Registered Proprietor and Advance Notice Checks - Standard Dealing - Paper process

Process Steps

5.1 Check that the A, B, C and D sections have been automatically imported from the registered version of the title sheet.

5.1.1 If the application was created on or after 6 November 2015 the title workdesk will contain an auto import note which indicates which title version the sections of the title sheet were imported from, and which sections have been automatically imported.

5.1.2 If the application was created prior to 7 March 2016 the B section must be imported manually.

5.1.3 If the application was created prior to 6 November 2015 the B and C sections must be imported manually.

5.1.4 If the registered version has changed since the application was created an error message will prevent completion and the import function should be used to import the sections of the title sheet and any shared plot relationships from the registered version.

5.2 If there is an existing exclusion of indemnity, limitation or exclusion of warranty or a caveat anywhere on the title sheet refer to senior officer.

5.3 Check if the granter of the deed under examination is the same as the last registered proprietor in the title sheet. If the same then proceed to register as normal. 

5.3.1 If the granter of the deed under examination is not the last registered proprietor in the title sheet check the answer to 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 deed under examination is a disposition check the answer to the question 'is the disposition to be treated as valid by virtue of s.43(1)(prescriptive claimants)'. If the answer is 'yes' the case should be recategorised and referred to a senior caseworker to be settled in accordance with the Prescriptive Claimant provisions.

5.3.2 If the answer to the question on the application form 'is the granter of the deed the last recorded/registered proprietor?' is 'no', and (for Dispositions only) the question 'is the disposition to be treated as valid by virtue of s.43(1)(prescriptive claimants)' has been answered 'no', check the declaration and the additional information sections of the application form to determine if the deed under examination is dependent on the registration of a related deed. If the deed is dependent on a related deed, follow the process for awaiting registration of the dependent deed. If no information provided 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.

5.3.3 If the granter of the deed under examination is not the last registered proprietor and the answer to the question on the application form 'is the granter of the deed the last recorded/registered proprietor?' is 'yes' refer to a senior officer to consider if the application must be rejected or if an Advance Notice is in operation.

5.4 Complete an application record search against the title and check for any deed(s) registered on the same day or registered within previous 35 days from the date of registration of the deed(s) under examination. If no registrations proceed to register as normal.

5.4.1 If another deed has been registered on the same day or within the 35 day preceding check the 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.

5.4.2 If an Advance Notice exists for the deed(s) under examination refer to senior officer to consider the effect on registration.

5.5 Identify if the application is affected by the Long Leases (Scotland) Act 2012. Check:

• if the application form or any correspondence contains a request to convert a tenant's right in a lease to ownership
• if the application contains any terminology that makes reference to the Long Leases (Scotland) Act 2012
• if the application is to register a disposition that relates to a title number in which the registered real right/interest is 'tenancy' or 'tenant'
• if the application is to register a notice or agreement in terms of the Long Leases (Scotland) Act 2012 (this may also be indicated by examining the deed).

If the application is affected by the Long Leases (Scotland) Act 2012, the Process Steps for settling DW applications - "Update Proprietorship Section/Update Securities Section/Update Burdens Section and Update Property Section" should be followed. However, there are additional requirements for subjects which are affected by the Act.

These are set out on the page Conversion of Tenant's Right to Ownership under the Long Leases (Scotland) Act 2012 - DW Settle.