Examine Live Deeds - TP Legal Instructional

3.1 Check the deed inducing registration contains a valid property description narrating the correct parent title number.

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

Legal Quality Checkpoint LQC1 - Deed(s)

- 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.

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.

3.3.1 Refer to L53 record card instructions or refer to senior officer as necessary.

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 If the deed(s) creates new real burdens or servitudes follow instructions on L53 record card or refer to senior officer.

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, refer for consideration. For all other rejection reasons, follow the appropriate rejection process.

3.5 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.

3.6 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.

Incorporating Quality Data Points:

LQC1 - Deed(s)

2012 Act Registration Manual

Examine Live Deeds - TP Legal Instructional

Process Steps

Additional Information

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