Rejection - Common Rejection Reasons and Conditions

Code	Reason	Condition of 2012 Act Not Met	Example	Suggested Wording
L02	Wrong application type/LR form used	s.22(1)(d) - application does not meet statutory requirements	DW form that should be FR/TP	The wrong application type has been selected. The application type should be [deed over part of a registered plot/deed over unregistered plot/voluntary registration/automatic plot registration]. For the type of application that you have submitted, the Keeper requires to see an application form with the necessary Part A questions completed.
L02	Wrong application type/LR form used		DW applications that have an FR or TP form	All applications for DW applications that have been submitted on an FR or TP form should be accepted as all necessary parts of the form have been completed.
L03	Witness hasn’t signed/witness not named or designed	s.22(1)(c) - application falls to be rejected under the Requirements of Writing (Scotland) Act 1995	Witness not signed	The witness has not signed the [insert deed details if not on CMS]
			Witness not named	The witness has not been named in the [insert deed details if not on CMS]
			No address for the witness	No address has been given for the witness [insert deed details id not on CMS]
			The address for the witness is incomplete	The address for the witness is incomplete.
L04	Title number(s) not narrated in the deed	s.26(1)(c) - deed does not narrate affected title numbers	Deed narrates the subjects in sasines	The deed does not include a title number. The deed narrates that the subjects are within the sasine register and the deed was executed more than 28 days since the date the subjects were registered
L04	Title number(s) not narrated in the deed	s.26(1)(c) - deed does not narrate affected title numbers	Knows that it is LR but no title number	The deed does not include a title number. Where the subjects being disponed is registered in the Land Register, any subsequent deed (more than 28 days after the title was acknowledged onto to the land register) must reference the title number.
L05	Incorrect title number(s) narrated within the deed	s.26(1)(c) - deed does not narrate affected title numbers		The deed does not include the correct title number.
L06	Signatory/attorney not named/capacity of signatory not stated	s.22(1)(c) - application falls to be rejected under the Requirements of Writing (Scotland) Act 1995	Capacity of person signing the deed for company/non-natural person not stated	The deed does not disclose the capacity in which the person signing the deed is acting.
L06			Attorney not named in the deed/testing clause	The deed is signed by an attorney, but the deed fails to provide the attorney’s name.
L07	Deeds require to evidence extent/servitudes/burdens not submitted for registration – we should source these deeds from our archives and process where we can	s.22(1)(a) - Keeper unable to comply with duties under Part I	Extent deed not submitted	Your application for registration references the following deeds for extent that have not been submitted. We have searched our records and whilst the Keeper does hold a copy of the deed, it has not been possible to establish the extent of the plot from the plan or description within the deed held by RoS.
L07			Servitude/Burdens deed not submitted	Your application for registration references the following deeds for burdens/servitudes (delete as appropriate) that have not been submitted. We have searched our records and whilst the Keeper does hold a copy of the deed, it has not been possible to establish the extent of the colour references from the monochrome plan of the deed held by RoS.
L11	Cadastral Unit Overlap	s.22(1)(a) - Keeper unable to comply with duties under Part I		The property overlaps with the subjects registered under [title number]. Please see enclosed prints showing the overlap in more detail. If you wish to proceed to register your title excluding the area of overlap then the deed will require to be redrawn to exclude the area. If you wish to have the area of overlap included in your title then you must establish the register is inaccurate and request the Keeper to rectify the register. Further information, including a standard form for rectification, can be found on our website.
L12	Extent including common areas not capable of being delineated on the cadastral map	Unregistered plot s.23(1)(d); APR/lease of unregistered plot s.25(1)(c); registered plot s.26(1)(d) - description insufficient to delineate lesser area on cadastral map	Plot unable to be identified from the extent deed	It is not possible to establish the extent of the plot being registered from the plan referred to/description contained (delete as appropriate) in the [deed type] by [granter] in favour of [grantee]. Any new plan created must meet the Keeper’s deed plan criteria that can be found here.
			Monochrome plan	It is not possible to establish the extent of the plot/colour references [insert details] (delete as appropriate) on the monochrome plan attached to the [deed type] by [granter] in favour of [grantee]. Any new plan created must meet the Keeper’s deed plan criteria that can be found here.
			Inadequate scale/floating shape	It is not possible to establish the extent of the plot because the plan referred to in the [deed type] by [granter] in favour of [grantee] is at an inadequate scale or contains insufficient surrounding detail (delete as appropriate.
			Common areas	It is not possible to establish the extent of the common areas being registered from the plan referred to/description contained (delete as appropriate) in the [deed type] by [granter] in favour of [grantee]. Any common areas to be included in the title sheet should be capable of being delineated on the cadastral map.
			Tenement steading cannot be identified	It is not possible to establish the tenement steading extent. Where the Keeper does not already have a tenement steading extent, it must be defined in the application. Any new plan created must meet the Keeper’s deed plan criteria that can be found here.
			Quantum share cannot be identified	The application contains insufficient information to allow the Keeper to establish the quantum share in the [*insert description of the common areas] pertaining to the plot to be registered. Where the application is to register a deed over an unregistered plot or a deed over part of a registered plot the deed inducing registration must state the quantum share. Where the application is to voluntary register an unregistered plot the quantum share must be added to the further information section of the application form.
L13	LBTT requirements are not met	s.22(1)(c) - application to be rejected by virtue of prohibition in an enactment		This appears to be a notifiable transaction for the purposes of Land and Buildings Transaction Tax. We have been unable to confirm that a land transaction return has been made.
L15c	Application form not submitted	s.22(1)(d) - application form does not meet statutory requirements		The deed submitted for registration covers more than one application type. You have submitted an application form for [Insert here] for the part of the application that is [whole of a registered plot/part of a registered plot/unregistered plot]. To cover the part of the application that is a [whole of a registered plot/part of a registered plot/unregistered plot] the Keeper requires a form to allow registration to proceed.
L15d	SAF form required	s.22(1)(c) - application rejected by virtue of a prohibition in an enactment		The deed that you have submitted for registration purports to generate rights/burdens that require to be recorded in the General Register of Sasines. To record these rights an appropriate sasine application form must be submitted with an application for registration.
L15e	Application must be made by the grantee	s.23(1)(a) - not applied for by grantee of deed	Applicants name missing from the form	The applicant details have not been provided on the application form.
L15e	Application must be made by the grantee	s.23(1)(a) - not applied for by grantee of deed	Applicants name on the form is different from those in the deed	The applicant details on the application form does not match the grantee of the deed.
L15f	Dependant application	Unregistered plot s.23(1)(b); APR/lease of unregistered plot s.25(1)(a); registered plot s.26(1)(a) - deed submitted for registration must be valid		This is being rejected as its registration is dependant on a previous application [xxx] that has been rejected.
L15g	Information in form differs from information in the deed/insufficient information in form/deed to proceed	s.22(1)(a) - Keeper unable to comply with duties under Part I	Discrepancy between the form and the deed	The information on the application form regarding [*insert details] does not match the information in the deed. Specify the discrepancy i.e. The form is for 10 Smith Street and the deed is for 52 Green Loan etc.
			Insufficient information provided in VR application for the Keeper to proceed	The information on the application form regarding [*insert details] is insufficient to allow Keeper to proceed.
			Reference to title number(s) for rights/burdens is insufficient for Keeper to proceed	There is insufficient information provided in the application in relation to rights/burdens (delete as appropriate). The application contains only reference to a title number(s) for rights/burdens (delete as appropriate), and the Keeper is unable to determine which deeds affect the plot being registered.
L16a	Granter/Grantee not sufficiently designed	Unregistered plot s.23(1)(b); APR/lease of unregistered plot s.25(1)(a); registered plot s.26(1)(a) - deed submitted for registration must be valid	An individual	There is insufficient information provided in the application in relation to the applicant's designation.
			Non-natural applicant designation insufficient - no company number in deed	The applicant's designation does not include the company number.
			Non-natural applicant designation insufficient - legal system under which company or other non-natural person incorporated not provided in application form or deed	There is insufficient information provided in the application in relation to the applicant's designation. The legal system under which the applicant is incorporated is not provided.
L16b	Non-constitutive deed – Title Conditions Act	Unregistered plot s.23(1)(b); APR/lease of unregistered plot s.25(1)(a); registered plot s.26(1)(a) - deed submitted for registration must be valid	Title Conditions Act - burdened/benefited property not identified	The deed purports to create new real burdens or servitudes but there has not been sufficient identification/nomination (delete as appropriate) in relation to the burdened property/benefited property (delete as appropriate).
L16b	Non-constitutive deed – Title Conditions Act		Title Conditions Act - does not use the term 'real burden' or other acceptable term	The deed purports to create new real burdens but the deed does not use the term 'real burden' or other acceptable term.
L16c	Granter no longer exists – deed in previous name of bank/building society	Unregistered plot s.23(1)(b); APR/lease of unregistered plot s.25(1)(a); registered plot s.26(1)(a) - deed submitted for registration must be valid		The deed is granted in the name of [insert details], that bank/building society no longer exists.
L16d	Deed not signed	Unregistered plot s.23(1)(b); APR/lease of unregistered plot s.25(1)(a); registered plot s.26(1)(a) - deed submitted for registration must be valid	Granter of deed has not signed deed/signed deed correctly	The granter has not signed the deed.
L16d	Deed not signed		Granter has not signed the last page of the deed	The deed has not been signed on the last page. The signatures and the whole/part of the (delete as appropriate) testing clause are on a separate page to the main body of the deed.
L16e	Plan/annexation not signed	Unregistered plot s.23(1)(b); APR/lease of unregistered plot s.25(1)(a); registered plot s.26(1)(a) - deed submitted for registration must be valid	Plan/Annexation/schedule not signed	The plan/annexation/schedule (delete as appropriate) referred to in the deed has not been signed. Include detail of the specific reason as to why the deed is being rejected i.e. the docket does not sufficiently identify the deed to which it relates’
L16e	Plan/annexation not signed		Plan/annexation/schedule not incorporated into registrable deed - not identified on its face as the plan/annexation/schedule referred to in the deed.	The plan/annexation/schedule (delete as appropriate) has not been sufficiently incorporated into in the deed. Include detail of the specific reason as to why the deed is being rejected i.e. the docket does not sufficiently identify the deed to which it relates’
L16g	Deed not in statutory style/otherwise invalid	s.21(1) and s.49 - Deed submitted for registration is a registrable deed		The deed is not capable of registration in the Land Register because
L19a	Application withdrawn	s.34(1)(a) - application may be withdrawn at the applicant's request		As per your email dated x, the above application for registration has been withdrawn under section 34(1)(a) of the Land Registration etc. (Scotland) Act" 2012.
L19b	Prescriptive claimant requirements are not met	s.43(3) - Keeper not satisfied land has been possessed appropriately	Prescriptive claimant requirements - evidence of possession not sufficient	Letter to be drafted by SCW
L19b	Prescriptive claimant requirements are not met	s.43(4) - Keeper not satisfied appropriate persons have been notified of application	Prescriptive claimant requirements - appropriate persons have not been notified	Letter to be drafted by SCW
L20a	Created in error		n/a
D1	Incorrect/Incomplete DIR scanned	s.22(1)(a) - Keeper unable to comply with duties under Part I	Wrong deed	The deed that you have submitted for registration is not [insert deed details] but a [insert information] i/e – The document that you submitted for registration is not the Disp by A to B over x but a legal report by Miller and Bryce over Y.
			Insufficient pages	The deed [insert details] would appear to be incomplete as page x is missing from the scanned image.
			Deed inducing registration not submitted.	The deed inducing registration has not been submitted.
D2	Incorrect/incomplete supporting deed scanned	s.22(1)(a) - Keeper unable to comply with duties under Part I	Wrong deed	The deed that you have submitted for registration is not [insert deed details] but a [insert information] i/e – The document that you submitted for registration is not the Disp by A to B over x but a legal report by Miller and Bryce over Y.
D2	Incorrect/incomplete supporting deed scanned		Insufficient pages	The deed [insert details] would appear to be incomplete as page x is missing from the scanned image.
D3	Supporting deed submitted but no application form.	s.22(1)(a) - Keeper unable to comply with duties under Part I		You have included the [insert deed details] in your supporting documentation. For this to be registered an accompanying application form would require to be submitted and the appropriate fee paid.
D4	DSS – Deed already registered via DSS		Duplicate app	The deed that you have submitted is already registered under [insert title number] on [insert date]