Prescriptive Claimants - Sift Instructions

When ownership of land is unknown, or when the original owner has abandoned ownership, the prescriptive claimant process allows a new owner to take title to the land. The prescriptive claimant process is set out in the RoS website as part of the Knowledge Base guidance. The evidence which the keeper requires to support a prescriptive claimant application is very precise, so there are certain documents that you should always see in the supporting documents as part of a prescriptive claimant application.

Prescriptive claimant applications will often be referred to as a non domino dispositions.

Note there are two prescriptive claimant characteristics in JIRA. The one you should use is “Prescriptive Claimant for SAS Check”

How will I recognise a prescriptive claimant application?

1. The application should include at least one affidavit among the supporting documents. The affidavit will normally give an account of how the applicant has possessed/used/occupied the land before submitting the application. The affidavit must cover a period of at least one year. Frequently it will cover a much longer period.
2. Further Information section of the application form might refer to application being a non domino or prescriptive claimant.
3. The agent will often enclose a covering letter which refers to the application as a non domino or prescriptive claimant.
4. Check the warrandice clause in the disposition. This will be limited or restricted in some way. The disposition might be granted with simple warrandice, it might be granted with no warrandice, or it might even state that warrandice is expressly excluded.

The following should be in the application, but are sometimes omitted:

1. Check the Title Information section on the application form. Question 2 (“Does the application relate to a prescriptive claimant application?”) should be answered Yes.
2. The application should include a Section 43 Notification among the supporting documents. This notification confirms that the applicant has made reasonable attempts to identify the true owner, and to inform them that they intend to submit a prescriptive claimant application.

What else do I need to know?

• Occasionally you might encounter an application which has already been through the Senior Adviser check. If this is the case, please use the “Prescriptive Claimant Resolved” characteristic. But if you are in any doubt, always use “Prescriptive Claimant for SAS Check”.
• On occasion, you may see an a non domino application where the solicitor has not followed the correct prescriptive claimant process. If so, some of the above evidence may be missing – this usually applies to Points 5 and 6. This makes no difference at sift stage.