8.11.2 Notes to Legal

Any or all the following notes may be made to the Legal Settler -

(a) The Title Numbers of adjoining or adjacent registrations. These numbers will be revealed to the Legal Settler when it is felt they may be of some assistance. If there is a common deed, the Title Sheet of the adjoining registration may provide information which reduces the Settlers investigation of the case.

(b) Any Research Area number that affects.

(c) Whether any Lease or Feu referred to in the Deed Inducing Registration affects all or part of the subjects to be registered.

(d) What plans references, if any, have been given on the Title Plan for any parts affected by Leases, Feus, Burdens, Tree Preservation Orders, etc.

(e) The plans references could be either tinted or verbalised depending on the nature of the servitude or burden.

(f) Where the Deed Inducing Registration refers to the exception of mines and minerals.

(g) If the land over which servitudes have been granted (servient tenement) is registered and if so the Title Number and any Title Plan reference applicable to the servitude. Should he/she require to do so the Legal Settler may then examine the Title Sheet of the adjoining property with regard to that servitude. However any instance of the lack of a reciprocal burden on the servient property, does not necessarily require investigation or amendment to the current application.

(h) Whether or not the land over which the servitude has been granted is comprised in the progress of title or if the servitude is co-extensive or forms part of any servitude granted by an earlier deed. This will reveal to the Legal Settler whether or not the Granter had the power to grant the servitude in the first place.

(i) What plan references have been given for the servitude or

(j) How the servitude may be described verbally.

(k) Where the subjects to be registered comprise only part of the land in an earlier writ, indicate its approximate position in 2B pencil on the writ plan. This marking in pencil may help the Legal Settler relate the position of the property a little more easily to plans on other writs which show slightly different detail and might also help him/her to visualise the position on the ground if several colourings (burdens) on the deed plan affect and so help to formulate the entries.

(l) The Title Numbers of any existing registrations which affect. This could be a Superiority or a Lease and the Legal Settler might want to check these titles and possibly note the Superiority or Lease on the Dominium Utile Title Sheet.

Unless covered by a Research Area the information supplied will indicate to the Legal Settler which of the relevant writs comprise or include any part of the subjects being registered, and as to each such writ, what colour or other references on the plan in any way affect this land.

Depending on the nature and circumstances of the application, Plans Staff will provide such additional information relating to Title as appears to be necessary, relevant and which may prove to be helpful.

8.11.2.1 Abstracting: Presentation to The Legal Settler

The Legal Settler will rely on the information provided by the Plans Settler and this will have a direct bearing on whether or not the whole of the land in the Deed Inducing Registration is registered, whether or not servitudes are guaranteed and whether or not burdens are referred to in the Title Sheet. So information to the Legal Settler relates to three principal areas: -

(a) The subjects being registered
(b) Burdens affecting the land to be registered
(c) Adjoining land over which servitudes have been granted for the benefit of the subjects being registered.

The importance of this information to the Legal Settler cannot be over-emphasised and care should be taken to present it in a neat, concise and intelligent manner.

INCORRECT INFORMATION CAN BE DANGEROUS

The information given to the Legal Settler relates mainly to the relationship of prior deeds to the Deed Inducing Registration. This is referred to as "abstracting", i.e. the information is abstracted from the deeds. The Legal Settler is told for example, whether a deed referred to for extent contains exactly the same area of ground as the DIR, or whether it is only part.

All the relevant deeds are abstracted and presented in the order that they are listed on the inventory of writs (Form 4).

The following terminology is used when abstracting deeds (where the location and extent is identifiable - for those which are not see below).

CO-EXTENSIVE

The extent of the deed being abstracted and the extent of the subjects being registered are the same. Subjects being registered - edged red.

Deed being abstracted (tinted pink) - Co-extensive.

PART OF

The subjects being registered forms a part of the extent of the deed being abstracted Subjects being registered - edged red.

Deed being abstracted (tinted blue) - Part Of

AS TO PART

The subjects being registered is greater than the extent of the deed being abstracted
NOTE: The extent of the deed being abstracted falls wholly within the red edge. Subjects being registered - edged red.

Deed being abstracted ( tinted yellow) - As To Part.

AS TO REMAINDER

The extent of the deed being abstracted forms the REMAINING portion of the land being registered.
NOTE: The extent of the deed being abstracted falls wholly within the red edge. Subjects being registered - edged red.

Area tinted Yellow - As To Part

Deed being abstracted ( tinted pink) - As To Remainder.

AS TO SAME PART

The extent of the deed being abstracted forms the SAME portion of the land being registered as a previous deed.
NOTE: The extent of the deed being abstracted falls wholly within the red edge. Subjects being registered - edged red.

Area edged yellow - As To Part

Deed being abstracted ( tinted blue) - As To Same Part.

AS TO FURTHER PART

The extent of the deed being abstracted forms a FURTHER portion of the land being registered
NOTE: The extent of the deed being abstracted falls wholly within the red edge. Subjects being registered - edged red.

Area blue - As To Part

Deed being abstracted ( tinted pink) - As To Further Part.

PART OF AS TO PART

The deed being abstracted forms a portion of the subjects being registered
NOTE: The extent of the deed being abstracted also contains land outwith the red edge. Subjects being registered - edged red.

Deed being abstracted ( tinted yellow) - Part Of As To Part.

PART OF AS TO SAME PART

The deed being abstracted forms the SAME portion of the land being registered as a previous deed.
NOTE: The extent of the deed being abstracted also contains land outwith the red edge. Subjects being registered - edged red.

Area tinted yellow - Part Of As To Part

Deed being abstracted ( Edged blue) - Part Of As To Same Part.

PART OF AS TO FURTHER PART

The deed being abstracted forms a FURTHER portion of the subjects being registered
NOTE: The extent of the deed being abstracted also contains land outwith the red edge. Subjects being registered - edged red.

Area tinted yellow - Part Of As To Part

Deed being abstracted ( tinted pink) - Part Of As To Further Part.

PART OF AS TO REMAINDER

The deed being abstracted forms the REMAINING portion of the subjects being registered
NOTE: The extent of the deed being abstracted also contains land outwith the red edge. Subjects being registered - edged red.

Area tinted pink - Part Of As To Part

Deed being abstracted ( tinted blue) - Part Of As To Remainder.

Please note that where the subjects being registered are identified by a postal address and this is repeated in earlier writs which do not contain plans the Plans Settler will not report on these (unless he thinks it useful) on the assumption that the Legal Settler will be able to identify the property from the description.

The Plans Settler will only report on writs which contain plans or technical descriptions which identify the property by dimensions or in relation to other surrounding properties.

Other information will be given as part of the abstracting such as any colour reference on the deed plans that affect (or do not affect as the case may be) or building lines.

For example the abstracting of deeds referred to for extent may be recorded thus: -

Deed 1 - Part of (falls wholly within pink colouring)
Deed 2 - Part of as to part (blue broken line affects)
Deed 4 - as to further part 
Deed 7 - as to remainder 
Deed 8 - co-extensive (30' building line affects) 
Deed 9 - co-extensive (by description).

It would be assumed, as regards the above example that such a case would have been referred to legal staff before mapping to ascertain what references would be required.

Other notes in respect of abstracting, where the land in prior deeds cannot be identified (either at all or positively) will be detailed as follows: -

DOES NOT FORM PART OF THE SUBJECTS IN THIS TITLE - The extent of the deed being abstracted (tinted blue in the example) is remote from the area being abstracted.
NOTE: If the extent of the abstracted deed has a postal address then note the address, if not, provide a print for the Legal Settler.

DOES NOT FORM PART OF THE SUBJECTS IN THIS TITLE - ABUTS THE ***** BOUNDARY - The extent of the deed being abstracted (tinted pink in the example) fully abuts one or more of the boundaries of the subjects being registered.
NOTE: If the extent of the abstracted deed has a postal address then note the address, if not, provide a print for the Legal Settler.

DOES NOT FORM PART OF THE SUBJECTS IN THIS TITLE - PARTLY ABUTS THE ***** BOUNDARY - The extent of the deed being abstracted (tinted yellow in the example) partly abuts one or more of the boundaries of the subjects being registered.
NOTE: If the extent of the abstracted deed has a postal address then note the address, if not, provide a print for the Legal Settler.

EXTENT UNIDENT - The deed has a plan attached but the extent cannot be identified.

EXTENT UNIDENT - NO PLAN - The deed has no plan attached and the extent cannot be identified from the description.

EXTENT UNIDENT - NO PLAN AVAILABLE - The deed refers to a plan which has not been submitted and the extent cannot be identified without it.

(BY DESCRIPTION) - Placed after the abstracting term. The extent has been determined using the description in the deed.
E.g Deed ** - Co-extensive (by description)

AFFECTS - The deed includes rights or other provisions, which benefit or burden the subjects being registered.

DOES NOT AFFECT - The deed includes rights or other provisions which neither benefit or burden the subjects being registered.

NOTE :

Extent Unident -

You can assist the Legal Settler by using your experience, where possible, to make an informed guess as to the location and extent of a deed, for example

"Extent Unident (appears to be part of………).

It assists the Legal Settlers greatly in the execution of their duties when Plans Officers make greater use of their experience and expertise when dealing with deeds deemed to be "Extent Unident". Even if not absolutely sure as to the location and extent of a particular deed, experience may allow an informed supposition and allow the provision of information in the following manner: "Extent Unident (appears to be part of").

Where the subjects conveyed by an earlier deed are identified solely by technical description this should be indicated alongside the deed as in the example below: -

WRIT NO.6 - CO-EXTENSIVE (by description)

Deeds referred to in respect of servitudes may not appear to physically affect the registering subjects in that the location and extent lie adjacent or even some distance away, but the servitude beneficial to the land in that deed will still affect, (unless it can be ascertained that the reference to the deed is erroneous). It could be important to the Legal Settler that its position in relation to the current registration is stated. If the deed relates to land that has a postal address, quote that e.g.

"Deed 5 (24 Main Street) - does not form part of SITT". Otherwise, if a postal address is impossible or perhaps misleading then describe the deed thus: (e.g.)

"Deed 5 - does not form part of SITT - abuts south-west boundary":

or
" ... partly abuts northern boundary"

or
" ... comprises a plot of ground approximately fifty feet to the south-east".

8.11.2.1.1 Abstracting - establishing the extent of subjects in prior deeds

See also the following links -
Section 8.1.5 - Common Deeds Index
Section 14.1 - Common Deeds on the DMS
Section 17 - Common Deeds on the LRS
Section 20 Decision Trees - Abstracting Guidance for Burdens Deeds and Abstracting Guidance for Prescriptive Title Deeds.

When abstracting deeds referred to in the deed inducing registration, or elsewhere in the material submitted in support of an application for a first registration, much time could be spent trying to plot the extent and location of the subjects in these deeds on the Ordnance Map in an endeavour to ensure conclusively that the subjects being registered fall within the subjects in the deed.

However the expenditure of time and effort necessary to identify precisely the subjects is not always warranted. In this respect the deeds being abstracted can be divided into two categories those for burdens and those for prescription.

Burdens
If a deed is referred to for burdens the Keeper is entitled to assume that the reference is warranted in the absence of clear incontrovertible evidence to the contrary and, in these circumstances, staff should edit the text for inclusion in the D Section without further enquiry as to location. A burden omitted from the title sheet may be lost forever and the Keeper may be liable in indemnity to a party who would otherwise have had the right to enforce it. Hence where there is any doubt the burden should be included in the D Section. Therefore when the Plans settler is abstracting the deeds for burdens, if the plan is of insufficient quality to reconcile with the current OS map further time should not be spent trying to identify the subjects in the deed and the deed should be abstracted as Extent Unident. For more guidance please see Section 20 - Burden Deeds Decision Tree

There are two exceptions to this guidance

• • Burdens which require a plans reference. Where a deed referred to in an application for First Registration reveals a burden which will require a plans reference (e.g. a building line, right of access etc.) efforts should be made to establish the location in order to provide that reference. A balance should be struck between the time taken to identify the location and the inclusion of the burden followed by the following note "from the information supplied the Keeper was unable to determine on the plan the (building line , right of access etc) in relation to the subjects in this Title. When in doubt as to that balance refer to your Team Leader or Plans RO1.
  • If the major subjects comprised a composite from a number of roots of title and it is clear that the subjects being registered cannot form part of all of them staff should try to eliminate those which clearly do not apply and therefore save on the resource required having to make up unnecessary burdens entries. Here again a balance must be struck and when in doubt as to the balance refer to your Team Leader or Plans RO1.

Prescription
When registering an application the Keeper has to ensure that the applicant has a good Title free from the risk of challenge, thus ensuring that the indemnity fund will not be put at any undue risk by the Keeper registering the titles as fully indemnified when it may contain serious defects. See Section 8.11.3. Prescription

Therefore in order to prove a good title from the deeds on which prescription is stated to be founded, those deeds must be fully examined and every effort made to establish the extent of the subjects contained in the deed in order that a good title can be established. For more guidance please see Section 20 - Prescriptive Title Deeds Decision Tree

8.11.2.2 Building Lines

(See Legal Manual L10.13 Building Lines)

The Legal Settler must be informed of the relationship of the position of any building lines in relation to the building erected on the land being registered.

Notes to legal will be in the following manner: -

BUILDING LINE AFFECTS AND COINCIDES WITH THE EXISTING HOUSE FRONTAGE. (The building line on the deed plan agrees with the position of the house frontage on the OS map).

BUILDING LINE AFFECTS, NO DIMENSIONS QUOTED, BUT APPEARS TO COINCIDE WITH THE EXISTING HOUSE FRONTAGE. (No dimension is quoted in the deed or plan but the building line on the deed plan appears to agree with the position of the house frontage on the OS map).

BUILDING LINE AFFECTS BUT DOES NOT AGREE WITH THE EXISTING HOUSE FRONTAGE. (The front of the house extends in front of the building line. Supply a reference on the Title Plan (usually a blue broken line) to show the position of the building line).

BUILDING LINE AFFECTS, NO DIMENSIONS QUOTED, BUT HOUSE FRONTAGE APPEARS TO EXTEND IN FRONT OF THE BUILDING LINE. (No dimension is quoted in the deed or plan but plotting indicates that the line does not agree with the position of the house frontage on the OS map. Supply a reference on the Title Plan (usually a blue broken line) to show the position of the building line).

NOTE: A road having been widened may affect the point from which the building line is measured. It is wise to check in all cases, as an apparently correct building line may turn out to be incorrect. When such a road widening has taken place, inform the Legal Settler of this fact, and how it has changed the position regarding the building line. A reference is obviously not needed for a building line when it coincides with the development. If it does differ, a reference may be needed, but Legal staff must be consulted first. In any event, such consideration should be made before mapping.

8.11.2.3 Additional Information

Rarely, a deed referred to for title or burdens will be found not to affect at all, and will not necessarily be apparent at vet stage due to the restricted nature of the investigation carried out at that stage. Such a discovery may not materially alter the extent of registration nor will it necessarily delay the plans settling of the case. The Legal Settler should be informed that the deed does not affect, and the reason given, e.g. "the land in deed 5 forms 1-4 Spring Cottages, lying 100 feet S.W. of the SITT". However, be on your guard where it is found supposed Title deeds only adjoin the subjects being registered: check again that the mapped subjects have been correctly identified.

Helping the Settler visualise the position of the abstracted deed -

If the detail on the OS map has changed significantly since the deed plan was created and the deed only affects part of the subjects being registered, it can help the Legal Settler to visualise the position of the property if you mark, with a soft pencil, the position of the subjects being registered on the deed plan.
Alternatively, the position could be described e.g. "The land in deed 5 forms 1 - 4 Spring Cottages, lying 100 feet SW of the subjects in this title".

If the deed being abstracted comprises more than one "place", for example, 1st place, 2nd place, 3rd place etc. Inform legal which "place(s) affect the subjects being registered.
E.g. - The subjects being registered form part of the abstracted deed but are co-extensive with 2nd place.
This would be abstracted as "Deed ** - Part Of (co-extensive with 2nd place subs).

8.11.3 Prescription

When the Keeper accepts an application for registration he is in a similar position to a purchaser who has contracted to buy the subjects. Just as a purchaser's solicitor must examine the title deeds to make sure his client will obtain a good and marketable title, free from the risk of challenge, so must the Keeper examine the title deeds to ensure that the indemnity fund will not be put at undue risk by the Keeper registering, will full indemnity, a title which contains serious defects. In the exercise of this duty settlers must check that there is a valid prescriptive progress of title.

The first thing to establish is what is prescriptive progress and how to identify it. The period of positive prescription is 10 years and the foundation title must be a deed recorded in the Register of Sasines. This means that the settler must look back 10 years from the date of registration of the application and find the last title recorded before the 10 years commence. The prescriptive progress comprises that deed and the subsequent links in title, both recorded and unrecorded down to and including the deed inducing registration. If the application is a voluntary one there will be no deed inducing registration, in which case the last link in the prescriptive progress will be the applicant's title.

For example consider the following chain of title

A - Disp by A to B recorded March 1978
B - Disp by B to C recorded October 1988
C - Disp by C to D recorded February 1991
D - Disp by D to E recorded May 1997
E - Disp by E to F registered January 2001 (the DIR)

The starting point for the 10-year search back is January 2001; the date of the DIR. 10 years back from this is January 1991. The last title recorded before that is Deed B the Disp by B to C in 1988, so the prescriptive progress would comprise Deed B, C, D and E.

Plans and Legal staff's roles in examining the deeds in a First Registration application are distinct and quite different. The Plans settler's main duty is to compare the extent of the subjects defined in the title deeds with the subjects being registered in order to establish how the extent of the land sought to be registered relates to the extent of the land in the various deeds which accompany the application for registration. The Legal settler's duties are to ensure that the deeds in the application comply with various statutes and that the applicant has acquired a good Title from the lawful owner. For instance with regard to the recorded deeds the Legal settler should check to see that the grantee in the foundation writ is the granter in the next subsequent recorded title and so on down the line to the DIR. If there are any gaps there should be unrecorded links to fill them in e.g. the grantee in the foundation writ is John Smith but the next title is granted by the executors of John Smith there should be a confirmation of these executors submitted as part of the progress. In this way the Legal settler will find out if there are any missing links in the chain. The completeness of the chain can usually be checked from the search sheet

Plans and Legal examinations, while different, are complementary; Plans Settlers in the main being concerned with extent deeds whereas Legal Settlers are concerned with a much wider range of deeds many of which refer to the extent deed (REFERENCE DESCRIPTION DEEDS).

As noted previously, the Plans settlers function is to compare the legal extent as defined in the Title Deeds to the subjects being registered. To meet this requirement Plans staff will always have to obtain the extent deed which sets up the technical description of the subjects sought to be registered. In addition to this and to complement legal requirements, it will be necessary in some cases to examine the extent deed for the major area of which the subjects sought to be registered forms part.

Part of the Legal Settlers duty is to ensure that, during the prescriptive period (i.e. that the seller has recorded Title for at least 10 years), the chain of title leading to the current transaction is in order. This necessitates a check as far as the first title before the 10-year period that ends with the date of the FR and may involve an examination of the titles to major areas. In parallel with this title check the Plans Settler requires to ensure that, during same period, the extent of the subjects to be registered is consistent and in order; to meet this requirement Plans staff will always have to obtain an extent deed which is at least 10 years old unless otherwise instructed e.g. on the Research Area page or under Common Deeds Index procedures.

The following examples may help to clarify requirements with regard to deeds needed for checking of extent: -

(a) Extent Deed for the subjects to be registered falls outwith prescriptive period (i.e. is older than 10 years).

NOTE A Deeds (i) to (v) will invariably contain the same reference description e.g. "ALL AND WHOLE subjects 15 Main Street, Kirkintilloch more fully described in Disposition (vi) by G to F recorded in 1965".

NOTE B While Plans do not require to check deeds (ii) and (iii) Legal must be satisfied that chain of title to Deed (iii) (the deed which founds prescription) is in order. Actual production of these deeds can be dispensed with if the Sasine Register evidence is satisfactory.

NOTE C Deeds (iv) and (v) are not required either for the Legal Settlers title check or the Plans Settlers extent check.

NOTE D Deed (vi) must be obtained for Plans purposes so that the extent therein can be compared with the subjects being registered.

(b) Extent Deed for the subjects to be registered falls within Prescriptive Period.

NOTE A Deeds (ii) must be obtained so that the extent therein can be compared with the subjects being registered.

NOTE B Deeds (iv) and (v) are not required either for the Legal Settler's title check or the Plans Settlers extent check.

NOTE C Deeds (vi) must be obtained for Plans purposes to check that the extent of the subjects to be registered falls wholly or partly as the case may be) within the extent of the major area described in the deed - except if the deed has been indexed on the Common Deeds Index.

NOTE D While Plans do not require to check deed (iii) Legal must be satisfied that chain of title to Deed (iii) (the deed which founds prescription) is in order. Actual production of these deeds can be dispensed with if the Sasine Register evidence is satisfactory.

If prescriptive title cannot be proven for any part of the subjects being registered and the area in question has not been excepted from warrandice, then the application cannot proceed without further consideration and/or investigation has been completed. It may be that an exclusion of indemnity may have to be considered (see section 8.12.23 - Exclusion of Indemnity)

8.11.3.1 Multiple Major Areas

Where the subjects being registered are derived from more than one root of Title the appropriate information will be provided in respect of each progress of title. Where the situation is rather complex it may aid the examiner if the information is supplied in colour form on a print of the Ordnance Map or with overlay traces on these plans.

8.11.4 Research Areas

In applications where the extent of the subjects to be registered straddles the boundary of a Research Area (i.e. part of the extent falls within a Research Area and the remainder is not covered by a Research Area), the following procedure must be adhered to: -

A check will be made to ascertain if the breakaway deed refers to two or more major areas. If it does, the casebag will be checked for the deeds which include the part of the subjects falling outwith the Research Area. Plans Settlers will abstract as normal if the deeds are available.

If the deeds are not available, Plans staff will requisition the deeds (at Plans Settle stage) and abstract them accordingly. In either event the case will be referred to Legal Staff to establish if references are required.

If the breakaway deed refers only to the deed used for extent in the Research Area, the case will be passed to a senior officer to investigate the title for the remaining area. (This will be done by the Plans Settler, who will provide a print showing the extent which falls outwith/within the Research Area). The Plans Settler will be informed of any necessary references to be added to the Title Plan. Remember that where subjects straddle two Research Areas, but both areas are titles relating to the same granter e.g. SSHA, a Title problem as such does not exist. The Legal Settler needs only to be informed.

8.11.5 Servitudes

When Plans Settlers have to provide notes on servitudes granted by the Deed Inducing Registration they can be added as follows: -

The passageway coloured brown on the plan to deed 4 falls wholly within deed 7 or is co-extensive with (or forms part of) the land coloured brown on the plan to deed 2 or the line of drain marked on the plan to deed 3 falls wholly within deed 1

Where the writs that have to be examined in respect of title to servitude are not those which have already been considered in respect of the extent of the subjects to be registered, separate abstracting should be prepared and clearly labelled as referring to the servitudes.

Please see Staff Notice

8.11.6 Missing Title

This section will be updated in due course. In the meantime, please notify the editor that you require information on this topic.

8.11.7 Deeds Referred to but Not Lodged

From time to time cases will be received which do not contain all the deeds necessary to determine the extent of the subjects to be registered. Interrogation of the Common Deeds Index may assist. Occasionally copy deeds and plans may be located with Research Areas or with other titles in which case abstracting should be completed and if all is in order the application allowed to proceed normally.

However, if investigation does not reveal that the deeds have been previously seen, requisitions should be raised in the normal way with the Agent concerned requesting these deeds so that the Application may proceed.

8.11.7.1 Copy Deeds From the National Records of Scotland(NRS) [Formerly known as The Scottish Record Office (SRO]

Staff are reminded that the first port of call for any deed required to complete an application for registration is the solicitor who submits the application and not the NRS. The NRS is a separate organisation and RoS, like other customers of the NRS, pays the prescribed fee for every copy deed and colour plan requested.

Prior to ordering any deeds from the solicitor or NRS, please check the CDI Index in the DMS and LRS to see if the deed required has either been mapped as a CDI in the DMS, placed in a Plans Back Up File, or narrated as EUNP in the CDI in LRS.

If the solicitor has submitted black and white copy plans, and a duplicate plan is available, or it has been preserved in the Books of Council and Session (which will contain the colour plan) then these should also be requisitioned from the solicitor first if a colour copy is required.

Copies of Sasine deeds from 1989 onwards are available for viewing and printing on the RAC tool. Colour copies of deed plans are available on the RAC tool for those recorded in Sasines from 1^st May 2006 onwards, and for those preserved in the Books of C&S from 1^st September 2006 onwards.

In simple terms, we should only be using the NRS for copies in the following circumstances:

• where we have mislaid the deed;
• where the case is older than two years old and we have not made a requisition to the solicitor;
• where we are investigating a potential claim on the Keeper's indemnity;
• where we are investigating a competition in title; and
• where we are resolving a problem with a registered title which could lead to a potential claim on the Keeper's indemnity.

N.B.:

1. All requests should be made using the online Revenue Runner Form. Brief details of why the deed is required should be added to the comments box.

2. CX and Rectification applications should, as a general rule, contain the documents required for the Keeper to complete his investigation. If further documents are required, the    advice of a senior officer should be sought as to the appropriate route to follow.

3. Prior to 1934 copies of plans were not kept by the NRS.

Please also note that the Agency holds copies of Sasine microfiche for most counties from 1989 onwards. These copies are held within the four main production units at SMH, MBH and SVS and should be used to obtain copy deeds. 

8.11.8 Telephone And Letter Enquiries From Solicitors

All staff must ensure that details of any telephone conversations in connection with casework must be recorded.

Letters requiring replies or certain action to be taken must be dealt with timeously. Any case received that includes a letter apparently not answered must be given immediate attention.

All correspondence, details of telephone conversations etc. should be kept together (ideally in a clear plastic folder) in chronological order.

8.11.9 Requests For Court Evidence

When a member of the Agency staff exhibits or provides information from the Registers to the Police, the DSS or any other enquirer, and it seems possible that he or she may be cited as a witness to appear in any court or tribunal proceedings, they must alert the enquirer as to the very limited role they could play in such proceedings. That role would be restricted to the giving of evidence as to the fact that material was exhibited plus (if appropriate) certifying that any extract, copy or other document had been issued by the Agency. It should however be pointed out that in terms of the Conveyancing and Feudal Reform (Scotland) Act 1970 and S.6 (5) of the Land Registration (Scotland) Act 1979, official extracts and Office Copies shall be accepted for all purposes as sufficient evidence of the original. It follows that they should not require additional certification or a witness to attest to them.

Any member of staff who receives a citation as a witness in connection with information on or supplied from the Registers should inform the appropriate senior officer immediately. They will conduct any necessary liaison with the legal authorities and arrange for a background briefing if appropriate.