Noting a Caveat on the Title Sheet

Process Steps

Initial examination

1.1 Check that the appropriate Application Relating to a Caveat Form has been used.

1.2 Check that the caveat has been submitted.

1.2 Check the application form:

• is signed,
• contains information that matches what is contained in the corresponding caveat,
• corresponds to the type of caveat applied for, e.g. noting of a caveat on a title sheet.

1.3 Check the caveat complies with the requirements of the Rules of Court, and closely resembles the form set out in Schedule 1, i.e.:

1.3.1 The caveat has been issued by either the Court of Session, Sheriff Court, or the Lands Tribunal for Scotland, and that details of the warrant as prescribed in the Rules of Court are included in the court order.

1.3.2 The caveat contains reference to section 67 of the 2012 Act, which may include the relevant subsection, e.g. section 67(1)(a), (b) or (c).  

1.3.3 In respect of each plot of land affected by the caveat, the court order should contain:

1. • a description of the registered plot of land,
   • the title number,
   • the name and address of the proprietor, and
   • the name and address of the person in whose favour the court order is granted.

1.3.4 Check that the title number(s) narrated in the caveat relates to a registered title. A caveat can't be placed against subjects in the Register of Sasines, or subjects pending first registration in the application record.

1.3.5 Check that the information relating to the title number(s) narrated in the caveat corresponds to the address and proprietor information on the application form.

1.3.6 Where the caveat relates to only part of a plot of land, check that a sufficient verbal description and/or a plan sufficient to describe the area affected is included. There is no requirement to delineated the area on the cadastral map, but details will be available from the archive record and will form part of any plain copy or extract that is issued.

Processing the caveat application

1.4 Under Intake Con, create an IC (internal correction) application on LRS against all title numbers affected by the caveat, and release to Legal Settle.

1.5 Take on the application at Legal Settle and open application workdesk.

1.5.1 Add an IC application note from the LRS picklist and amend as follows:

"IC to note caveat in A section"

1.6 Open the title workdesk.

1.7 Add a caveat note to the property section of the title sheet. 

1.7.1 Select the appropriate note from the drop down list on LRS, and complete the required fields, amending the text where necessary. Where the latest version of the title sheet is a 79 version, the notes below will not be appear on the LRS picklist, and should be entered manually:

"Note: The subjects in this Title are affected by a caveat in terms of section 67(2) of the Land Registration etc. (Scotland) Act 2012 granted by the [name of court] in relation to an action raised under section 67(1)[enter (a), (b) or (c) if specified] of the said Act in favour of [name and designation of person in whose favour order granted - the applicant] for a period of 12 months as of [date caveat note entered on title sheet]."

Or, where only part of the plot is affected by the caveat:

"Note: Part of the subjects in this Title are affected by a caveat in terms of section 67(2) of the Land Registration etc. (Scotland) Act 2012 granted by the [name of court] in relation to an action raised under section 67(1)[enter (a), (b) or (c) if specified] of the said Act in favour of [name and designation of person in whose favour order granted - the applicant] for a period of 12 months as of [date caveat note entered on title sheet]." 

1.8 When the caveat note is completed, click Apply on the title workdesk.

1.9 Check the information contained in the note is correct. There is no requirement to update the title sheet update field.  

1.10 Select Confirm in the title workdesk. There is no requirement to print the title sheet.

1.11 There is currently no facility for pre-payment of the fees relating to caveat applications. Although the applicant is asked to indicate a payment method on the application form, direct debit pre-payments are not currently possible. The payment should be processed as follows:

1.11.1 Raise a post-invoice using “caveat” as the product type (colleagues in registration areas should have permissions).  

1.11.2  The fee for placing a caveat on a title sheet is £80 per caveat (irrespective of the number of title sheets affected).

1.12 If a cheque is submitted with the application:

1.12.1.Take a copy of the post-invoice to despatch to agent.

1.12.2. Pass the cheque and the post-invoice to Finance for processing.

1.13 Select the 'LR10 - Caveat noting on Title Sheet' acknowledgement letter from the application workdesk picklist.

1.13.1 Complete letter, entering the following:

• the agent's details
• the caveat application number (this is the application number of the IC application)
• the court by which caveat issued 
• the relevant subsection of section 67. If the subsection is not specified amend that part of the letter to read as follows:

 "Section 67 of the Land Registration etc. (Scotland) Act 2012 relevant to the action raised: Warrant to place caveat on the above title sheet."

• the applicant's name and address.

1.13.2 Add following text to advise of feeing arrangements, as appropriate:

"It is not currently possible to process pre-payment of the fee for this type of application, therefore please find invoice enclosed." 

Or for cheque payments:

"We enclose copy invoice for your information, and acknowledge receipt of payment by cheque."

1.14 Identify the documents to be scanned, including copies of the following:

1.14.1 the caveat and application form should be added to the archive record.

1.14.2 the invoice, acknowledgement letter, any covering letter submitted, and any other relevant documentation should be added to the business record.

1.15 Release application to Despatch Complete.

1.16 Take application on at Despatch Complete.

1.17 Click ‘complete’ on the LRS (this will send the information over to ScotLIS).

1.18 Return documents, invoice and acknowledgment letter to submitting agent.

1.19 Email the Litigation Team inbox with a note of each IC application created, stating that the reason was to enable placing of a caveat on the title sheet.