Settle TP - TP Legal - Tenement Non Instructional

Process Steps

11.1 Check deeds enclosed correspond with the inventory (if completed).

11.1.1 On completion of all the legal examination steps, if any of the deeds required to complete registration have not been submitted and if there is no further explanation on the application form as to why a deed has not been submitted, the application should be rejected.

11.2 Examine application for any correspondence and consider appropriate action.

11.3 Open application workdesk.

11.4 Check for any additional applications.

11.4.1 On completion of the initial examination and deed examination steps, request any additional applications from support and attach on receipt if it is appropriate to do so.

11.4.2 Any applications created on or after 8 Dec. 2014 must not be attached on LRS to any applications created prior to 8 Dec. 2014. See guidance on pending 1979 Act applications.

Examine the application form

12.1 Ensure that the form(s) submitted is/are signed and match the information contained in the corresponding deeds.

12.2 Ensure that the form is correctly completed for the type of deed submitted and consider the answers provided.

12.3 Check the application form against the deed(s).

12.4 Check the application workdesk against the deed(s) and make any other necessary amendments to the application workdesk if necessary.

12.5 Check the email addresses on the application form(s) correspond with the application workdesk and amend the application workdesk if necessary.

12.6 Check the parties to the deed(s) have been correctly entered in the standardised format in the Details field on the application workdesk and amend the application workdesk if necessary.

Examine Live Deeds

13.1 Check the deed inducing registration contains a valid property description narrating either the correct GPT number(s) or PT Number and the title number of any other affected plot.

13.2 Check each deed presented for registration to ensure that it is ex facie valid and execution is self-evidencing:

• Parties to deed must be designed
• Deed must include operative words in present tense
• Where appropriate deed must conform closely to statutory style or have minimum content
• Subjects must be adequately described
• Disposition or other deed with granter and grantee must not be by A to A in same capacity
• Deed must be signed/executed appropriately
• Any annexations or schedules should be incorporated into the registrable deed.

13.3 Check if the deed(s) has been submitted for joint recording in the Books of C & S.

13.4 Check if the deed(s) validly creates new real burdens or servitudes and check for completion of joint recording/dual registration in the Sasine Register or Land Register, as appropriate, or check that the deed or application form states the real burdens are created in terms of s.53 or are personal burdens.

13.4.1 If the deed is being dual registered against another title(s), settle all applications together if it is appropriate to do so.

13.5 Refer to guidance if the deed (or the application form) indicate that the applicant has died or has been dissolved prior to the date of application.

Parent title, registered proprietor and Advance Notice checks

14.1 View registered version or latest version of parent title sheet.

14.2 Check parent title title sheet for any existing exclusion of indemnity, limitation or exclusion of warranty or a caveat and check if it affects the TP. Consider necessary action.

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

14.3.1 If the granter of the deed under examination is not the last registered proprietor of the parent title 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 sent to a senior adviser.

14.3.2 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.

14.3.3 If the granter of the deed under examination is not the last registered proprietor of the parent title 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 the appropriate Advance Notice decision tree and consider if the application must be rejected or if an Advance Notice is in operation.

14.3.4 If the application is to register a grant of lease or there is included an additional application to register a standalone deed of servitude, refer to guidance on deeds that must be granted by registered/recorded proprietor.

14.4 Complete an application record search against the GPT and PT to check for any deed(s) which affects the plot being registered that was registered on the same day or within 35 days of the date of registration of any deeds under examination. If no registrations within 35 days, proceed to register as normal.

14.4.1 If another deed has been registered on the same day or within the 35 days of the date of registration of the deed(s) under examination, which affects the plot being registered, check the parent title 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.

14.4.2 If an Advance Notice exists for the deed(s) under examination, refer to appropriate Advance Notice decision tree and consider the effect on registration.

Complete TP proprietorship section

15.1 Import applicants from the application workdesk.

15.2 Check the proprietor's details, designation, consideration, date of registration and date of entry have been imported correctly and amend if necessary.

 15.2.1 Check the 'type' field is correct (P = person, C = company, O = other)

15.3 If proprietor is a non-natural person (e.g. a company) check the following are included in the proprietor entry or add as necessary:

• the legal system under which the proprietor is incorporated or otherwise established
• the company number if allocated in terms of Companies Act
• any other identifier (whether or not a number) peculiar to the proprietor.

15.4 If the proprietor has a right in land in a special capacity, enter a description of that capacity using the picklist (e.g Trustees).

15.5 Add any special destination.

15.6 Add the extent of entitlement held by the proprietor (if applicable).

15.6.1 Where title is held by more than one proprietor, the respective pro indiviso shares of each proprietor must be shown.

15.7 Consider ROI information provided on application form and complete ROI search if necessary. If there is no matching entry on the ROI proceed to register as normal.

15.7.1 If there is a matching entry on the ROI, check if the entry was registered within 35 days prior to the date of registration of the deed(s) under examination.

15.7.2 If the ROI entry was registered more than 35 days from the date of registration of the deed(s) under examination contact the submitting agent regarding the entry and place the case in standover for 42 days.

15.7.3 If the ROI entry was registered within 35 days prior to the date of registration of the deed(s) under examination check the application record and identify if an advance notice was registered for the deed(s) under examination. If no advance notice was registered contact the submitting agent regarding the entry and place the case in standover for 42 days.

15.7.4 If the ROI entry was registered within 35 days prior to the date of registration of the deed(s) under examination and an advance notice was registered prior to the date of registration of the entry in the ROI continue to complete registration as normal and do not disclose the ROI entry in the title sheet. The deed under examination is still within the protected period.

Complete TP securities section

16.1 Examine securities section of parent title for any outstanding securities.

16.2 If application includes a discharge, deed of restriction, notice of cessor of conditions or discharge of charging order:

• Check the security/grant/charging order being discharged is as referred to in deed
• Check security is not being partially discharged, see guidance on Discharging Securities  

16.3 Import any securities from the parent title which affect the plot being registered for which no discharge or deed of restriction has been submitted.

16.3.1 Check the details have imported correctly and add the granter designation and the wording 'subjects in this Title and other subjects' to each entry, if applicable.

16.3.2 Do not import any charges outwith their effective date.

16.4 Add details of any new standard security or charge. A certificate of registration of charge is no longer required in respect of limited company standard securities. Types of deeds to enter in securities section:

• • Standard securities
  • Notice of payment of grant
  • Charging order.

16.4.1 Ensure the creditor code on the application workdesk replicates the creditor code used within the securities section, amend if necessary

16.4.2 Check if any security attempts to create servitudes or real burdens and consider appropriate action.

16.4.3 For any security over part, check if a reference has been provided on the cadastral map. If no reference has been provided add a note to plans on the title workdesk.

16.5 Consider ranking and add ranking note(s) if necessary.

16.5.1 If a security states it is to secure sums under statutory provisions (e.g. crofting or right to buy legislation) consider ranking implications.

16.6 If application includes a deed of variation of a security then update entry for security to include details of variation in accordance with variation of standard security guidance.

Complete TP burdens section

17.1 Import burdens entries from the registered version of the parent title.

17.2 Delete any burdens which are outwith the effective date. Consider any additional burdens information if provided by the agent in the further/additional information sections of the application form and amend burdens entries accordingly.

17.2.1 Amend all references in the burdens section from 'Title Plan' to 'cadastral map'.

17.2.2 If an existing SPL/Supplementary plan is being incorporated into the title sheet, amend the existing footnote to the burdens entry.

17.2.3 If an entry has been updated, add an element note to reflect the entry complies with 2012 Act terminology.

17.3 Identify if the breakaway deed creates real burdens or servitudes.

17.4 Edit breakaway deed and add burdens entry, if necessary, following appropriate guidance.

17.4.1 Add s.53 footnote if applicable.

17.4.2 Only where absolutely necessary incorporate the deed or a document in the burdens entry by reference to the archive record.

17.5 Add an entry for any other new burdens deed under examination specific to TP.

17.5.1 If the application includes a notice of potential liability for costs or creates a liferent interest, an entry should be added to the burdens section.

17.5.2 Only where absolutely necessary incorporate the deed or a document in the burdens entry by reference to the archive record.

17.6 Add appropriate TCA burdens section note and check the note is the final entry, if applicable.

17.7 If any amendments are required for burdens on the cadastral map add a note to plans on the title workdesk.

Complete TP property section

18.1 Check the title sheet update field and the date of first registration are correct.

18.2 Check that the real right field is correct. The terms Proprietor and Tenant are no longer appropriate after designated day and the terms Ownership and Tenancy should apply.

18.3 Check the address details are correct. If any amendments to the address details are necessary add a note to plans on the title workdesk.

18.3.1 The subjects description must include the cadastral unit number and hectarage to 2 decimal places if 0.5 hectares or greater than 0.5 hectares.

18.4 Edit breakaway deed for rights and add rights to property suffix field, if necessary.

18.4.1 If any references for rights need to be added to the cadastral map add a note to plans on the title workdesk.

18.5 Add schedule of subsisting rights to real burdens and cross reference in suffix of property description or add an entry to the existing schedule for post appointed day deed, if applicable.

18.6 Add minerals reservation, if necessary.

18.7 Add TCA property section note, if necessary.

18.8 If the rights include a servitude which has been shown in full in the property description, add note specifying the deed in which the servitude right was created or that it is a prescriptive servitude.

18.8.1 If the servitude right has been included in the property description by way of cross reference to a deed in the burdens section, no note is required.

18.8.2 If plans have advised that a servitude cannot be mapped but is to be included in the title sheet, see When Plans Cannot Provide a Reference for a Right, Burden or Servitude for details of the note to be added.

18.9 Check the deed for extent for any boundary descriptions or a boundary table.

18.9.1 If the deed for extent includes any boundary descriptions or a boundary table follow guidance to determine if boundary references should be included and add a boundary table or boundary note if appropriate.

18.10 Consider plans proposed style for future applications and add note to plans on the title workdesk if any amendments are necessary.

18.11 If any amendments are required to the cadastral map or to the address details, check instructions for plans have been added to the title workdesk and refer to plans.