Examine Live Deeds - FR Legal - Non RA

Process Steps

3.1 Identify the DIR and the breakaway deed.

3.2 Check each deed presented for registration to ensure that it is ex facie valid and execution is self-evidencing:

• Parties to deed must be designed
• Deed must include operative words in present tense
• Where appropriate deed must conform closely to statutory style or have minimum content
• Subjects must be adequately described
• Disposition or other deed with granter and grantee must not be by A to A in same capacity
• Deed must be signed/executed appropriately
• Any annexations or schedules should be incorporated into the registrable deed. 

3.3 Identify the rights and burdens deeds in the DIR/breakaway deed and check the details provided in the Servitudes and Burdens sections of the application form.

3.4 Check all the relevant rights and burdens deeds have been submitted or an appropriate explanation has been included on the application form (i.e. common deed examined previously by the Keeper).

3.4.1 If no appropriate explanation has been provided on the inventory or the additional information section of the application form then on completion of the initial examination steps the application should be rejected. However, prior to rejecting an application for this reason:

• check the CDI on LRS to find out if the deed has already been seen. If it has, the element note may indicate that the deed contains no subsisting burdens, in which case rejection is not required. 
• check to see if we hold a good quality copy of the deed on the Deed Search Tool.  If we do then rejection is not required.  

3.4.2 If an explanation has been provided that indicates the Keeper has examined the deed previously check if there is an appropriate entry for the deed on the CDI on LRS. If there is an appropriate entry, or the element note for the entry indicates that the deed contains no subsisting burdens, proceed as normal. If the entry on the CDI is not appropriate, or there is no entry on the CDI then , and we do not hold a good quality copy of the deed on the Deed Search Tool, then on completion of the initial examination steps the application should be rejected.

3.5 Check if the deed(s) has been sent to the Books of C & S for joint recording.

3.6 Check if the deed(s) validly creates new real burdens or servitudes and check for completion of joint recording/dual registration (if appropriate) or check that the deed or application form states the real burdens are created in terms of s.53.

3.7 If the deed (or the application form) indicate that the applicant has died or has been dissolved prior to the date of application refer to a senior officer.

3.8 Identify if the subjects being registered are affected by the Long Leases (Scotland) Act 2012.