Renewal, Restriction, Recall or Discharge of a Caveat

Process Steps

Initial Examination

Renewal, restriction, or recall

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

1.2 Check that the renewal, restriction, or recall has been submitted.

1.3 Check the application form:

• is signed,
• contains information that matches what is contained in the corresponding renewal, restriction, or recall,
• corresponds to the type of caveat applied for, e.g. renewal of a caveat, restriction of a caveat, or recall of a caveat.

1.4 Check that the renewal, restriction, or recall closely resembles the form set out in Schedule 1 of the Rules of Court, i.e.:

1.4.1 It 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.

1.4.2 It contains reference to the appropriate section of the 2012 Act, e.g. section 69, 70, or 71.  

1.4.3 In respect of each plot of land affected, the court order should contain:

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

1.5 Check that the title number(s) narrated in the renewal, restriction or recall relates to the correct registered title. 

1.6 Check that the information relating to the title number(s) narrated in the renewal, restriction or recall corresponds to the address and proprietor information on the application form.

1.7 Check that the renewal, recall or restriction refers to the original court order.

1.8 Check that the original caveat is still effective, i.e. the renewal, recall or restriction is received within the 12 month period specified in the caveat note in the property section of the title sheet.

1.9 Where the application relates to the restriction of an existing caveat, the court order should specify the nature and extent of the restriction. Check that a sufficient verbal description and/or a plan sufficient to describe the area restricted 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.

Initial Examination

Discharge

2.1 There is no requirement under section 72 of the 2012 Act for the person in whose favour warrant to place a caveat has been granted, to apply to the court for the caveat to be discharged. The person can apply directly to the Keeper using the Application Relating to a Caveat Form and selecting 'discharge of a caveat' as the application type. Nothing further requires to be submitted with the application, but the following checks are required:

2.1.1 Check the application form:

• • is signed, and
  • corresponds to the type of caveat applied for, e.g. discharge of a caveat.

2.2 Check that the title number(s) and registered proprietor information noted on the form relates to the correct registered title. 

2.3 Check that the original caveat is still effective, i.e. the discharge application is received within the 12 month period specified in the caveat note in the property section.

2.4 Check the caveat note in the property section to ensure the person in whose favour the caveat was granted is the same as the applicant named on the application form. 

Processing Application

Renewal or restriction

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

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

3.2.1 Add the appropriate IC application note, available on the LRS picklist.

3.3 Open the title workdesk.

3.4 The existing caveat note in the property section must be retained, and the following renewal or restriction note added as appropriate: (These notes have not yet been added to LRS picklist)

"Note: The above noted caveat has been renewed in terms of an order granted under section 69(2) of the Land Registration etc. (Scotland) Act 2012 for a period of 12 months as of [date renewal note entered on title sheet]".

"Note: The above noted caveat has been restricted in terms of an order granted under section 70(2) of the Land Registration etc. (Scotland) Act 2012, effective from [date restriction note entered on title sheet]."

3.5 When the renewal or restriction note is completed, click Apply on the title workdesk.

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

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

3.8 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 arrangements should be processed as follows:

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

3.8.2  The fee for renewing or restricting a caveat is £60 per renewal or restriction (irrespective of the number of title sheets affected).

3.9 If a cheque is submitted with the application:

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

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

3.10 Select the appropriate acknowledgement letter from the application workdesk picklist:

• • LR11 - caveat renewal
  • LR12 - caveat restriction

3.10.1 Complete letter, entering the following: the court by which caveat issued, the relevant subsection of section 67 (if specified), and the applicant's name and address.

3.10.2 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"

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

3.11.1 The renewal or restriction and application form should be added to the archive record.

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

3.12 Release application to Despatch Complete.

3.13 Take application on at Despatch Complete.

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

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

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

Processing Application

Discharge or recall

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

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

4.2.1 Add the appropriate IC application note, available on the LRS picklist.

4.3 Open the title workdesk.

4.4 Remove the existing caveat note and any related renewal or restriction notes from the property section, and click Apply. 

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

4.6 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 arrangements should be processed as follows:

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

4.6.2  The fee for discharging or recalling a caveat is £60 per discharge or recall (irrespective of the number of title sheets affected).

4.7 If a cheque is submitted with the application:

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

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

4.8 Select the appropriate acknowledgement letter from the application workdesk picklist:

• • LR13 - caveat recall/discharge

4.8.1 Complete letter, entering the following: the court by which caveat issued, the relevant subsection of section 67 (if specified), and the applicant's name and address.

4.8.2 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"

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

4.9.1 The recall (there will be no discharge document to return) and application form should be added to the archive record.

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

4.10 Release application to Despatch Complete.

4.11 Take application on at Despatch Complete.

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

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

4.14 Email the Litigation Team inbox with a note of each IC application created, stating that the reason was to enable discharge or recall of a caveat from the title sheet.