Next Application Notes in LRS

General

A next application note (NAN) is a note which may be added by a registration officer to the LRS in the limited circumstances described on this page.

No NANs (whether public or internal) other than:

those added by mapbase maintenance for titles affected by a registration in the Register of Community Interests in Land (community right to buy), or
where a title is under investigation for a possible rectification or ongoing litigation action,
those added where a voluntary registration application constitutes a sub-division of a benefited property under the Title Conditions (Scotland) Act 2003

should be added to the LRS.

If a registration officer encounters a NAN in one of those situations, the application with which they are dealing should be referred as instructed.

This page also sets out those NANs which should be removed from the title workdesk of the affected title in LRS when a registration officer is processing an application presented on or after 8 December 2014. The action to be taken when a registration officer encounters a NAN relating to Copy in Certificate entries is set out at Existing Copy in Certificate Entries on the page Deed or Document Incorporated in Title Sheet by Reference.

Useful Links

Register of Community Interests in Land

Deed or Document Incorporated in Title Sheet by Reference

Existing Copy in Certificate Entries

Title Conditions (Scotland) Act 2003 - Real Burdens#RealBurdens-RealBurdensCreatedinaPreviouslyRegistered/RecordedDeed

Next application notes which may be added to LRS

NANs about RCIL Community Right to Buy

There are two internal NANs which a mapbase maintenance officer may add to the title workdesk of a registered title in LRS:

"Application CB XXXXX entered on the Register of Community Interests in Land affects the Subjects in this title. Please refer all applications to Legal Senior Caseworker workbasket via CMS. Please DO NOT remove this note on subsequent Applications."

"Application CB XXXXX entered on the Register of Community Interests in Land affects the Subjects in this title. Please refer all applications after <enter todays date>to Legal Senior Caseworker workbasket via CMS. Please DO NOT remove this note on subsequent Applications."

For further information on dealing with applications affected by the community right to buy, see Register of Community Interests in Land.

You may see older variations of this note advising you to refer to senior adviser service or RCIL STL - please refer all such applications to legal senior caseworker workbasket via CMS

Titles being investigated

A registration officer (typically an officer dealing with post registration enquiries) may add an internal NAN as follows:

"TITLE BEING INVESTIGATED. If an Application is received against this Title PLEASE PASS TO XXXXX"

xx

Voluntary Registration constituting a sub-division of a benefited property

A registration officer may add an internal NAN as follows: ‘Please refer to SCW on next conveyance - deed requires s12 statement in order for Schedule of Enforcement rights to remain.'

In no circumstances should a NAN referring to investigation by Legal Services be removed unless specifically instructed by Legal Services.

Which NANs should be removed

When to refer application affected by NAN

DWs and NANs requiring plans consideration

Remove these NANs on processing an application - no referral required

The following pro forma NANs were required for purposes relating to the former system of land registration under the 1979 Act. They can be removed from the title work desk in LRS when an application is being processed without consideration or referral.

It is not an exhaustive list and registration officers should not leave a NAN in place simply because the style of NAN does not appear in this list or is not addressed in the remainder of the guidance page. The registration officer should consult a Senior Caseworker if a NAN is encountered which is not covered by this guidance page and they are in doubt about whether the NAN has already been actioned or requires actioning.

Amendments made by Data & information Unit on Supplementary Plan(s) (as applicable) - PLEASE REPLACE - DATA AND INFORMATION UNIT - xxxx.
Assignation of Standard Security by <original creditor> to <new creditor> registered XXX.
Assignation of Standard Security by <original creditor> to <new creditor> registered XXX. Office copies certs must reflect correct registered creditor - check.
Burden Version No.X (of Deed xxxxx) Updated on xx xxx xxxx.
Charging Order by XXXX registered xxxxx.
Discharge (of standard security recorded/registered xxxx) by xxxx to xxxx registered xxxxx.
NEW DATA INTRODUCED TO TITLE, RENEW TITLE PLAN WHEN LAND CERTIFICATE NEXT SUBMITTED (MAPBASE MAINTENANCE).
Notice in terms of section 18 of the Abolition of Feudal Tenure etc (Scotland) Act 2000, registered on xxxxx.
Notice of Payment of Improvement Grant by xxxxx registered xxxx.
Notice of Payment of Repairs Grants by xxxx registered xxxx.
Notice of Potential Liability for Costs by xxxx to xxxx registered xxxxx.
Ranking Agreement between xxxx , xxxx and xxxx, registered xxxx.
Standard Security by xxxxx to xxxxx registered xxxx.
This is the first new application since title conversion. Please ensure LRS Title Details and DMS Plan are correct.
This Title is subject to the issue of two Land Certificates.
Where the Keeper considers that any real burdens which affected the subjects in this title were extinguished by virtue of s. 17 of ....and s 49 of ....

Remove NAN only after making title sheet 2012 Act compliant

Entry 2 of D Section Copy in Certificate - see fiche folios X to Y

(See Existing Copy in Certificate Entries - Deed or Document Incorporated in Title Sheet by Reference)

Remove these NANs only after referral

If the NAN is an RCIL NAN, see Register of Community Interests in Land.

If the NAN is a Register of Overseas Entities (ROE) NAN, see Register of Overseas Entities .

In addition to those noted below, if an officer encounters a NAN which is not on this list or on the list of NANs which may be removed without referral, and it is not clear what the purpose of the NAN is, or the action required in relation to an application for registration being process, the application should be referred.

Form of NAN	Reason for referral
The feudal superiority interest formerly conferred by this title sheet ceased to exist on 28 November....The registered proprietor may nevertheless retain ownership of parts of the surface or mineral rights. This will receive further consideration upon the next application for registration......	It requires a SCW to consider whether the title sheet might need to be closed where there is no land remaining. If SCW satisfied the title sheet could form title to land notwithstanding feudal abolition then SCW can instruct Real Right field content to be Owner- otherwise title sheet remains as stands until either a written request is made for removal of any other inaccuracy made by interested party or when back conversion project undertaken of all 1979 Act title sheets.
The estate of feudal superiority formerly contained in this title sheet ceased to exist on 28 November 2004....This title has now been closed.	The title sheet appears to be closed and an application would not be registrable. Refer to SCW before rejecting application for registration.
In terms of Rule 17(2) of the Land Registration (Scotland) Rules 2006, the Keeper gives notice of proceedings in the xxxx that may result.....Date of receipt of summons upon the Keeper xxxxx.	It may be appropriate to remove the NAN, but care must be taken to consider an exclusion or limitation of warranty depending upon the nature of the court action.
The interest in this Title Sheet was absorbed into the higher interest held in the Sasine Register (SS/CSS xxxxxx) on xxxxxx.	This note indicates that the title sheet is closed so any application would not be registrable. Refer to SCW before rejecting application for registration.
It has been brought to the Keeper's attention that a potential amendment to information held in the A/B/C/D section of this title sheet should be undertaken. The agent......DAU LOG NO: XXXXXX.	This NAN was not regularly used but applications affecting such a title sheet should be referred to ascertain the full circumstances and decide whether any action is required.
The exclusions of indemnity re the Power of Sale in the B and/or C Section of the title sheet should only be removed if an application with appropriate evidence is authorised by a senior adviser.	The exclusions may need to be removed or may need to be converted into exclusions or limitations of warranty.

Plans NANs - referral process

DW staff

If DW staff (in particular, plans staff) encounter a NAN in a live application to amend the title plan/cadastral map they are to refer to a DW senior caseworker.
The DW senior caseworker will instruct the amendment if appropriate or refer the enquiry to the Post Registration team for consideration of the proposed amendment within 2012 Act scheme for rectification.
The Post Registration team will return the application to the DW team with instructions on how to proceed.
DW staff are to ignore any other potential amendment to other associated titles (by RA/Parent Title/major area) whilst dealing with their own application. Any such amendment will be considered when the matter is specifically raised by an agent or external party.

Post Registration team

On receipt of an application as a referral from DWs, or any other production area, Post Registration team will investigate whether, or not, the proposed amendment may be carried out under the 2012 Act. On returning the application, full instructions are to be provided of any change to be made or to record why an amendment may no longer be made in spite of the NAN's instruction. Instruct the archive of referral material and removal of the NAN (so the issue is not raised again on receipt of a later application).
If the issue being corrected is one which will probably affect a number of related titles (RA/Parent Title/major area) Post Registration will consider the creation of a BUF to assist with similar NANs which have been applied to similar titles. Plans and legal to liaise as necessary in identifying the extent of any BUF and what information and instruction it can provide.

Guidance

An officer must not add a NAN to the LRS title workdesk except in the situations set out at Next Application Notes which may be Added to LRS above. If an officer considers that a new NAN is required, this must be authorised through a senior adviser, who will as appropriate seek the advice of other relevant stakeholders.