Parent Title, Registered Proprietor and Advance Notice Checks - TP Legal Instructional
Process Steps
Additional Information
4.1 Consider instructions on the L53 record card regarding any exclusion of indemnity, limitation or exclusion of warranty or caveat. Refer if necessary.
4.2 Check the proprietor details in the B Section of the L53 record card.
4.3 If the granter of the deed under examination is the same as the proprietor details on the L53 record card, proceed to register as normal.
4.3.1 If the granter of the deed under examination is not the same as the proprietor details on the L53 record card, check the question on the application form "is the granter of the deed the last recorded/registered proprietor?". If the answer on the form is no and the answer to the question 'is the disposition to be treated as valid by virtue of s.43(1)(prescriptive claimants) is no, refer to first removal officer to consider updating the L53 record card and then proceed to register as normal. By signing the application form, the agent is certifying the relevant links in title are in place and the granter has the legal right to grant the deed.
4.3.2 If the granter of the deed under examination is not the same as the proprietor details on the L53 record card and the application form states that the granter of the deed is the last recorded/registered proprietor, refer to first removal officer.
4.3.3 If the answer on the form is yes to the question "is the disposition to be treated as valid by virtue of s.43(1)(prescriptive claimants)", refer to senior officer to consider if case should be recategorised and referred to a senior caseworker to be settled in accordance with the Prescriptive Claimant provisions.
If the deed is granted by a guardian or authorised person under Adults with Incapacity (Scotland) Act, further checks are required in addition to those in process step 4.3 - refer to senior officer.
4.4 Identify if the application undergoing registration includes two or more standard securities submitted for registration on the same date and complete an application record search against the parent title to check for any deed(s) which affects the plot being registered that was registered on the same day or within 35 days of the date of registration of the deed(s) under examination. If no deeds were submitted for registration on the same date or within 35 days of the application undergoing registration, proceed to register as normal.
4.4.1 If another deed has been submitted for registration on the same date or within 35 days of the date of registration of the deed(s) under examination, which affects the plot being registered, check the parent title application record and identify whether an Advance Notice has been registered for the deed(s) under examination. If no Advance Notice exists, proceed to register as normal.
4.4.2 If an Advance Notice exists for the deed(s) under examination, refer to senior officer to consider the effect on registration.
Advance Notice Exception
There is a statutory exception to the protection afforded by an advance notice, namely a notice of potential liability for costs registered or intended to be registered under: (i) section 10(2A) of the Title Conditions (Scotland) Act 2003; or (ii) section 12(3) of the Tenements (Scotland) Act 2004. The advance notice will have no effect on the registration of such a notice during the prescribed protected period and any notice of potential liability for costs deed should be included in the burdens section as normal.
For assistance with calculating this period, see Advance Notice 35 Day Calculator.
An entry in the application record for an advance notice will be type AN.
The format of the application number is for example 14FFE0080A.
If the 35 day protected period has expired at the date that the officer is looking for the notice the status will be C but the officer needs to consider whether the other application received was received within that 35 day period.
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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