Legal - Initial Examination - KIR (Public)

Process Steps

1.1 Select the next available KIR application from the spreadsheet.

1.1.1 Add your initials to the Legal Officer column to show that the application is in work.

1.1.2 If the RA contains tenement blocks where the addresses of previously conveyed properties cannot be matched to UPRN addresses, separate KIR titles will have been created for those tenement blocks (assuming the council retain ownership of the remainder of the tenement). Where possible KIR titles relating to the same RA should be dealt with at the same time.

1.2 Review the preparatory material provided in the RA folder in conjunction with the annotated Plan Viewer.

1.3 Check the search sheet(s) to identify which council has title to the unsold parts of the RA.

• The search sheet number(s) can be obtained from searching the RA in the LRS or from the address list in the RA folder.

1.3.1 If the proprietor (or their successor) is not one of the councils that are being dealt with, note the proprietor's name in the Notes column of the Timings spreadsheet and select another KIR application, as per 1.1.

1.4 Take on application at legal settle on the LRS.

1.5 Open application workdesk.

1.6 Check for any additional applications over KIR title.

1.6.1 Request any additional applications from support and attach on receipt if it is appropriate to do so.

1.7 Check the application workdesk notes and action/acknowledge or refer if necessary. 

1.8 Check the application workdesk and amend if necessary.

1.9 Open the title workdesk.

1.10 Complete Search Sheet field.

• The search sheet number(s) can be obtained from searching the RA in the LRS or from the address list in the RA folder.

1.11 Check the title workdesk notes and instructions and action/acknowledge or refer if necessary. 

1.11.1 Where separate tenement steading cadastral units/KIR titles have been created take on applications pertaining to those additional KIR titles. These additional KIR titles should be settled at the same time as the main RA KIR title. 

1.11.2 Where a TU application has been created to update an existing flat title sheet, take on TU application. The TU application should be checked/completed at the same time as the KIR title for the tenement steading that the flat is excepted from. 

1.12 Consider the style provided by the plans officer and check that it is suitable for the KIR title.

• If the KIR title comprises a RA under exception, the KIR subjects will usually be tinted on the cadastral map to avoid the use of exception references. Separate tints will be used for any common areas and areas subject to servitude rights etc.
• If a KIR title has been created for a tenement steading, the tenement steading cadastral unit is usually edged red on the cadastral map.

1.13 Consider and address any outstanding issues raised by the initial research area title investigation or plans officer. See Issues Raised by Title Examination - KIR (Public)

1.14 Check any deeds that have been highlighted by the initial research area title investigation and decide whether they should be included in the KIR title sheet. 

1.15 Check the research area for burdens deeds, other deeds that may affect the KIR title, and any other relevant information.

• Identify deeds that may require to be included in the KIR title sheet. 

1.16 Open Plan Viewer.

• Search the RA being registered
• View Titles and identify all registered properties within/partly within the RA being registered.

1.17 Examine the search sheet(s) to:

• Determine whether the subjects of search comprise the whole of/ part of the RA subjects or whether the RA subjects form part of the subjects of search.
• Identify each property transferred from the RA subjects.
  • If a separate tenement steading cadastral unit / KIR title has been created identify which properties have been transferred from that tenement steading / KIR title.
  • Identify which properties are now registered in the Land Register and which properties are still in the Sasine Register.
    • Use of the Plan Viewer will help with this.
  • Identify any transfer deeds registered/recorded after 28 November 2004 that may contain servitudes and/or real burdens affecting the KIR subjects.
    • Check transfer deeds and decide whether/how the servitudes/real burdens affect the KIR subjects and if the deed should be included in the KIR title sheet. 

• Take a note of any 4 in a block / tenement where every flat has been conveyed. 

• Identify any other deeds requiring consideration, e.g. deeds of servitude (following guidance at Issues Raised by Title Examination - KIR (Public), deeds of conditions, deeds of real burdens, minutes of waiver, leases, standard securities recorded within 40 years of the KIR registration date, etc.
  • Check deeds against the RA and identify any that are not referred to in the RA but may require to be included in the KIR title sheet. 

• Attempt to identify ownership of any non-addressable subjects (e.g. sub-station) that the plans officer has noted in the title N&I as being not traced.
  • It is not expected that a long time is spent on this search -  if the usual land register and sasine searches fail to disclose any record of any non-addressable subjects being transferred or leased then they should simply be included in the KIR title without any further investigation. 

• Identify any advance notices.
  
  

• Identify if any part of the subjects being registered are affected by the Long Leases (Scotland) Act 2012.
  • Guidance is available at Issues Raised by Title Examination - KIR (Public)
  • If the KIR title has been identified as being affected by the Act, then all of the legal settle process steps (i.e. Complete Proprietorship Section, Complete Securities Section and Complete Burdens Section should be followed, however particular attention should be paid to the further guidance set out for Editing of Burdens Entries - Conversion of Long Leases). 

Depending on the complexity of the search sheet, it may be necessary to examine the major area search sheet(s) of the RA. This is because some properties may have been conveyed prior to the RA search sheet being created. Any previous carry outs should be listed on the first page of the RA search sheet. 

As a useful check, an address search can be done on ScotLIS (both pre and post 1993) to check if any properties have been missed. It could be that some subjects have been transferred out from the wrong search sheet, or are on an older major area search sheet.