on registering Y’s disposition replaces Z’s name with Y’s in the Land Register. Y becomes registered proprietor of the property with effect from 15th May.

Example 2 Disposition/Disposition - advance notice for second but protected period has elapsed on date second disposition submitted

The same as in example 1 except that Y does not apply for registration in the Land Register until after the protected period has elapsed.

Consequences: Y's application is rejected.

Example 3 Disposition/Disposition - both have advance notices

X, who is the owner of Scarletmains, grants on 1st May an advance notice in favour of Y in respect of a prospective disposition to Y of that property and on 2nd May an advance notice in favour of Z in respect of a prospective disposition to Z of that property.

Z’s advance notice is entered in the application record of the Land Register on 8th May.

Y’s advance notice is so entered on 9th May.

X delivers a disposition of the property to Y but also a disposition of it to Z.

On 15th May, Y’s disposition is registered in the Land Register.

On 16th May, Z applies for registration in the Land Register.

Consequences: The Keeper accepts Z’s application and on registering Z’s disposition replaces Y’s name with Z’s in the Land Register. Z becomes registered proprietor of the property with effect from 16th May.

Example 4 Disposition/Deed of Servitude - advance notice for disposition

X, who is the owner of Whitemains, grants an advance notice in favour of Y in respect of a prospective disposition of that property.

The advance notice is entered in the application record of the Land Register on 1st May.

X delivers a disposition of the property to Y but also a deed of servitude over it to Z.

On 8th May, the deed of servitude is registered in the Land Register.

On 15th May, the disposition is registered in the Land Register.

Consequences: The Keeper removes the servitude from the Land Register.

Example 5 Standard Security/Standard Security - advance notice for second

X, who is the owner of Greymains, grants an advance notice in favour of Y in respect of a prospective standard security over the property.

The advance notice is entered in the application record of the Land Register on 1st May.

X delivers a standard security over the property to Y but also a standard security over it to Z.

On 8th May, Z’s standard security is registered in the Land Register.

On 15th May, Y’s standard security is registered in the Land Register.

Consequences: From 15th May, Y’s standard security ranks ahead of Z’s standard security. For examples of ranking notes, see Securities Section Information

Example 6 Standard Security/Disposition - advance notice for standard security

X, who is the owner of Purplemains, grants an advance notice in favour of Y in respect of a prospective standard security over the property.

The advance notice is entered in the application record of the Land Register on 1st May.

X delivers a standard security over the property to Y but also a disposition of it to Z.

On 8th May, Z’s disposition is registered in the Land Register.

On 15th May, Y applies for registration of the standard security in the Land Register.

Consequences: The Keeper accepts Y’s application and Z’s land is encumbered with the standard security as from 15th May.

Example 7 Deed of Servitude/Disposition - advance notice for deed of servitude

X, who is the owner of Greenmains, grants an advance notice in favour of Y in respect of a prospective servitude over the property.

The advance notice is entered in the application record of the Land Register on 1st May.

X delivers a deed of servitude over the property to Y but also a disposition of it to Z.

On 8th May, the disposition is registered in the Land Register.

On 15th May, Y applies for registration of the deed of servitude in the Land Register.

Consequences: The Keeper accepts Y’s application and Z’s land is encumbered with the servitude as from 15th May.

Example 8 Assignation of Lease/Standard Security over lease- advance notice for assignation

X, who holds a registered lease over Yellowmains, grants an advance notice in favour of Y in respect of a prospective assignation of the lease.

The advance notice is entered in the application record of the Land Register on 1st May.

X delivers an assignation of the lease to Y but also a standard security over the lease to Z.

On 8th May, the standard security is registered in the Land Register.

On 15th May, the assignation is registered in the Land Register.

Consequences: The Keeper removes the standard security from the Land Register.

Example 9 Disposition/Inhibition or other inhibitory entry in ROI

X, who is the owner of Redmains, grants an advance notice in favour of Y in respect of a prospective disposition of that property.

The advance notice is entered in the application record of the Land Register on 1st May.

On 2nd May, X is inhibited.

On 3rd May, missives of sale between X and Y are concluded. Thereafter X delivers a disposition of the property to Y and the disposition is registered in the Land Register.

Consequences: The disposition, if so registered while the protected period is running, is not affected by the inhibition.

Example 10 Standard security granted after advance notice for disposition

1 May - W, who is the owner of 15 Beaufort Gardens, grants an advance notice in respect of a disposition to X and it is entered into the application record.

13 May - W grants a standard security to lender Y. The security is registered, and entered onto the title sheet for 15 Beaufort Gardens.

15 May - X registers the disposition by W to X. This is protected by the advance notice.

Consequences: X gets a good title, unencumbered by the standard security. The standard security in favour of Y is deleted from the register.

Decision Trees

Granter of current disposition/assignation of lease is different from proprietor in proprietorship section of title sheet.

Visio 5004

If proprietorship section proprietor's title was registered more than 35 days from the date of application of current deed, the deed is either invalid or links in title exist to cure the situation.

If proprietorship section proprietor's registration date was within 35 days of the application date of current deed, check for an advance notice for current deed in either the application record or archive record, archived prior to the registered proprietor's registration date..

If advance notice exists for current deed, check for an advance notice for existing registered deed.
- If no advance notice exists for the previous registration, enter the grantee from the current application in the proprietorship section and remove existing proprietor.
- If advance notice exists for previous registration and was entered prior to the advance notice for the current deed, reject current deed as the granter has no legal capacity to convey title.
If no advance notice exists for current deed, or advance notice for current deed was entered after the registration date of existing registered deed, reject the application.

A standard security has been registered less than 35 days before date of application of current standard security.

Visio 5005

Check the sasine register, application record or archive record, as necessary, for advance notice for current standard security recorded/entered prior to the registration date of the previously registered security.

If advance notice exists for current security that was recorded/entered prior to the date of registration of previously registered security, check for an advance notice for the existing registered security.
- If no advance notice exists for the previously registered security, register the current security. This security will rank prior to the previously registered security. A note should be added after both entries - for styles of note, see Securities Section Information for information on ranking by date order.
- If advance notice exists for previously registered security that was recorded/entered prior to the advance notice for current security, register the current security as normal. It will rank after the previously registered security.
If no advance notice exists for current security, register as normal. It will rank after the previously registered security.

A standard security has been registered less than 35 days before date of application of current disposition/assignation of lease.

Visio 5006

Check application record or archive record for advance notice for current deed, entered prior to registration date of standard security.

If advance notice for current deed exists and was entered prior to registration date of standard security, check for an advance notice for the existing registered security.

If no advance notice exists for previously registered security, register the current disposition/assignation of lease as normal and remove existing security from securities section.
If an advance notice exists for the registered security, that was entered prior to the advance notice for current deed, register the current application as normal with no changes to the securities section (other than the designation of the granter of the existing security).

If no advance notice exists for current deed, or advance notice for current deed was entered after registration date of standard security, register as normal with no changes to the securities section (other than the designation of the granter of the existing security).

Deed of servitude has been registered less than 35 days before application for disposition/assignation of lease.

Visio 5008

Check application record or archive record for advance notice for current deed, entered prior to registration date of deed of servitude.

If advance notice for current deed exists, and was entered prior to registration date of deed of servitude, check if an advance notice exists for the registered deed of servitude.
- If no advance notice exists for the registered deed of servitude, or advance notice for deed of servitude exists but was entered after advance notice for current deed, register current deed as normal and remove deed of servitude from title sheet, unless the servitude benefits the subjects undergoing registration.
- If an advance notice exists for the registered deed of servitude, and was entered prior to the advance notice for the current deed, register current deed as normal. The servitude remains in the title sheet.
If no advance notice exists for current deed, or advance notice for current deed was entered after advance notice for deed of servitude, register current deed as normal leaving the deed of servitude in the title sheet.

Disposition submitted for registration, once mapped is found to overlap with existing title registered within 35 days prior to current application.

Visio 5009

Check application record or archive record for advance notice for current deed, entered prior to registration date of previously registered title.

If advance notice exists for current deed, check for an advance notice for existing registered deed.
- If no advance notice exists for prior registered deed, or advance notice for prior registered deed was entered after advance notice for current deed, register current deed as normal and remove existing registered deed from the register i.e. whole of existing title is removed from land register.
- If an advance notice, exists for prior registration that was entered prior to advance notice for current deed, reject current application as there can be no competing titles under the 2012 Act.
If no advance notice exists for current deed, or advance notice for current deed was entered after the registration date of the previously registered title, reject the application, as competing titles cannot exist under the 2012 Act.

Two standard securities submitted for registration on same day

Visio 5007

Check for advance notice for either security in the application record or archive record.

If advance notices exist for both securities work out which security has prior ranking based on the date each security's protected period started. Add entry for each security in the securities section and add ranking notes after both entries - for styles of note, see Securities Section Information for guidance on ranking by date order
If only one security has the protection of an advance notice it will rank prior to the other security. Add entry for each security in the securities section and add ranking notes after both entries - for styles of note, see Securities Section Information for guidance on ranking by date order
If neither security has the protection of an advance notice they will rank pari passu. Add entry for each security in the securities section but only add ranking notes if ranking clauses are contained in one or both of the securities.

Entry in ROI

Visio 5010

If there is an entry in the ROI against the granter of your deed registered less than 35 days before the application date, check for an advance notice for the deed.

If no advance notice exists, or advance notice for deed was entered after date of ROI entry, follow the normal process for dealing with "hits" in the ROI.
If advance notice entered prior to date of ROI entry exists for the deed, ignore the entry in the ROI.

Before rejecting an application for registration

Registration officers should not reject an application for registration where the deed is not granted by the registered proprietor on the basis of these decision trees without considering the guidance on the expected or appropriate answers to the question on the form "Is the granter of the deed the last recorded/registered proprietor?". See Requirements of Registrable Deeds for further guidance.

The guidance at Date, Time and Order of Registration should also be considered for applications received on the same day in relation to the same land.

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