Examine Contents of Casebag - TP Plans - First Removal

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Dec 15, 2015
2 min read

Process Steps

Additional Information

Determine if contents of casebag are acceptable

 

2.1 Ensure the deeds enclosed correspond with the inventory (if completed).

  • If a deed that is ticked as submitted by Intake is not in the case bag, refer to your team leader to instigate a search for the missing deed.

 

2.2 Identify and examine the deed inducing registration (DIR) of the lead application and all other applications of a similar style of TP (this can be done through BoPs if necessary).

 DIR

The deed inducing registration is the deed that has been presented for registration. This will be the deed referred to on the registration form.

 

2.3 Identify the deed for extent. This will either be:

  • the DIR, or
  • very rarely in TPs, a previously recorded deed (or deeds) that defines the extent of the property to be registered.

2.3.1 The deed for extent can be identified by:

    • reading the DIR, and
    • checking Part B of the Application for Registration form to see if the question "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?" has been answered. If the answer is Yes, details of the deed, or deeds, for extent should have been provided on the form.

2.3.2 If the deed for extent is not the DIR, check it has been submitted.

 

2.4 Does the deed for extent contain an acceptable plan or a full bounding description?

2.4.1  Where no plan is attached to the deed for extent, check if the deed for extent, DIR or the Application for Registration narrates a Development Plan Approval (DPA) number.  Take a note of the DPA number.

2.4.2 If the deed for extent does not meet these criteria and there is no DPA approval, the application should be rejected.

 

2.5 Does the deed for extent (or DPA) fully define all areas of exclusive ownership?

  • If the deed for extent does not meet this criteria, the application should be rejected.
  • Please note, a separate check of the areas in common ownership is made at stage 4 of the plans settle process - Check for Common Areas & Shared Plots.

 

2.6 Do references in the text of the deed for extent correspond with details on the plan? 

  • If there is a plans reference in the text of the deed for extent that is not clearly shown on the deed plan, the application should be rejected.
  • If there is a plans reference on the deed plan that is not referred to in the text of the deed for extent, the reference on the plan can be ignored and the application should not be rejected.

 

2.7 If an attached dealing is included along with the case, check contents to see if there is an additional deed plan that affects the property to be registered.

  • Check the deed plan in the attached dealing is an acceptable plan for registration or refers to the same DPA number.

2.8 Examine plans to any Standard Securities or Deeds of Restriction to ensure plans are co-extensive with the property being registered.

  • If they are not co-extensive, take a note of this as a plans reference will have to be provided on the cadastral map.

 

 

 

Next: Prepare for Mapping - TP Plans - First Removal

 

 

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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