When to Attach Subsequent Applications to a Complex FR or TP
General
Most applications received by the Keeper are single, stand-alone applications that can be completed without the need to process another application at the same time. However, if a subsequent application (for example, a DW application to register a discharge of a standard security) is received by RoS before the initial application is processed and completed, it is often appropriate to process the two applications together. This will result in the Land Register reflecting the most up-to-date version position for the title sheet, and may also make the registration process more efficient for RoS. Occasionally though, even if a subsequent application is received before the initial application is completed, the type or complexity of the subsequent application(s) means it will be best to complete the initial application as a stand-alone application with the subsequent application(s) being completed at a later date.
TP applications - differences between attaching at plans and legal settle
There will often be examples where the property being registered is made up of parts coming out of 2 or more Parent Titles. These will be created as a TP application for the part coming out of the first Parent Title, and TA applications for the others. These TP and TA applications should be attached to each other prior to the plans settle process - this is due to the fact that access can now be gained on the DMS to each of the Parent Titles to map the removals etc.
Examples
Subsequent applications that require to be attached |
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For example:
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Subsequent applications that should not be attached |
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For example:
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Situations where subsequent applications exist and further consideration is needed before attaching them |
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For example:
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Guidance
If a subsequent application exists that should be attached to the initial application, request it from centralised support, attach the application and proceed with the registration process. |
Guidance
If a subsequent applications exists that should not be attached to the initial application, it should not be requested from centralised support. Proceed with registration of the initial application. |
Guidance
If a subsequent application exists that requires further consideration, request it from centralised support and consider its complexity. If necessary, refer to a referral officer to consider whether it is appropriate to attach it. |
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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