Rejection - Common Rejection Reasons and Conditions
Code | Reason | Example | Suggested wording | ||
L02 | Wrong application type/LR form used | DW form that should be FR/TP | Pre 3 Months Rejection | The wrong application type has been selected. The application type should be [deed over part of a registered plot/deed over unregistered plot/voluntary registration/automatic plot registration]. For the type of application that you have submitted, the Keeper requires to see an application form with the necessary Part A questions completed. | |
Post 3 Months Rejection | Refer to SCW | ||||
DW applications that have an FR or TP form | Pre 3 Months Rejection | All applications for DW applications that have been submitted on an FR or TP form should be accepted as all necessary parts of the form have been completed. | |||
Post 3 Months Rejection | All applications for DW applications that have been submitted on an FR or TP form should be accepted as all necessary parts of the form have been completed. | ||||
L03 | Witness hasn’t signed/witness not named or designed | Witness not signed | The witness has not signed the [insert deed details if not on CMS] | ||
Witness not named | Pre 3 Month Rejection | The witness has not been named in the [insert deed details if not on CMS] | |||
Post 3 Month Rejection | Refer to SCW | ||||
No address for the witness | Pre 3 Month Rejection | No address has been given for the witness [insert deed details id not on CMS] | |||
Post 3 Month Rejection | Refer to SCW | ||||
The address for the witness is incomplete | Pre 3 Month Rejection | The address for the witness is incomplete. | |||
Post 3 Month Rejection | Refer to a SCW | ||||
L04 | Title number(s) not narrated in the deed | Deed narrates the subjects in sasines | Pre 3 Month Rejection | The deed does not include a title number. The deed narrates that the subjects are within the sasine register and the deed was executed more than 28 days since the date the subjects were registered | |
Post 3 Month Rejection | If the correct title number can be validated from the form and/or from the customer deeds should not be rejected post 3 months for this reason. If the title number cannot be validated, refer to SCW.
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Knows that it is LR but no title number | Pre 3 Month Rejection | The deed does not include a title number. Where the subjects being disponed is registered in the Land Register, any subsequent deed (more than 28 days after the title was acknowledged onto to the land register) must reference the title number. | |||
Post 3 Month Rejection | If the correct title number can be validated from the form and/or from the customer deeds should not be rejected post 3 months for this reason. If the title number cannot be validated, refer to SCW. | ||||
L05 | Incorrect title number(s) narrated within the deed | Pre 3 Month Rejection | The deed does not include the correct title number. | ||
Post 3 Month Rejection | If the correct title number can be validated from the form and/or from the customer, deeds should not be rejected post 3 months for this reason. If correct title number cannot be validated, refer to SCW. | ||||
L06 | Signatory/attorney not named/capacity of signatory not stated | Capacity of person signing the deed for company/non-natural person not stated | Pre 3 Month Rejection | The deed does not disclose the capacity in which the person signing the deed is acting. | |
Post 3 Month Rejection | Refer to SCW | ||||
Attorney not named in the deed/testing clause | Pre 3 Month Rejection | The deed is signed by an attorney, but the deed fails to provide the attorney’s name. | |||
Post 3 Month Rejection | Refer to SCW
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L07 | Deeds require to evidence extent/servitudes/burdens not submitted for registration – we should source these deeds from our archives and process where we can | Extent deed not submitted | Pre 3 Month Rejection | Your application for registration references the following deeds for extent that have not been submitted. We have searched our records and whilst the Keeper does hold a copy of the deed, it has not been possible to establish the extent of the plot from the plan or description within the deed held by RoS. | |
Post 3 Month Rejection | Refer to SCW | ||||
Servitude/Burdens deed not submitted | Pre 3 Month Rejection | Your application for registration references the following deeds for burdens/servitudes (delete as appropriate) that have not been submitted. We have searched our records and whilst the Keeper does hold a copy of the deed, it has not been possible to establish the extent of the colour references from the monochrome plan of the deed held by RoS. | |||
Post 3 Month Rejection | Refer to SCW | ||||
L11 | Cadastral Unit Overlap | Pre 3 Month Rejection | The property overlaps with the subjects registered under [title number]. Please see enclosed prints showing the overlap in more detail. If you wish to proceed to register your title excluding the area of overlap then the deed will require to be redrawn to exclude the area. If you wish to have the area of overlap included in your title then you must establish the register is inaccurate and request the Keeper to rectify the register. Further information, including a standard form for rectification, can be found on our website. | ||
Post 3 Month Rejection | Refer to HEO/SCW for collaboration with parties re overlap | ||||
L12 | Extent including common areas not capable of being delineated on the cadastral map | Plot unable to be identified from the extent deed | Pre 3 Month Rejection | It is not possible to establish the extent of the plot being registered from the *plan referred to/description contained (*delete as appropriate) in the [deed type] by [granter] in favour of [grantee]. Any new plan created must meet the Keeper’s deed plan criteria that can be found here. | |
Post 3 Month Rejection | Refer to HEO/SCW | ||||
Monochrome plan | Pre 3 Month Rejection | It is not possible to establish the *extent of the plot/colour references [insert details] (*delete as appropriate) on the monochrome plan attached to the [deed type] by [granter] in favour of [grantee]. Any new plan created must meet the Keeper’s deed plan criteria that can be found here. | |||
Post 3 Month Rejection | Refer to HEO/SCW | ||||
Inadequate scale/floating shape | Pre 3 Month Rejection | It is not possible to establish the extent of the plot because the plan referred to in the [deed type] by [granter] in favour of [grantee] is at an inadequate scale or contains insufficient surrounding detail (delete as appropriate. | |||
Post 3 Month Rejection | Refer to HEO/SCW | ||||
Common areas | Pre 3 Month Rejection | It is not possible to establish the extent of the common areas being registered from the *plan referred to/description contained (*delete as appropriate) in the [deed type] by [granter] in favour of [grantee]. Any common areas to be included in the title sheet should be capable of being delineated on the cadastral map. | |||
Post 3 Month Rejection | Refer to HEO/SCW | ||||
Tenement steading cannot be identified | Pre 3 Month Rejection | It is not possible to establish the tenement steading extent. Where the Keeper does not already have a tenement steading extent, it must be defined in the application. Any new plan created must meet the Keeper’s deed plan criteria that can be found here. | |||
Post 3 Month Rejection | Refer to HEO/SCW | ||||
Quantum share cannot be identified | Pre 3 Month Rejection | The application contains insufficient information to allow the Keeper to establish the quantum share in the [*insert description of the common areas] pertaining to the plot to be registered. Where the application is to register a deed over an unregistered plot or a deed over part of a registered plot the deed inducing registration must state the quantum share. Where the application is to voluntary register an unregistered plot the quantum share must be added to the further information section of the application form. | |||
Post 3 Month Rejection | Refer to SCW | ||||
L13 | LBTT requirements are not met | Pre 3 Month Rejection | This appears to be a notifiable transaction for the purposes of Land and Buildings Transaction Tax. We have been unable to confirm that a land transaction return has been made. | ||
Post 3 Month Rejection | Refer to SCW | ||||
L15c | Application form not submitted | Pre 3 Month Rejection | The deed submitted for registration covers more than one application type. You have submitted an application form for [Insert here] for the part of the application that is [whole of a registered plot/part of a registered plot/unregistered plot]. To cover the part of the application that is a [whole of a registered plot/part of a registered plot/unregistered plot] the Keeper requires a form to allow registration to proceed. | ||
Post 3 Month Rejection | Refer to SCW | ||||
L15d | SAF form required | Pre 3 Month Rejection | The deed that you have submitted for registration purports to generate rights/burdens that require to be recorded in the General Register of Sasines. To record these rights an appropriate sasine application form must be submitted with an application for registration. | ||
Post 3 Month Rejection | Refer to SCW | ||||
L15e | Application must be made by the grantee | Applicants name missing from the form | Pre 3 Month Rejection | The applicant details have not been provided on the application form. | |
Post 3 Month Rejection | If the applicant’s details can be validated by the deed, deeds should not be rejected post 3 months for this reason. | ||||
Applicants name on the form is different from those in the deed | Pre 3 month rejection | The applicant details on the application form does not match the grantee of the deed. | |||
Post 3 month rejection | If the customer confirms that the applicants name is as narrated within the deed, deeds should not be rejected post 3 months for this reason. | ||||
L15f | Dependent application | This is being rejected as its registration is dependent on a previous application [xxx] that has been rejected. | |||
L15g | Information in form differs from information in the deed/insufficient information in form/deed to proceed | Discrepancy between the form and the deed | Pre 3 Month Rejection | The information on the application form regarding [*insert details] does not match the information in the deed. Specify the discrepancy i.e. The form is for 10 Smith Street and the deed is for 52 Green Loan etc. | |
Post 3 Month | Refer to SCW | ||||
Insufficient information provided in VR application for the Keeper to proceed | Pre 3 Month | The information on the application form regarding [*insert details] is insufficient to allow Keeper to proceed. | |||
Post 3 Month | Refer to SCW | ||||
Reference to title number(s) for rights/burdens is insufficient for Keeper to proceed | Pre 3 Month | There is insufficient information provided in the application in relation to *rights/burdens (*delete as appropriate). The application contains only reference to a title number(s) for *rights/burdens (*delete as appropriate), and the Keeper is unable to determine which deeds affect the plot being registered. | |||
Post 3 Month | Refer to SCW | ||||
L16a | Granter/Grantee not sufficiently designed | Non-natural applicant designation insufficient - no company number in deed | Pre 3 Month Rejection | The applicant's designation does not include the company number. | |
Post 3 Month Rejection | Refer to SCW | ||||
Non-natural applicant designation insufficient - legal system under which company or other non-natural person incorporated not provided in application form or deed | Pre 3 Month Rejection | There is insufficient information provided in the application in relation to the applicant's designation. The legal system under which the applicant is incorporated is not provided. | |||
Post 3 Month Rejection | Refer to SCW | ||||
L16b | Non-constitutive deed – Title Conditions Act | Title Conditions Act - burdened/benefited property not identified | Pre 3 Month Rejection | The deed purports to create new real burdens or servitudes but there has not been sufficient *identification/nomination (*delete as appropriate) in relation to the *burdened property/benefited property (*delete as appropriate). | |
Post 3 Month Rejection | Refer to SCW | ||||
Title Conditions Act - does not use the term 'real burden' or other acceptable term | Pre 3 Month Rejection | The deed purports to create new real burdens but the deed does not use the term 'real burden' or other acceptable term. | |||
Post 3 Month Rejection | Refer to SCW | ||||
L16c | Granter no longer exists – deed in previous name of bank/building society | Pre 3 Month Rejection | The deed is granted in the name of [insert details], that bank/building society no longer exists. | ||
Post 3 Month Rejection | Refer to SCW | ||||
L16d | Deed not signed | The granter has not signed the deed. | |||
Granter has not signed the last page of the deed | Pre 3 Month Rejection | The deed has not been signed on the last page. The signatures and *the whole/part of the (*delete as appropriate) testing clause are on a separate page to the main body of the deed. | |||
Post 3 Month Rejection | Refer to SCW | ||||
L16e | Plan/annexation not signed | Pre 3 Month Rejection | The *plan/annexation/schedule (*delete as appropriate) referred to in the deed has not been signed. | ||
Post 3 Month Rejection | Refer to SCW | ||||
Plan/annexation/schedule not incorporated into registrable deed - not identified on its face as the plan/annexation/schedule referred to in the deed. | Pre 3 Month Rejection | The *plan/annexation/schedule (*delete as appropriate) has not been sufficiently incorporated into in the deed. | |||
Post 3 Month Rejection | Refer to SCW | ||||
L19a | Application withdrawn | As per your email dated x, the above application for registration has been withdrawn under section 34(1)(a) of the Land Registration etc. (Scotland) Act" 2012. | |||
L19b | Prescriptive claimant requirements are not met | Prescriptive claimant requirements - evidence of possession not sufficient | Letter to be drafted by SCW | ||
Prescriptive claimant requirements - appropriate persons have not been notified | Letter to be drafted by SCW | ||||
L20a | Created in error | n/a | n/a | ||
D1 | Incorrect/Incomplete DIR scanned | Wrong deed | Pre 3 Month Rejection | The deed that you have submitted for registration is not [insert deed details] but a [insert information] i/e – The document that you submitted for registration is not the Disp by A to B over x but a legal report by Miller and Bryce over Y. | |
Post 3 Month Rejection | Refer to SCW | ||||
Insufficient pages | Pre 3 Month Rejection | The deed [insert details] would appear to be incomplete as page x is missing from the scanned image. | |||
Post 3 Month Rejection | Refer to SCW | ||||
D2 | Incorrect/incomplete supporting deed scanned | Wrong deed | Pre 3 Month Rejection | The deed that you have submitted for registration is not [insert deed details] but a [insert information] i/e – The document that you submitted for registration is not the Disp by A to B over x but a legal report by Miller and Bryce over Y. | |
Post 3 Month Rejection | Refer to SCW | ||||
Insufficient pages | Pre 3 Month Rejection | The deed [insert details] would appear to be incomplete as page x is missing from the scanned image. | |||
Post 3 Month Rejection | Refer to SCW | ||||
D3 | Supporting deed submitted but no application form. | Pre 3 Month Rejection | You have included the [insert deed details] in your supporting documentation. For this to be registered an accompanying application form would require to be submitted and the appropriate fee paid. | ||
Post 3 Month Rejection | Refer to SCW | ||||
D4 | DSS – Deed already registered via DSS | Duplicate app | Pre 3 Month Rejection | The deed that you have submitted is already registered under [insert title number] on [insert date] | |
Post 3 Month Rejection | Refer to SCW | ||||
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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