Legal and Plans Officer - Post Intake Rejections
Process Steps
These instructions are for paper applications. For CMS applications see Rejections Process for FRs.
Additional Information
Rejection reasons identified
1.1 One or more of the rejection criteria has been identified or the applicant has withdrawn their application whilst it was pending.
When an application is being considered for rejection at plans for an extent issue (for example, inability to accurately identify all or part of the subjects, competition in title), consideration should be given to whether or not RoS has issued a plans report for the property.
A.1 Identify if a plans report has been completed by RoS and take a note of the report details
A.2 Refer the application to your plans referral officer and ask them to consider if the report has an impact on the potential rejection.
A.3 The referral officer will consider:
- if additional information is now available that could not have been known at reports stage (for example, an overlapping title has been mapped and registered in the intervening period),
- if the report contains a genuine error (for example, an overlapping registered title has been missed),
- does the extent of the report or the deeds or plans submitted with the report help establish the extent to be registered, particularly if poor quality copy deeds have been submitted with the application for registration, and
- was the report was carried out using different deeds or plans compared to those submitted with the application for registration.
A.4 The referral officer will then decide if rejection should proceed or if there is now enough information available to proceed with the application.
- If there is doubt about whether the report was correct or whether the application can proceed after considering the report answer, a plans HEO should discuss this with the Reports manager before proceeding with rejection.
A.5 If rejection is proceeding, an entry should be made in the rejection log:
- Where there was an error in the report, note this in the rejection log (for example, "competing title not identified in report no. 1234567ABC". This information is very helpful to the rejection and reports teams as they may need to authorise a refund of the report fee if it contained an error made by RoS.
- Where there was no error in the report, note this in the rejection log (for example, "no error in report no. 1234567ABC, FR application submitted with new deed plan not seen at reports stage."). Again, this information is helpful as the agent may query why the application has been rejected when they had received a clear report.
Rejection instructions completed
2.1 In the LRS application workdesk click on print and select LR34 - Post Intake Rejection Instructions form.
2.2 Provide a brief description of the reason(s) for rejection, or that the application is withdrawn by the applicant.
2.3 Add the applicable rejection code from the list below, if known, or leave blank if field is to be completed by authorising officer.
Common rejection reasons
L02 - Wrong application type/wrong LR form used
L03 - Witness hasn't signed/witness not named or designed
L04 - Title number not narrated in deed
L05 - Incorrect title number narrated in deed
L06 - Signatory/attorney not named/capacity of signatory not stated
L07 - Deeds identified for burdens/servitudes not submitted and no explanation given and no good quality copy of the deed on the Deed Search Tool
L08 - Answer to burdens question on form is inconsistent with deeds submitted
L09 - Answer to servitudes question on form is inconsistent with deeds submitted
L10 - Extent deed not submitted
L11 - Cadastral unit overlap
L12 - Insufficient detail in plan/deed to identify plot/servitudes/burdens
L13 - LBTT requirements not met
L14 - Links in title question answered inappropriately - granter not registered proprietor
Application errors
L15a - Required Part B questions incomplete
L15b - Deed inducing registration not submitted
L15c - Application form not submitted
L15d - SAF form required - subjects in sasines/dual registration
L15e - Application must be made by grantee - FR
L15f - Dependent application
L15g - Information in form differs from information in deed/insufficient information in form/deed to proceed
Deed errors
L16a - Granter/grantee not sufficiently named/designed
L16b - Non-constitutive deed - Title Conditions Act
L16c - Granter no longer exists - deed in previous name of bank/building society
L16d - Deed not signed
L16e - Plan/annexation not signed/incorporated
L16f - Plan/annexation not attached
L16g - Deed not in statutory style/otherwise invalid - no operative words, etc.
L16h - Deed not capable of registration - deed already registered/non-registrable deed type
Plans/mapping errors
L17a - Tenement steading extent not provided/insufficient
L17b - Common areas not capable of being mapped
L17c - Plan/deed description insufficient to delineate plot on cadastral map - VR
L17d - Quantum of share not specified
Payment errors
L18a - No fee/fee insufficient
L18b - Invalid cheque
Other
L19a - Application withdrawn
L19b - Prescriptive claimant requirements not met
L19d - Miscellaneous
L20a - Application created in error
2.4 Indicate rejection/withdrawal type by deleting as appropriate - full or partial or recreate.
2.5 Indicate application type.
2.6 Indicate any pending application(s).
2.7 Indicate if plans back up file required.
2.8 Check application workdesk to see if a TP/FR for the title number is still being processed and, if necessary, complete LR34B(1) section of Post Intake Rejection Instructions form, and indicate in Part A if LR34B(1) has been completed.
2.9 Print name, select position, sign and date section A.
2.10 Indicate the rejection fee applicable in section B.
2.10.1 No rejection fee is applicable for:
- an application with a registration date between 8th Dec. 2014 and 8th Feb. 2015 (inclusive)
- an application for voluntary registration
- where a deed contains no errors but is being rejected because it was dependent on another deed that has been rejected.
2.10.2 If the application to register a deed affects multiple titles a single rejection fee should be charged (e.g. A Disposition of 10 registered titles, only a £30 rejection fee is charged).
2.11 Repeat the above steps for any further related deeds being rejected.
2.12 If a shared plot application (TS/FS/AS) has been created refer to plans or legal instructions, as appropriate, to cancel the shared plot application.
2.12.1 The shared plot relationship must be removed by a plans settler from the lead application before the lead application and the shared plot application can be cancelled on LRS.
Rejection or withdrawal letter template completed (full/partial rejection only)
3.1 Identify the appropriate rejection reason(s).
3.1.1 Where the appropriate rejection reason(s) is listed, the suggested text should be included in the rejection letter.
3.1.2 Where suggested text is not included, appropriate text detailing the reason for rejection should be included in the rejection letter.
3.2 For full rejection use LRO1 - Rejection letter post Application Creation, on LRS or select the appropriate letter template detailed below.
3.2.1 For withdrawal use LRO3 - Withdrawal Letter on LRS.
3.2.2 For partial rejection use LR33 - Partial Rejection post Application Creation on LRS.
3.2.3 If an application is being rejected only for the reason that it was dependent on the registration of another related deed use LR49 - Dependent Application Rejection on LRS.
3.2.4 If an application is being rejected because it contains an error in addition to being dependent on the registration of another related deed that has been rejected, the LRO1 - Rejection letter post Application Creation should be used.
3.2.5 If a superfluous application is being cancelled use L49 - Cancel superfluous application Letter on LRS.
3.2.6 If an application is being rejected because there is a competition in title, use the suggested wording provided.
- A print can be included with the rejection letter which illustrates the area(s) of competition.
An A4 extract of the index map can be used which displays the extent of the existing registered title(s) and the extent of the subjects to be registered; in most cases the red hatch for the provisional ident should be sufficient for the pending title. The area(s) of competition can be highlighted or circled on the plan with the title number of the competing title narrated on the print.
The print should be added to scan with the rejection.
3.3 Complete the following fields:
- Agent's address
- Our Ref (this should include title or application number followed by settlers name)
- Your Ref (agent's reference on the application form)
- Title Number
- Application Number
- Subjects
- Applicants (name(s) and designation)
Granters (name(s) and designation).
3.4 Where the appropriate rejection reason(s) is not on the checklist use the appropriate rejection letter template as identified above and add the appropriate rejection reason text to the letter.
3.5 Complete UID Number(s) fields.
This information must be correct as it is necessary to allow the retained fee to be matched up with the deed when represented.
3.6 Check letter details are correct, including UID number(s).
3.6.1 As a shared plot application is an internal application no reference is required to any shared plot application in the rejection/withdrawal letter(s).
3.7 Save the rejection/withdrawal letter with checklist to the appropriate location to enable the rejection officer to upload the letter to the notification system.
3.8 Print 2 copies of the rejection/withdrawal letter with checklist (one copy for agent and one for "add to scan").
The rejection letter contains an application checklist for use by the submitting agent on resubmitting any future applications. This is for external use only, and must not be completed by Legal or Plans officers.
Prepare and Release Case
4.1 Add rejection/withdrawal instructions for the rejection officer on the application workdesk.
4.1.1 If, in addition to the lead application, a shared plot application is to be cancelled on LRS, follow the plans or legal process and add the appropriate instructions for the rejection officer to cancel the shared plot application and, if applicable, the shared plot title.
4.2 Complete intake recreate instructions (if necessary).
4.2.1 In the LRS application workdesk click on print and select LR32 Intake Re-Create Instruction form.
4.2.2 Complete relevant instructions.
The date of registration, being the date on which the application was entered into the application record, should never be changed and only the details on the application record should be amended. For example, if the application was entered into the application record on 10th Dec. 2014 against FFE12345 and it should have been against FFE54321, then the registration date should remain as 10th Dec. 2014 and the application should be recreated against FFE54321.
4.2.3 Print name, sign and date the instructed by fields.
4.3 Plans Rejection only - pass case to officer to complete reports portal check.
4.4 Release case on LRS and pass to rejection officer or authorisation officer as appropriate.
Next: Pass to Authorisation Officer or Rejection Officer
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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