Initial Examination - FR Legal RA

Process Steps

Take on application and examine casebag

1.1 Take on the application on the LRS.

1.2 Check deeds enclosed correspond with the inventory (if completed).

1.2.1 On completion of all the legal examination steps if any of the deeds required to complete registration have not been submitted (with the exception of any deeds that are on the CDI or which have been previously examined as part of the RA or which we hold a good quality copy of on the Deed Search Tool), and if there is no further explanation on the application form as to why a deed has not been submitted, the application should be rejected.

1.3 Examine application for any correspondence and consider appropriate action and refer if necessary.

1.4 Open application workdesk.

1.5 Check for any additional applications.

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

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

1.6.1 If there is a note to indicate a deed has been recorded/presented between the certification date on the application form and the date of registration refer to the search sheet and confirm.

1.7 Open the title workdesk.

1.8 Check the title workdesk notes and instructions and action/acknowledge.

Examine the application form

2.1 Ensure that the form(s) submitted:

• match the information contained in the corresponding deeds.

2.2 Ensure that the form is correctly completed for the type of application submitted and consider the answers provided.

2.3 Check the email addresses on the application form(s) correspond with the application workdesk and amend the application workdesk if necessary.

2.4 Check the parties to the deed(s) have been correctly entered in the 'Details' field on the application workdesk and amend the application workdesk if necessary.

2.5 Check the application form against the DIR.

2.6 Check the answers to the servitudes questions on the application form against the DIR.

2.6.1 For the old style application form check the questions:

“Is the plot of ground to which this application relates the benefited subjects in relation to any servitude?”

“If yes, how was the servitude right created?”

“Where the plot of ground is the benefited subjects in relation to a servitude right(s) created in a deed(s) please specify the deed(s) (or provide the number of the deed on the inventory of deeds attached to this form) in which the right was constituted.”

2.6.1.1 If the servitudes section of the application form states that there are no servitudes, but the deed inducing registration contains reference to existing servitudes created in an earlier deed refer the application for possible rejection as the application form and the deed are contradictory.

2.6.1.2 If the servitudes section of the old style application form is blank, but the deed inducing registration contains reference to existing servitudes created in an earlier deed, the servitudes should be included in the title sheet.

2.6.1.3 The servitudes question does not apply to new servitudes being created in the deed inducing registration for the first time.

2.6.2 For the new style application form check the answers to the questions:

"Are there any servitude rights created in deeds which benefit the plot of ground that are not referred to or narrated in the deed to which this application relates (for example in a split-off/break-off deed)?"

"Are there any servitude rights referred to or narrated in the deed to which this application relates that no longer benefit the plot of ground?"

If the answers are 'Yes' ensure the boxes underneath contain sufficient information. If they do not, refer the application for possible rejection.

2.6.3 For the new style application form check the answer to the question:

"Have any servitude rights which benefit the plot of ground been created by prescription?"

If the answer is 'Yes' ensure sufficient information is provided to include the prescriptive servitude in the title sheet. If sufficient information is not provided, the application can proceed with the omission of the prescriptive servitude from the title sheet.

2.7 Check the burdens question answer on the application form against the DIR.

2.7.1 If the burdens section of the application form states that there are no burdens, but the deed inducing registration contains reference to burdens, check whether the property falls within a RA. If the property falls within a RA, complete registration following the RA instructions. If the property does not fall within a RA, the application should be rejected as the application form and the deed are contradictory and it is not clear how to proceed with registration.

2.7.2 If the burdens section of the application form is blank, but the deed inducing registration contains reference to existing burdens created in an earlier deed, the burdens should be included in the title sheet.

2.8 Check the application workdesk against the deed(s) and make any other necessary amendments to the application workdesk if necessary.

2.9 Check the answer to the question in the application form 'Is the granter of the deed the last recorded/registered proprietor'.

2.9.1 If the answer to the question is 'no' and the answer to the question 'is the disposition to be treated as valid by virtue of s.43(1)(prescriptive claimants) is 'no', and the closing note officer has not identified any deeds recorded/presented between the certification date on the application form and the date of registration, proceed to register as normal. By signing the application form the agent is certifying the relevant links in title are in place and the granter has the legal right to grant the deed. 

2.9.2 If the answer to the question is 'no' and the answer to the question "is the disposition to be treated as valid by virtue of s.43(1)(prescriptive claimants)" is 'yes' re-categorise the case and refer to a senior caseworker to be settled in accordance with the Prescriptive Claimant provisions.

2.9.3 If the answer to the question is 'yes' and the closing note officer has not identified any deeds recorded/presented between the certification date on the application form and the date of registration, proceed to register as normal. By signing the application form the agent is certifying the granter has the legal right to grant the deed.

2.9.4 If the application is to register a grant of lease or there is included an additional application to register a standalone deed of servitude refer to guidance on deeds that must be granted by registered/recorded proprietor.

2.9.5 If the closing note officer has identified any deeds recorded/presented between the certification date on the application form and the date of registration further checks will be completed as part of the registration process.