S14.11 Sasine Identification of Inaccuracy in the Land Register - Servitudes

Introduction

It is a requirement of TCA that for a servitude to be properly constituted in a deed it must be recorded/registered against all of the burdened and benefited properties.

Land Register staff are instructed to omit, from a title sheet, any reference to a servitude which is not properly constituted as a result of there not being the necessary dual registration/recording of the "constitutive" deed. They are instructed to advise the applicant's agent of the reason for the omission and that an application should be made against the interest that had not been subject to simultaneous application. This should result in a subsequent application being made in either the Land Register or the Sasine Register, as appropriate. In either event, this subsequent application (if accepted) will mean that the absence of the (now properly constituted) servitude from the original title sheet is an inaccuracy in the title.

If such a constitutive deed is presented and subsequently recorded in the Sasine Register, the Post Registration team need to be informed in order that the rectification of registered titles can be considered.

How will Sasine staff be aware that the application for recording is to satisfy the dual registration/recording requirements of TCA and that it affects existing Land Register title(s)?

• Along with the SAF there is included a Notification of Inaccuracy in the Land Register form;
• Covering letter makes reference to title number(s) or identifies subjects now in the Land Register;
• Copy of the letter issued on completion of the earlier Land Register application (LR36);
• Submission of a Land Certificate.

What to do in the above situation (Sasine staff)

Complete recording process as normal, but Stop at Despatch. Forward the recorded deed and any correspondence to the Post Registration Enquiries and Amendments team in room 4N-01 in MBH. If deed is rejected/withdrawn, return deed to agent and if the deed had been forwarded to the Post Registration team, please let them know.

What to do (Post Registration staff)

If an enquiry is received requesting the addition of a servitude to a title sheet and it also includes a deed and a SAF form, pass deed + SAF to Sasine TL with cover note requesting that on completion of the recording process the deed is "Stopped at Despatch" and returned to the Post Registration team. Retain in black casebag any additional documentation submitted.

On return of the recorded deed, add it to the retained casebag and place on the Legal RO1 shelf for consideration.