Settling Considerations - Multiple Title Applications

Multiple Title Deeds not Involving Transfer of Title (Bulk Assignations, Securities and Discharges)

All applications must be created on the same day. For large scale multiple title applications, where the applications have to be created manually, the named contact managing the applications will work with the STL in the appropriate department to ensure the necessary resources are in place.

The applications should be settled as normal but should not be completed until the applications affecting all the titles in the deed are ready to be completed. Again, the named contact managing the applications should ensure all the applications created in respect of the deed are processed on the same day.

Errors in the deed / application

Under the Land Registration etc. (Scotland) Act 2012 ("the 2012 Act"), an application that is defective in terms of the application and registration conditions must be rejected in terms of section 21(3) or 27(4). This will include a failure to submit all the documents and evidence required for the Keeper to complete the title sheet, or a failure to submit a valid deed.

In deeds which involve multiple titles (a typical example being a bulk assignation of standard securities), there is a high scope for error due to the volume of titles involved. The impact of a rejection of this application is obviously much greater as it affects a larger number of titles.

If an error is discovered which renders the deed invalid then all applications must be cancelled and the deed rejected.

If there is a problem with an individual title number (digits being transposed for example) but the deed is valid in respect of other titles, instead of rejection, a pragmatic approach will be taken to accept the deed. Should there be any references to incorrect title numbers, we allow section 21(3) of the 2012 Act to operate to treat these as pro non scripto and register the deed in respect of all the correctly cited title numbers. (Please note this is not the case where title is being transferred, see Multiple Title Transfer (Dispositions) below).

A letter should be sent to the agent identifying the incorrect title numbers for which assignation or grant of security was ineffective, in order that they can send in a new deed in respect of those securities which still need to be assigned. This should however be done at the end of the settle process.

Useful Links

Bulk Application Tool Process

The registration process must be completed for each title number in the deed on the same day. If there is a pending FR or TP affected by a title number in the deed, then all the applications created in respect of a Multiple Title deed should travel with the appropriate pending application as they cannot be settled until that FR or TP is complete.

For multiple title applications involving securities or discharges, if there is a problem with an individual title number (digits being transposed for example) but the deed is valid in respect of other titles, it is possible to give effect to those titles part of the deed rather than cancel all applications.

Applications should not travel separately unless being managed by a named contact in Registration who is co-ordinating the completion of the titles.

Multiple Title Transfer (Dispositions)

All applications must be created on the same day. For large scale multiple title applications, where the applications have to be created manually, the named contact will work with the STL in the appropriate department to ensure the necessary resources are in place.

The applications should be settled as normal but should not be completed until the applications affecting all the titles in the deed are ready to be completed. Again, the named contact managing the applications should ensure all the applications created in respect of the deed are processed on the same day.

Errors in the deed

Under the Land Registration etc. (Scotland) Act 2012 ("the 2012 Act"), an application that is defective in terms of the application and registration conditions must be rejected in terms of section 21(3) or 27(3). This will include a failure to submit all the documents and evidence required for the Keeper to complete the title sheet, or a failure to submit a valid deed.

In deeds which involve multiple titles, there is a greater scope for error due to the number of titles involved. The impact of a rejection of this application is obviously much greater.

If an error is discovered which renders the deed invalid then all applications must be cancelled and the deed rejected.

RoS should send a standard notification of the rejection to the agent.

If there is a problem with an individual title number (digits being transposed for example) but the deed is valid in respect of other titles, the Keeper cannot give effect to part of the deed due to the possibility that prescriptive possession could run on the deed in the archive record. All the applications must be rejected.

For transfers of title, if there is a problem with an individual title number (digits being transposed for example) but the deed is valid in respect of other titles, we cannot give effect to part of the deed due to the possibility that prescriptive possession could run on the deed in the archive record. All the applications should be rejected.