Examine Live Deeds - TP Legal First Removal

Process Steps

Additional Information

3.1 Check the deed inducing registration contains a valid property description narrating the correct PT number(s) and the title number of any other affected plot.

3.2 Check each deed presented for registration to ensure that it is ex facie valid and execution is self-evidencing:

On completion of all the preceding initial examination steps the application should be rejected if registrable deed does not meet requirement to be ex facie valid and execution self-evidencing.

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

If applicable, do not proceed to settle the application until the deed(s) has been registered in the Books of C & S and the LR29 has been completed and returned. If the deed has not been accepted in the Books of C & S, follow appropriate rejection process.

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

3.4.1 If the deed is being dual registered against another title(s) settle all applications together if it is appropriate to do so.

If the deed is being recorded in the sasine register, do not proceed to settle the application until the deed(s) has been accepted in the sasine register and the L14 has been completed and returned together with the original deed. If the withdrawal reason on the L14 is no deduction in title, consider appropriate action. For all other rejection reasons, follow the appropriate rejection process.

3.5 Refer to guidance if the deed (or the application form) indicate that the applicant has died or has been dissolved prior to the date of application.

3.6 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'
  • if 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).

    3.6.1 If the application is affected by the Long Leases (Scotland) Act 2012 or is to be referred to a senior adviser for any reason, continue with the initial examination steps and follow the steps below to refer the application to a senior adviser.
    • Change the category to X4
    • Refer the application to a senior adviser and include details of the referral reason.


All the foregoing process steps should be undertaken before an application is rejected - full reasons for rejection should be provided in writing to the applicant.



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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