Registered Proprietor and Advance Notice Checks - Standard Dealing - CMS Version

Owned by Admin4
Mar 19, 2020
2 min read

Process Steps

Additional Information

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 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.

Always ensure the correct title version is used to import details. If this is not done, it can have serious implications, raising the risk of claims being made against RoS e.g. over-writing titles.

5.2 If there is an existing exclusion of indemnity, limitation or exclusion of warranty or a caveat anywhere on the title sheet follow the referral process.

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 same then proceed to register as normal.

5.3.2 If the proprietor and the granter do not match follow the Rejection referral process. 

5.4 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.

Deeds granted by guardian or authorised person under Adults with Incapacity (Scotland) Act 2000

If the deed is granted by a guardian or authorised person under the Adults with Incapacity (Scotland) Act 2000, further checks are required in addition to those in 5.3 - refer such deeds to your referral officer.

35 day period

For assistance with calculating this period, see Advance Notice 35 Day Calculator.

Entry for advance notice in application record

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.

Next: Update Proprietorship Section


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.
Using this website requires you to accept cookies. More information on cookies.
Feedback