Examine Live Deeds - Complex Dealing

Process Steps

3.1 Check the description of the subjects in the deed(s) makes reference to the correct Title Number(s) affected.

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 Check if the deed(s) has been submitted for joint recording in the Books of C & S.

3.4 Check if the deed(s) validly creates new servitudes and check for completion of joint recording/dual registration in the Sasine Register or Land Register, as appropriate.

3.5 Check if the deed creates real burdens or if the servitude conditions are referred to as real burdens.

3.5.1  If CAT B deed creates real burdens refer to senior officer.

3.5.2 If CAT X1 deed creates real burdens check these have been validly created and check for completion of joint recording/dual registration in the Sasine or Land Register, as appropriate, or check that the deed or application form states the real burdens are created in terms of s.53 or are personal real burdens.

3.6 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.

3.7 Identify if the application is affected by the Long Leases (Scotland) Act 2012.

Check:

• if the application form or any correspondence contains a request to convert a tenant's right in a lease to ownership
• if the application contains any terminology that makes reference to the Long Leases (Scotland) Act 2012
• if the application is to register a disposition that relates to a title number in which the registered real right/interest in the title sheet is 'tenancy' or 'tenant'
• the application is to register a notice or agreement in terms of the Long Leases (Scotland) Act 2012 (this may also be indicated by examining the deed) 
   
   3.7.1 If the application is affected by the Long Leases (Scotland) Act 2012 the Legal Settle instructions for Complex DW's should be followed, however settlers should note the additional requirements for conversion of long leases as set out here Conversion of Tenant's Right to Ownership under the Long Leases (Scotland) Act 2012 - DW Settle.