Complete TP Securities Section - TP Legal Instructional

Process Steps

6.1 Examine securities section of parent title for any outstanding securities. Import any securities from the parent title which affect the plot being registered for which no discharge or deed of restriction has been submitted, as instructed on the L53 record card.

6.1.1 Refer to first removal officer if any charges are outwith their effective date.

6.1.2 Refer to first removal officer if there are no instructions on the L53 record card for any relevant securities. 

6.2 Check the details have imported correctly and add the granter designation and the wording 'subjects in this Title and other subjects' to each entry, if applicable.

6.2.1 Remove Charge Certificate Notes and Schedules (if any) - refer to senior officer if any additional notes or floating charges/debentures exist.

6.3 If application includes a discharge, deed of restriction, notice of cessor of conditions or discharge of charging order:

• Check the security/grant/charging order being discharged is as referred to in deed
• Check if security is being partially discharged
• Delete relevant charge if appropriate.

6.4 Add details of any new standard security or charge. A certificate of registration of charge is no longer required in respect of limited company standard securities.

Types of deeds to enter in securities section:

• Standard securities
• Notice of payment of grant
• Charging order.

6.4.1 Ensure the creditor code on the application workdesk replicates the creditor code within the securities section, amend if necessary 

6.4.2 If any security attempts to create servitudes or real burdens refer to a senior officer.

6.4.3 For any security over part check if a reference has been provided on the cadastral map. If no reference has been provided add a note to plans on the title workdesk.

6.5 If deed(s) contains simple ranking clause add ranking note(s). Refer to senior officer for complex ranking.

6.5.1 If a security states it is to secure sums under statutory provisions (e.g. crofting or right to buy legislation) it should be referred to a senior officer to consider ranking implications.

6.6 If application includes a deed of variation of a security, then add the appropriate note from the LRS pick list after the entry for that security to include details of the variation, in accordance with guidance.