Post Registration Enquiry Process
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.
Open the email from Post Registration team. This will set out the title number the enquiry relates to.
Click on the link in the email and this will take you to the enquiry as logged on the Post Reg Hub. You will see there is a summary tab setting out the enquiry, a documents tab showing any submitted documents (you can add documents as you go through the enquiry), a history and notes tab and a contact details tab.
Click Assign to me to allocate the enquiry to yourself
Consider details of enquiry
Consider the enquiry as set out in the Perceived Inaccuracy section of the summary tab, also checking the archived application in CMS/LR Archive/R: drive and relevant guidance in the registration manual, to establish whether an inaccuracy exists.
If an inaccuracy exists solely because of new information that has now been provided to the Keeper, the enquiry should be unassigned which will return the enquiry to the Post Registration team. Forward the email you originally received to the RR Team mailbox (the relevant information is included in this email) adding an explanation of why the enquiry is being returned.
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.
If evidence of inaccuracy is found, follow the guidance in Inaccuracy in title confirmed
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
If the title accurately reflects the information in the deeds/application, draft a response to the agent/member of the public, using the appropriate letter template (No inaccuracy manifest). The appropriate 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. Ensure your letter is formatted correctly before saving.
If no email address is available, the appropriate letter should be prepared and this should be converted to a pdf and emailed to CAJR support for printing and posting.
If an email address is available, the appropriate letter should be prepared and this should be converted to a PDF and attached to the email.
How to save a Word document as PDF
A PDF version of the appropriate letter should be attached to the email because it is more difficult to subsequently alter a PDF version of a document.
From an open Word document there are two methods for creating a PDF copy.
- From the File tab select Print
- Select PDF-Xchange 5 on the printer options drop down list and press Print
- Select the folder into which you want to save the document
- In the File Name field, type or select a file name and if necessary change the Save as type to PDF
or
- From the File tab select Save as
- Choose the folder into which you want to save the document
- In the File Name field, type or select a file name
- In the Save as type field, change the type to PDF
A copy of the letter is now saved in the folder as a PDF.
Suggested text for email
Your ref: (insert agent's reference)
Title Number:
Please see letter attached.
Post Registration Enquiries
Registers of Scotland
Respond to agent
Assuming email details are available, send email to agent (email can be created by clicking on email address under the Contact Details tab) with response letter attached.
Resolve Enquiry
Select resolve and confirm enquiry did not result in rectification and select a reason from the drop down list
Save and continue
Review decision and once satisfied correct details are entered, select resolve enquiry
Archive
Select if the enquiry should be archived against an application number or the title number (if the enquiry relates to an application completed within the previous 12 months, please archive against the application number of that application).
Add in the relevant application number and save and continue
Choose whether customer’s original enquiry should be added to archive or business record
Upload your enquiry response PDF and email sent (this is helpful as details of when and whom the email was sent may be required). Note that all documents added must be in PDF format and the email can be converted to PDF by following the steps under the email tab ABBYY FineReader PDF on Outlook
Choose whether the response(s) should be added to archive or business record. Save and continue.
Next upload any correspondence to other parties (eg you have written to the solicitor for a neighbour to advise of no amendment of their title). [Note this step can be skipped if no correspondence to other parties was sent].
If any was added, choose whether correspondence to other parties should be added to archive or business record. Save and continue.
Select any notes which should be archived (eg notes relating to a referral), select whether these should be added to archive or business record [Note this page only appears if notes have been added]. Save and continue.
Select to add supporting documents to archive or business record, or to delete any supporting document(s). You can also at this stage add a document. Save and continue.
Review
Review your selections and once satisfied everything is correct, select send to archive
The process steps here should be followed if, following the initial examination of a post registration enquiry, it is concluded that the title is to be rectified.
Request creation of RR application
Send an email to the RR team mailbox, requesting the creation of an RR application.
The email should advise the RR team of the TIE number (eg 23TE000020) and the title number. RR Team will respond by email with RR application details.
Take on application and update the title
When a RR application number is received from the RR team, take on the application on the LRS and complete any necessary amendments to correct the title.
Amendments must be completed within 24 hours of receipt of the application number.
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.
Add a brief note in the Application Notes and Instructions, explaining the rectification.
Draft response to enquiry
If the registered proprietor or their agent submitted the enquiry, the appropriate letter as selected from the LRS should be used. Your letter should address all points raised in the enquiry and should be formatted correctly.
If the enquiry was submitted by someone other than the registered proprietor or their agent, letter LR09 should be emailed to the person who submitted the enquiry and letter LR09A (Notification of Rectification to Proprietor) should be emailed to the agent for the registered proprietor (firstly check that the firm is still in existence). If in doubt, send the appropriate letter to the proprietor(s).
If the inaccuracy was identified within RoS, letter LR09A (Notification of Rectification to Proprietor) should be emailed to the agent for the registered proprietor (firstly check that the firm is still in existence). If in doubt, send the appropriate letter to the proprietor(s).
Additional text to be added to LR09 if enquiry mentions compensation
If the enquiry directly asks for compensation or includes an invoice, a copy of the correspondence should be forwarded to the compensation.team@ros.gov.uk who will respond to that part of the enquiry. The following is a guide to the text to include in your own response:
"The claim for compensation made in your enquiry has been forwarded to the Keeper's Compensation Team who will respond under separate cover in due course."
If the enquiry indicates an intention to claim compensation, the following is a guide to the text to include in your own response:
"I note your intention to claim compensation from the Keeper. Please submit any such request along with an itemised account /invoice to compensation.team@ros.gov.uk"
If no email address is available, the appropriate letter should be prepared and this should be converted to a pdf and emailed to CAJR support for printing and posting.
If an email address is available, the appropriate letter should be prepared and this should be converted to a PDF and attached to the email.
How to save a Word document as a PDF
How to save a Word document as a PDF
A PDF version of the LR09C should be attached to the email because it is more difficult to subsequently alter a PDF version of a document.
From an open Word document there are two methods for creating a PDF copy.
- From the File tab select Print
- Select PDF-Xchange 5 on the printer options drop down list and press Print
- Select the folder into which you want to save the document
- In the File Name field, type or select a file name and if necessary change the Save as type to PDF
or
- From the File tab select Save as
- Choose the folder into which you want to save the document
- In the File Name field, type or select a file name
- In the Save as type field, change the type to PDF
A copy of the letter is now saved in the folder as a PDF.
Suggested text for email
Your ref: (insert agent's reference)
Title Number:
Please see letter attached.
Post Registration Enquiries
Registers of Scotland
Respond to agent
Assuming email details are available, send email to agent (email can be created by clicking on email address under the Contact Details tab) with response letter attached.
Resolve Enquiry
Select resolve and confirm enquiry resulted in rectification and save and continue to select the parts of the title that were rectified using the tabs, the drop down options and the open text boxes (this replaces the previous requirement to provide an error code) and save and continue
Confirm if this was a Keeper error or not (yes/no) and save and continue
Confirm source of the error and save and continue
Review decision and once satisfied correct details are entered, select resolve enquiry
Archive
Select if the enquiry should be archived against an application number or the title number (if a RR has been created, the archive should be against the application number of the RR).
Add the relevant application number and save and continue.
Choose whether customer’s original enquiry should be added to archive or business record
Save and continue
Upload your enquiry response pdf and email sent (this is helpful as details of when and to whom the email was sent may be required). Note that all documents added must be in pdf format and the email can be converted to pdf by following the steps under the email tab ABBYY FineReader PDF on Outlook
Choose whether the response(s) should be added to archive or business record. Save and continue.
Next upload any correspondence to other parties (eg you have written to the solicitor for a neighbour to advise of amendment of their title). [Note this step can be skipped if no correspondence to other parties was sent].
If any correspondence to other parties was added, choose whether correspondence to other parties should be added to archive or business record. Save and continue.
Select any notes which should be archived (eg notes relating to a referral), select whether these should be added to archive or business record [Note this page only appears if notes have been added]. Save and continue.
Select to add supporting documents to archive or business record, or to delete any supporting document(s). You can also at this stage add a document. Save and continue.
Review
Review your selections and once satisfied everything is correct, select send to archive
End of Process
Registers of Scotland (RoS) seeks to ensure that the information published in the 2012 Act Registration Manual is up to date and accurate but it may be amended from time to time.
The Manual is an internal document intended for RoS staff only. The information in the Manual does not constitute legal or professional advice and RoS cannot accept any liability for actions arising from its use.
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