Research Areas for Legal Officers

New Area Preparation / Research Areas

Formerly named the Research Team, New Area Preparation (NAP) was set up to:

  • Identify areas of land known as Research Areas (RA) which have been or are likely to be split up into 6 or more units of property sharing at least some of the common prior burdens.
  • Prepare burdens entries (including instructions on their use) which would be available for use at first registration.
  • Produce information readily available for the production of legal reports, including information on prescriptive progress, outstanding securities, discharges of securities within 5 years, and deeds, other than transfer deeds, recorded within 40 years affecting the research area.

New Area Preparation normally began one year prior to an area becoming operational in the Land Register.

The subjects covered by each RA are mapped so that any applications for registration of subjects within that area are identified at the provisional ident stage of registration, i.e. at the beginning of the process. Land Register applications are divided into two distinct categories, i.e. RA casework and non-RA casework. It is important, therefore, that RA casework is identified as soon as possible in the registration process.

Not all common burdens referred to in an RA are necessarily appropriate to all individual titles within that area. For that reason, the common burdens prepared for RAs also contain advice on their use. The advice is accessed from the burdens section of the LRS. The instructions should be followed and any entries not affecting the property should be deleted. Generally, the only deed that will need to be added to the burdens section will be the breakaway, if it contains subsisting burdens. If one of the common deeds referred to for burdens has not been examined by NAP, the case should be forwarded to the designated officer for that county who is responsible for any NAP/RA amendments. Likewise, should you spot an error in an entry, this should be amended by the designated officer.

Any common burdens investigated by NAP are automatically stored on the LRS as part of the Common Deeds Index and are available to all settlers for use where appropriate

RA details will already be imported into the burdens section. To pick up any amendments made since the application was created, you must delete and re-import the RA.

Legal Instruction, RA comment and Element note fields

LEGAL INSTRUCTION CODES

1.

USE IN ALL CASES

2.

USE IN ALL CASES RES MIN

3.

USE AS FOLLOWS

4.

USE AS FOLLOWS RES MIN

5.

DO NOT USE

6.

MODEL MADE

7.

NO MODEL MADE

8.

DEAL WITH AT FR STAGE

9

**FILE** (FOR USE WITH BACK CON VERSION NAP FILES)

10.

SEE RA GENERAL NOTE (FOR USE WITH BACK CON VERSION NAP FILES)

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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