Initial Examination - TP Legal First Removal
Process Steps
Additional Information
Take on application and examine casebag
1.1 Take on the TP application and any pending DW applications over the PT on LRS. (Registration support will locate the parent title folder if it exists).
1.1.1 If there is more than one DW:
- Identify all of the DWs that can be settled
- Check/print any notes and instructions for each DW application to be settled before attaching on LRS
- Attach DW(s) to the earliest application.
- Use the earliest application to complete parent title update and ensure the correct title version of the title sheet is used.
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, and if there is no further explanation on the application form as to why a deed has not been submitted and we do not hold a good quality copy of that deed on the Deed Search Tool, then the application should be rejected.
1.3 Examine application for any correspondence and consider appropriate action.
1.4 Open application workdesk.
1.5 Check for any additional applications.
1.5.1 On completion of the initial examination and deed examination steps request any additional applications from support and attach on receipt if it is appropriate to do so.
Care should be taken when attaching casework. Always ensure the lead application contains the title version you need to work on. If this is not done, it can have serious implications, raising the risk of claims being made against RoS - over-writing titles.
1.6 Complete a title search of the Parent Title (PT), arrange in date order and identify any unregistered DW(s) and TP(s) over the PT.
1.6.1 Consider how DW affects TP/PT and on completion of the initial examination and deed examination steps request from support and settle if it is appropriate to do so. If there is more than one DW:
- Identify all of the DWs that can be settled
- Check/print any notes and instructions for each DW application to be settled before attaching on LRS
- Attach DW(s) to the earliest application.
- Use the earliest application to complete parent title update and ensure the correct title version of the title sheet is used.
1.6.2 Check if any TP(s) with a date of registration prior to the date of registration of the TP under examination are still pending. These must be completed prior to completing the TP under examination.
It is essential that you check the application record for other TPs or DWs over the PT as there can be serious consequences if applications are not completed in date order. Applications must always be completed in date order.
1.7 Check application workdesk notes and instructions and consider necessary action or acknowledge.
1.8 Open the title workdesk.
1.9 Check any title workdesk notes and instructions and consider necessary action or acknowledge.
Examine the application form
2.1 Ensure that the form(s) submitted is signed, and matches the information contained in the corresponding deeds.
2.2 Ensure that the form is correctly completed for the type of deed submitted and consider the answers provided.
Not signed
If the application form is not signed, then once the other steps in initial examination are completed, the application must be rejected.
Major Discrepancies
If any discrepancies between the application form and the registrable deed are such that the application form does not appear to relate to the registrable deed, then once the other steps in initial examination are completed, the application must be rejected.
Incorrect completion of form
If the form is not correctly completed for the registrable deed being submitted, or a question or questions are partially completed, then once the other steps in initial examination are completed, the application should be rejected.
2.3 Check the application form against the deed(s).
2.4 Check the application workdesk against the deed(s) and make any other necessary amendments to the application workdesk if necessary.
- Deed code(s) - note that only the deed types available in the picklist should be used
- Creditor code (if necessary)
- Granter/grantee name(s) in
(1) the Applcnts/Grntrs field and
(2) the Deeds details field - note that both "[first named party] and anr" or "[first named party] & anr" are acceptable where there are two granters or grantees
- Designation
- Consideration
- Date of entry
- Property type
- Property address
- Agent FAS and agent reference
- email address(es) of parties to be notified in relation to the specific deed (use only the details provided in the notification details section of the application form)
- UID number(s)
- Priority
- Category of the case
- Application workdesk N&I
- Spelling errors.
2.5 Check the email addresses on the application form(s) correspond with the application workdesk and amend the application workdesk if necessary.
2.6 Check the parties to the deed(s) have been correctly entered in the standardised format in the Details field on the application workdesk and amend the application workdesk if necessary.
The email address(es) and the details of the parties must be entered correctly and in the standardised format as this information is imported into the notification handling system.
Next: Examine Live Deeds
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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