Application for Registration - Part B

If a plans pre-registration report has been issued by the Keeper in connection with this application please quote the report number.

Has all or any part of the plot of ground been delineated on the cadastral map? Yes or No

If yes, please provide the cadastral unit number or title number of which it forms part.

If the extent of the plot has been delineated on the cadastral map as part of an advance notice please provide the advance notice number.

Do the deeds submitted in support of this application include a plan or full bounding description identifying the extent of the plot to be registered? Yes or No

If yes, please provide the details of the deed or deed inventory number

Automatic plot registration

Voluntary registration

Deed affecting part of a registered plot

It is not mandatory for this series of questions to be completed and so failure to complete this part of the form, in whole or in part, is not in itself a rejection matter.

If a cadastral unit number is not supplied, the application may still be accepted if it meets the conditions for registration. If the deed relates to a registered plot, the registrable deed must narrate the title number(s) to which it relates.

If the Keeper cannot identify the plot for which registration is sought on the cadastral map, the application may require to be rejected under the conditions of registration at either section 23(1)(c) (transfer of unregistered plot), section 25(1)(b) (automatic plot registration) or section 26(1)(d) (transfer of part of a registered plot or deed affecting part of a registered plot), notwithstanding the answers or lack of answers to these questions.

If yes, has the area of ground been included in any registered title(s) Yes or No

Please ensure the deed narrates the title number(s) for the area(s) of ground and the title number(s) are included in this form

Automatic plot registration

Voluntary registration

Deed affecting part of a registered plot

It is not mandatory for this series of questions to be completed and so failure to complete this part of the form in whole or in part, or to provide an incorrect answer, is not in itself a rejection matter.

The question is designed to identify if additional cadastral units and title sheets are needed for areas of land owned in common with other persons.

If details are not provided in the application in response to the questions, it may still be accepted by the Keeper if it meets the general application conditions and the conditions of registration.

Is the validity of the deed to which this application relates capable of being affected by an entry in the Register of Inhibitions and Adjudications? Yes or No

If yes, has a search of the RoI been carried out on the granter of the deed and any party whose right has vested in the granter by virtue of any unregistered mid-couple or link in title? Yes or No

If yes, please provide the date to which the search was certified.

Did the search disclose an entry in the RoI which might affect the validity of the deed to which this application relates? Yes or No

If yes, please provide details.

Automatic plot registration

Transfer affecting part of a registered plot

Deed affecting whole of registered plot (but not where registrable deed is Notice of potential liability, HASSASSAA charging order, GVD, CPO, or discharge/deed of restriction by major lender, local authority, government body or agency)

Deed affecting part of registered plot

It is not mandatory for this series of questions to be completed, and so failure to complete this part of the form in whole or in part, or to provide an incorrect answer, is not in itself a rejection matter. However, see below if the applicant indicates that there are an adverse entry but does not supply details of the adverse entry.

If the first part of this series of related questions ("is the validity of the deed...?") is unanswered, then the registration officer should treat this as having been answered 'No' and carry out a 5-year ROI search depending upon the registrable deed.

If a search was undertaken, then the applicant should insert the date to which the search was certified, and answer the final part of the question 'Does the Search disclose an entry...', adding details of any adverse entry if answered 'Yes'. If no details of the adverse entry are specified, then, once the legal registration officer has carried out an ROI search, if required for the registrable deed type, a requisition will be raised by the legal registration officer to identify the terms of the ROI entry to which the applicant has referred, assess whether it has been discharged in the intervening time and if necessary make an entry on the title sheet. If no response is made to the requisition then, the failure to supply the adverse entry information is also a breach of the general application condition at section 22(1)(a) which provides that the application is such that the Keeper is able to comply in respect of it with such duties as the Keeper has (see ROI Summary). The Keeper is under a duty in terms of section 10(2)(c) and section 32 to make an entry in a title sheet disclosing the details for any entry in the ROI which might affect the validity of the deed to which the application relates (subject to an exception for a type of notice of litigiosity). The applicant has advised on the application form that there is such an ROI entry but has failed to supply the information required for the Keeper to fulfil the legal duty in the completion of the title sheet.

Is the transaction to which the application relates a notifiable transaction in terms of section 30 of the Land and Buildings Transaction Tax (Scotland) Act 2013? Yes or No

If yes, has a land transaction return been made, and have arrangements satisfactory to the tax authority been made for the payment of any tax payable in respect of the transaction? Yes or No

This series of questions will only be applicable where an application is received on or after 1 April 2015 and is affected by LBTT. (SDLT may nonetheless continue to apply to transactions where they completed before 1 April 2015). See LBTT.

Has there been any limitation or restriction on the examination of title? Yes or No

If yes, please provide details in the further information field.

First registration

Automatic plot registration

Voluntary registration

Deed affecting part of registered plot (but not for a Notice of potential liability for costs)

Deed affecting whole of registered plot (but not for a Notice of potential liability for costs or charging order which is not HASSASSAA)

This section must be answered in the specified application types. If the question "Has there been any limitation or restriction on the examination of title" is unanswered, in an application type for which it is a requirement, the application should be rejected as the applicant has failed to complete the statutory application form: this is a breach of the general application condition in section 22(1)(d).

A 'Yes' answer to that question does not result in an immediate rejection, for example at Intake. Rather the application may be taken onto the application record (assuming that the registrable deed and application otherwise appears to meet the general application conditions and the conditions of registration), but a referral should be made by the registration officer to a senior caseworker to consider the information provided about the nature of the examination which was carried out and whether rejection or a limitation or exclusion of warranty would be appropriate.

Is the granter of the deed the last recorded/registered proprietor? Yes or No

By signing this application form you are certifying to the Keeper that appropriate links in title are in place and that the granter has the legal right to grant the deed.

If no, and the deed is a disposition, is the disposition to be treated as valid by virtue of section 43(1) (prescriptive claimants)? Yes or No

First registration

Automatic plot registration

Voluntary registration

Deed affecting part of registered plot (but not a Notice of potential liability for costs)

Deed affecting whole of registered plot (but not a Notice of potential liability for costs or charging order)

This question  regarding the last recorded or registered proprietor is being removed from the new form.  If an Application is being submitted on the old application form, and this question is not answered or is answered incorrectly, the application should still be processed.   During the transitional period we can still use this question to inform any registration decisions we might make (particularly around situations which involve competing deeds submitted within AN protected periods), but we should not reject for non-completion or incorrect completion of this question (we can rely on the declaration at the end of the form to cover this).

Where the settler has concerns regarding the Granter of the Deed not being the party with a registered title, the case can be referred to a Referral Officer and if necessary a senior adviser. 

Where the Prescriptive Claimant question is answered 'Yes' the application should be created and referred to a senior case worker to examine if sufficient evidence has been provided in terms of Section 43 of the 2012 Act. 

Has there been any limitation or restriction on the examination of title?

If yes, please provide details in the further information field.

Does the application relate to a prescriptive claimant?

First registration

Automatic plot registration

Voluntary registration

Is the plot of ground to which this application relates the benefited subjects in relation to any servitude? Yes or No

If yes, how was the servitude right created? - XXXX in a deed or XXX by prescription

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.

Where the servitude right has been constituted by prescription under the Prescription and Limitation (Scotland) Act 1973 the application must include the particulars of the servitude and include a plan or a description sufficient to enable the Keeper to delineate the extent of the servitude on the cadastral map.

First registration

Automatic plot registration

Voluntary registration

The series of questions (Is the plot of ground to which this application relates...") should appear on the form for the specified application types. It only applies to servitudes which are already constituted and not servitudes which it is intended the registration of the application will create; dual registration requirements apply.

If the initial question ("is the plot of ground to which this application.....") is answered 'Yes' then the second part of the question should also be answered.

Where the question "if yes how was the servitude right created" is answered "in a deed", but the deeds specified as creating the servitudes have not been submitted and no explanation provided, then the application will be rejected at Intake. There is a referral process at Intake where the officer is in doubt.

Where the question "Is the plot of ground to which this application relates...." is answered 'No', the application is referred and the referral officer considers the DIR and any breakaway referred to for servitudes. If the answer on the form is contradictory to the content of the application, the application is rejected, because it is in breach of the general application condition in section 22(1(a) (Keeper able to comply with duties in completing title sheet).

(If the question is unanswered, then the application can be taken on at Intake; at plans and legal settle, the officers will follow the deed inducing registration/registration deed in determining what servitudes require to be disclosed in the title sheet.)

The foregoing concerns processes at Intake. The User Guides for first registrations contain further steps regarding issues arising with the servitudes question on the application form. Rejection is required if the deeds required to complete registration process are in neither the application nor in the CDI or an RA. Where rejection has been delayed, a referral should be made to a team leader or referral officer who may consider options for proceeding.

The new forms have been introduced to try and reduce rejections in regard to the questions relating to servitudes.  During the transitional period where the old forms are still accepted, if there is any doubt regarding rejections in regard to these questions on the old form, please refer the case to a Referral point and if necessary a senior adviser.    

Q1 Unless otherwise indicated, the keeper will automatically include in the title sheet, all servitude rights which benefit the plot of ground, as referenced or narrated in the deed to which this application relates.

For Voluntary Registrations

For Voluntary Registrations where there are servitude rights benefiting the plot, please answer ‘Yes’ to the first question and provide details in the space below.

If all of the servitudes still affect, answer ‘No’ to the second question.

If some of these no longer affect, answer ‘Yes’ to the second question and provide details of these.

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)? Yes / No

If yes, please provide details of these deeds (or provide the number of the deed in the deed inventory attached to this form) in the space below.

Q2) 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? Yes / No

If yes, please provide details of which servitude right(s) no longer benefits the plot of ground in the space below.

Q3) Have any servitude rights which benefit the plot of ground been created by prescription?

If yes, please provide details of the prescriptive servitudes in the space below

First registration

Automatic plot registration

Voluntary registration

General Guidance

The general presumption with regard to these questions in the new form is that the Keeper will, in the absence of any further information, assume that the servitudes narrated or referred to in the DIR are those which are to be included in the title sheet. There may be occasions where the applicant informs us there are servitudes but provides us with insufficient information to include them in the Title sheet and the application is to then be rejected, but generally, unless something in the application form indicates otherwise, we should proceed on the basis of the servitudes referred to in the deed,

Q1 - 

If the Agent answers 'No' then only the servitudes referred to in the deed to which the application relates should be entered in the Title sheet.

If the Agent has answers 'Yes' but does not indicate the deeds that narrate the servitude rights the Application should be rejected as the Keeper has insufficient information to complete the Title Sheet.  

If the Applicant provides us with details of deeds that have not been submitted with the Application, the presumption should be made that the Keeper has had sight of these deeds and the application should be progressed.

If the Applicant provides us with incomplete details of a deed such as 'Disposition ifo John Smith' then the application should be taken on at Intake.  The Search Sheet should be checked at the settle stage to see if the deed can reasonably be identified.  If it can the details should be included.  If the deed cannot be identified the Application should be rejected on the basis we have insufficient information to complete the title sheet.

Where the Agent provides us with a Title Number rather than reference to a specific deed the application should be taken on and the legal settler should decide if it is possible to identify the servitudes from the information provided.  This decision should be taken in conjunction with a referral officer and if necessary a senior adviser. 

In the rare case of the question being unanswered (which can only happen with the pdf form), then the application can be taken on at Intake; at plans and legal settle, the officers will follow the deed inducing registration/registration deed in determining what servitudes require to be disclosed in the title sheet

Q2 - 

If the Agent answers 'No' then only the servitudes referred to in the deed to which the application relates should be entered in the Title sheet.

 If the Agent answers 'Yes' but does not indicate the deeds that narrate the servitude rights the Application should be rejected as the Keeper has insufficient information to complete the Title Sheet.  

If the Applicant provides us with details of deeds that have not been submitted with the Application, the presumption should be made that the Keeper has had sight of these deeds and the application should be progressed at the Intake Stage.

If the Applicant provides us with incomplete details of a deed such as 'Disposition ifo John Smith' then the application should be taken on at Intake.  The Search Sheet should be checked at the settle stage to see if the deed can reasonably be identified.  If it can the details should be included.  If the deed cannot be identified the Application should be rejected on the basis we have insufficient information to complete the title sheet.

In the rare case of the question being unanswered (which can only happen with the pdf form), then the application can be taken on at Intake; at plans and legal settle, the officers will follow the deed inducing registration/registration deed in determining what servitudes require to be disclosed in the title sheet

Q3) 

If the answer to the question is Yes, such as a servitude right of way, it will require a reference on the cadastral map, and the application must include a plan that shows the extent of the servitude. The plan must be of a sufficient standard to allow us to delineate the extent of the servitude on the cadastral map.

If the information provided fails to meet the criteria for the servitude to be included in the Title Sheet, the Application should be processed without reference to the Prescriptive Servitude. 

If the Agent answers 'No' to this question, but includes details of a prescriptive servitude elsewhere in the Application, it cannot be shown in the Title Sheet as we do not have the Agent's certification. 

Has a search been carried out in the General Register of Sasines to determine if there are any outstanding heritable securities affecting the plot of land? Yes or No

Is this search certified to the same date as the search of the RoI? Yes or No

If no, please provide the date to which the last search was certified.

Where the plot of ground is affected by an outstanding heritable security please specify the details of the security or the deed inventory number.

First registration (but not where DIR is GVD)

Automatic plot registration

Voluntary registration

The first question requires to be completed in the specified application types. If it is unanswered, in the application types for which it is a requirement, then the application should be treated as if the initial question has been answered 'No' and the legal registration officer will carry out a 40-year search of the Register of Sasines.

Is the plot of ground to which this application relates subject to any encumbrance within the meaning of section 9 (e.g. as long lease, long sub-lease, public right of way, path order, tree preservation order or any other encumbrance the inclusion of which in the register is permitted or required, expressly or impliedly, by an enactment)? Yes or No

If yes, please provide details.

First registration (but not where DIR is GVD)

Automatic plot registration

Voluntary registration

The initial part of this series of questions should appear on the application form in the specified application types. The question does not apply to burdens being created in the deed being submitted for registration.

If it is answered 'Yes', then the second part should also be completed with details of the relevant deed(s) or where a deed did not create the encumbrance in question (e.g. a public right of way can be created without a deed), details of the encumbrance. If burdens deeds stated to apply are not submitted then, at Intake, the application is referred to a referral officer who assesses whether the property is in a Research Area. If the property is not in a research area and we do not hold good quality copies of the deeds on the Deed Search Tool, then the application will be rejected. If the property is in a research area or we hold good quality copies of the deeds on the Deed Search Tool then the application will be created in the application record.

If it is answered No then the intake officer will refer the case to the referral officer who will review the deed inducing registration to identify whether prior deeds are referred to for burdens. If no deeds are referred to then the application can be created in the application record. If the DIR does refer to prior burdens deeds then the referral officer will check whether the property is in a Research Area. If the property is in a Research Area, then the application can be created in the application record.

(If the question is unanswered, then the application can be taken on at Intake; at plans and legal settle, the officers will follow the DIR/registration deed in determining what encumbrances require to be disclosed in the title sheet.)

The foregoing concerns processes at Intake. The User Guides for first registrations contain further steps regarding issues arising with the burdens question on the application form. Rejection is required if the deed inducing registration makes reference to burdens writs, those deeds required to complete registration process are in neither the application nor in an RA or the CDI and we do not hold good quality copies of the deeds on the Deed Search Tool. However, where rejection has been delayed, a referral should be made to a team leader or referral officer who may consider options for proceeding.

Unless otherwise indicated, the keeper will automatically include in the title sheet all encumbrances within the meaning of section 9, as referenced or narrated in the deed to which this application relates.

For Voluntary Registrations

For Voluntary Registrations where there are encumbrances affecting the plot, please answer ‘Yes’ to the first question and provide details in the space below.

If all of the encumbrances still affect, answer ‘No’ to the second question.

If some of these no longer affect, answer ‘Yes’ to the second question and provide details of these.

Q1) Are there any encumbrances that are not referred to or narrated in the deed to which the application relates (for example in a split-off-break-off deed)? Yes / No

If yes, please provide details of the encumbrance(s) in the space below.

Q2) Are there any encumbrances referred to or narrated in the deed to which this application relates that no longer affect?

If yes, please provide details of the encumbrance(s) that no longer affect in the space below.

First registration

Automatic plot registration

Voluntary registration

General Guidance

The general presumption with regard to these questions in the new form is that the Keeper will, in the absence of any further information, assume that the burdens narrated or referred to in the DIR are those which are to be included in the title sheet. There may be occasions where the applicant informs us there are burdens but provides us with insufficient information to include them in the Title sheet and the application is to then to be rejected, but generally unless something in the application form indicates otherwise, we should proceed on the basis of the burdens referred to in the deed,

Q1) 

If the Agent answers 'No' then only the burdens referred to in the deed to which the application relates should be entered in the Title sheet.  Unless the subjects are in a Research Area in which case the burdens from that Research area should be imported.

If the Agent has answered 'Yes' but does not indicate the deeds that narrate the burdens the Application should be rejected as the Keeper has insufficient information to complete the Title Sheet.   Unless it is in a Research Area in which case the burdens should be imported in line with the Research Area instructions.

If the Applicant provides us with details of deeds that have not been submitted with the Application, the presumption should be made that the Keeper has had sight of these deeds and the application should be progressed.

If the Applicant provides us with incomplete details of a deed such as 'Disposition ifo John Smith' then the application should be taken on at Intake.  The Search Sheet and other resources should be checked at the settle stage to see if the deed can reasonably be identified.  If it can the details should be included.  If the deed cannot be identified the Application should be rejected on the basis we have insufficient information to complete the title sheet.

Where the Agent provides us with a Title Number rather than reference to a specific deed the application should be taken on and the legal settler should decide if it is possible to identify the burdens from the information provided.  this decision should be taken in conjunction with a referral officer and if necessary a senior adviser. 

In the rare case of the question being unanswered (which can only happen with the pdf form), then the application can be taken on at Intake; at plans and legal settle, the officers will follow the deed inducing registration/registration deed in determining what burdens require to be disclosed in the title sheet.  If this is not clear the Application should be rejected.

Are you applying for an extension of warranty under section 75(1)? Yes or No

If yes, please indicate the relevant subsection of section 73(2) in respect of which you are applying.

Evidence in line with the Keeper's published guidance must be included with the application or the application will be rejected.

First registration

Automatic plot registration

Voluntary registration

Deed affecting part of registered plot (except discharge of security, notice of potential liability, deed of conditions, deed of real burdens, deed of servitude

Deed affecting whole of registered plot (except Notice of potential liability and charging orders including HASSASSAA)

The initial part of this series requires to be completed in the specified application types. If it is unanswered, in the application types for which it is a requirement, the registration officer should treat the application as if this question had been answered 'No'.

This section is not mandatory. In general terms, any information of which the applicant is aware that may have an effect on the accuracy of the register should be disclosed here. For example, an applicant might advise that a real burden disclosed from the title deeds submitted with the application no longer subsists.

Agents have been asked to include details of plans digital data, which they may be submitting as part of their application, in this field. This is most likely with voluntary registration applications, but could also apply to first registrations.

Application to register deeds

I/We apply for registration of the deed identified in Part A of this form and certify that this application complies with the general application conditions in section 22, and the particular applicable conditions mentioned in section 21(2).

Where the certification above is made in relation to an application to register a deed, the validity of which is dependent on the registration of a related deed, please provide details of the related deed.

First registration

Automatic plot registration

Deed affecting whole of registered plot

Transfer affecting part of registered plot

Deed affecting part of registered plot

This form of declaration should appear on the application form for any application for registration of a deed.

Application for voluntary registration

I /We apply for the registration of an unregistered plot of land.

I/We certify that this application complies with the requirements of sections 27 and 28.

This form of declaration should appear on the application form for any application for voluntary registration.

Please indicate the primary use of the plot of land:

Residential

Commercial

Land Only

Agricultural

Forestry

Other

Not mandatory - the information supplied is used for statistical purposes only and is not a requirement for registration to proceed. However, the answer provided must be entered into the application workdesk in LRS; this information is used for statistical and other purposes. Care should be taken to complete this accurately in accordance with the information supplied - however if it is clear to the registration officer that property labelled as residential on the application form has a commercial element, it can be recorded as commercial property in the LRS property type field in the application workdesk - a prime example would be a licensed pub premises with a flat above - this is properly recorded as commercial.