Check Applicant - First Registration

General

In terms of section 23(1)(a), it is a condition of registration of a disposition or notice of title submitted as the basis for first registration that the application for registration must be made by the same person (the same individual or the same non-natural person) who is the grantee of the disposition or the person in whose favour the notice of title etc, is drawn. See the examples below for acceptable variations for example where a company or other non-natural person has changed its name - the person making the application is the same legal person, despite the change of name.

The registration officer should check that the applicant named in the application form is the grantee specified in the disposition or the person in whose favour the notice of title is drawn. See Notice of Title - Example Deeds for some example deeds and entries.

In terms of section 46, the reference in section 23 to a disposition also includes a general vesting declaration, or a notarial instrument or schedule A conveyance following compulsory acquisition procedures. A contract of excambion operates as a disposition where parties both dispone and receive land and is treated as two or more dispositions.

Useful links

Applicant's Death or Dissolution Prior to Application

Application for Registration - Part A - Discrepancies

Requirements of Registrable Deeds

Be aware that Executors of a deceased person can not apply for registration of a deed in favour of the deceased person - see Applicant's Death or Dissolution prior to Application.

Examples

Acceptable example of difference - grantee is incapax - guardian or authorised person acting

Grantee in deed is the incapax.

Applicant on application form may be shown as either the incapax or the guardian or authorised person on their behalf.

Entry in proprietorship section should reflect terms of registrable deed.x

Acceptable example - limited company has changed name after delivery of registrable deed

Grantee of a disposition or person in whose favour notice of title is drafted is a limited company in an old name, e.g. AB (Scotland) Limited.

Application is made in the name of Automotive Buyers (Scotland) Limited.

Where this is a result of a change of company name subsequent to the deed being completed, the application form or an accompanying letter should explain that there has been a change of name.

If the application does not do so, then the application should be rejected as it breaches the condition of registration in section 23(1)(a).

Acceptable example of difference - applicant acting on behalf of disponee

This can be broken down into two scenarios:

Applicant is stated to be disponee's attorney acting under power of attorney.
Where disponee is His Majesty, then application can be made by the Crown Estates Commissioners, but see Crown Estate Commissioners, Crown Estate Scotland (Interim Management) and Crown Estate Scotland. The Crown Estate Commissioners have power to manage the Crown Estate - the assets of the monarch which are considered Crown property and not His Majesty's personal property. His Majesty does not manage such property or transact personally with it.

In both examples, the entry in the proprietorship section of the title sheet should reflect the terms of the registrable deed as regards the disponee.

Unacceptable example - disposition/notice of title (submitted as first registration) in favour of A and B - applicant is only A

Grantees in the disposition, or persons benefiting from notice of title, are A and B.

Applicants for registration on the form should be both A and B.

Application by A alone is not acceptable - this is a breach of the condition of registration at section 23(1)(a). B may be deceased but the application for registration of the disposition must be rejected and then disposition redrawn and resubmitted with application by A alone or by A and B's executors. It is also the case even though there may be a survivorship in the disposition for which registration is sought - A cannot apply for registration of the disposition alone where it is drawn to A and B and the survivor of them.

Section 23(1)(a) does not apply to applications that accompany first registration applications, such as an application to register a standard security that accompanies a first registration disposition. The standard security is effectively a deed over a registered plot application (even where submitted on a first registration form), and is governed by section 26 rather than section 23. Section 26 contains no condition of registration equivalent to section 23(1)(a), therefore the applicant named in the application form may be different to the grantee specified in the standard security. This in itself is not a reason for rejection of the standard security application, provided the information on the form is generally consistent with the terms of the deed.

Guidance

If the application for registration of a deed affecting an unregistered plot of land appears to be made by a person who is not the grantee in the disposition, statutory conveyance or general vesting declaration or the person in whose favour the notice of title is drawn, and it does not fall within the acceptable variations, refer the application to your referral officer as the application may require to be rejected, as it has not been made by the appropriate person as required by section 23(1)(a). 

If the application may fall within the acceptable variation for a limited company, but the evidence provided suggests that the change of name did not occur between the delivery of the deed (usually the date of entry) and the submission of the application, or no evidence is provided to explain the difference, refer the application to your referral officer as the application may require to be rejected. The registrable deed may not be valid as it is in favour of a non-natural person who does not exist in that name. If the application confirms that a change of name did occur after delivery of the deed, then the registration may proceed, but the registered proprietor should be shown as the company in its new name (no transfer occurs on a mere change of name). 