When to Attach Subsequent Applications to a Standard FR or TP

General

Most applications received by the Keeper are single, stand-alone applications that can be completed without the need to process another application at the same time. However, if a subsequent application (for example, a DW application to register a discharge of a standard security) is received by RoS before the initial application is processed and completed, it is often appropriate to process the two applications together. This will result in the Land Register reflecting the most up-to-date version position for the title sheet, and may also make the registration process more efficient for RoS. Occasionally though, even if a subsequent application is received before the initial application is completed, the complexity of the subsequent application(s) means it will be best to complete the initial application as a stand-alone application with the subsequent application(s) being completed at a later date.


Examples

Subsequent applications that require to be attached
  1. A single subsequent DW application exists and that application falls in a standard category

  2. Multiple subsequent DW applications exist and they all fall in a standard category

  3. Single same date TA application exists

  4. Multiple same date TA applications exist

  5. A single subsequent TA application exists, with the same title number as the pending TP

  6. Multiple subsequent TA applications exist, with the same title number as the pending TP

For example:

    • Discharge of standard security affecting the whole property
    • Standard security affecting the whole property
    • Disposition of whole of the property
    • Variation of standard security affecting the whole property
    • Notice of potential liability of costs
Subsequent applications that should not be attached
  1. A single subsequent TP application exists

  2. Multiple subsequent TP applications exist

  3. A subsequent DW application exists however that DW is of even date with a related application affecting another property

  4. A subsequent DW application that postdates any related application that itself should not be attached

  

For example:

    • Disposition of part of the property
    • Lease of the whole of the property
    • Disposition of part of an adjoining registered property that is being added to the property undergoing registration
    • Disposition creating real burdens over the property undergoing registration and another registered property
Situations where subsequent applications exist and further consideration is needed before attaching them
  1. A single subsequent DW application exists and that application falls in a non-standard category

  2. Multiple subsequent DW applications exist and one or more of them fall in a non-standard category

  3. A single subsequent FA application exists

  4. Multiple subsequent FA applications exist

  5. Multiple mixed-type subsequent applications exist

For example:

    • Disposition of part of an adjoining unregistered property that is being added to the property undergoing registration
    • Standard security affecting part of the property
    • Deed of restriction 
    • Deed of conditions


Guidance

If a subsequent application exists that should be attached to the initial application, request it from centralised support, attach the application and proceed with the registration process.

Guidance

If a subsequent application exists that should not be attached to the initial application, it should not be requested from centralised support. Proceed with registration of the initial application.

Guidance

If a subsequent application exists that requires further consideration, request it from centralised support and refer to a referral officer to consider whether it is appropriate to attach it.


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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