Sifting Checklist

Burdens and Servitudes

Count the number of burden deeds referred to on the application form and in the deed inducing registration (DIR). The burden deeds to be counted will be listed in the DIR after the phrase "But always with or under…" and in the application form they will be found in the 'Burdens' section. If the same deed is referred to in the form and in the DIR, this deed should only be counted once. Enter the number of burden deeds in the 'Burden Count' box on JIRA.
- Burdens deeds must have been registered - or in the course of registration - in Sasines or Land Register. Any other deed, for example a deed recorded in Books of Council and Session, or a deed which has never been recorded anywhere, can be ignored.
Count the number of servitude deeds referred to on the application form. They will be listed on the application form in the 'Servitudes' section. Enter the number of servitudes in the 'Servitude Count' box on JIRA.
If any deeds identified by this search have a recording or registration date after 28 Nov. 2004 tick 'TCA 1' box on JIRA.
If the burdens in the DIR or on the form refer to a Deed of Conditions registered after 28 Nov. 2004, tick 'Post 2004 DOC' box on JIRA.
If any title numbers are referred to for burdens, tick 'Title number (For Burdens)' and ‘TCA 1’ box on JIRA.

Contents of Application

If the application contains a SAF form, tick 'TCA 1' and 'SAF' box on JIRA.
If the application contains any affidavits (other than Matrimonial Homes Affidavits) in the supporting documents on CMS, check to see if these are in reference to a prescriptive claimant or a prescriptive servitude, then tick either the ‘Prescriptive claimant for SAS check’ or 'Prescriptive servitude' box on JIRA.
If the application only contains a VR, and a voluntary registration plan has been submitted by the agent, tick 'VR plan' box on JIRA. This should be in the CMS supporting documents.
If the CMS case contains an application to register a new deed of conditions, tick 'Post 2004 DOC' and ‘TCA 1’ box on JIRA. This also applies to any DW applications within the case.
If the CMS case contains an application to register a new deed of servitude, tick the 'TCA 1' box on JIRA.
If the application contains a C&S1 form, tick 'C&S Request to check' box on JIRA. Check if there is an internal L29 form. If the form has already been completed by staff working in C&S, then the necessary work has already been done and you can tick 'C&S Request L29 completed (Uncheck above)' box on JIRA.

Deed Inducing Registration

If the DIR has more than one route of title, tick 'Routes of title' box on JIRA.
If the breakaway deed has a recording or registration date after 28 Nov. 2004, tick 'TCA 1' box on JIRA.
If the description of the subjects in the DIR contains an exception, tick 'Exception in DIR' box on JIRA.
If the DIR refers to a Deed of Conditions that has a recording or registration date after 28 Nov. 2004, tick ‘Post 2004 DOC’ and ‘TCA 1’ box on JIRA.
If the DIR refers to salmon fishing, tick 'Salmon fishing (AO Check)' box on JIRA.
If the DIR refers to foreshore, tick 'Foreshore' box on JIRA.
If the DIR refers to seabed, tick 'Seabed' box on JIRA.
If the DIR is disponing only minerals, tick 'Minerals' box on JIRA.
If the DIR narrates new burdens or contains a schedule with new burdens, tick 'TCA 1' box on JIRA.
If the DIR contains an exception from warrandice, tick 'Warrandice Referral (AO Check)' box on JIRA.
If the application type is FA and additional subjects are being added to an existing land registered title, tick 'Add to Additional Land' box on JIRA.
If the application type is FA and additional ownership interest is being added to a registered title and there is no pending FR/VR, tick 'Add to PI Shares only (No FR/VR Pending)' box on JIRA.

Application Form and Correspondence

If the Servitude question, Further Information, or any covering letter indicates a servitude created by prescription, tick 'Prescriptive servitude' box on JIRA.
If the Further Information or any covering letter indicates a leasehold converted to ownership, tick 'Long lease conversion' box on JIRA.
If the application form 'Certification in relation to links in title' question (version 1 form - Pre-21 March 2018), 'Title Information' question (version 2 form - Post 21 March 2018) or any covering letter indicates a prescriptive claimant application, tick 'Prescriptive claimant for SAS Check (AO Check)' box on JIRA.
If the application form 'Title Examination' question (version 1 form), 'Title Information' question (version 2 form) indicates any limitation on examination of title, tick 'Prescriptive claimant for SAS Check (AO Check)' box on JIRA.
If the Further Information or any covering letter requests amalgamation with another title and this has not been actioned, tick 'Amalgamation' box on JIRA. If the application has already been created as an FA/VA into the requested Title or it has been noted that the application is not suitable for amalgamation, you do not need to add this characteristic.
If the Common Areas question in the application form has been answered yes, tick 'Common Areas' box on JIRA. If the other subjects are in the land register, the agent will usually also include a note of the title numbers.
If it has been noted that there is a shared plot, tick 'Shared Plot' box on JIRA. This may also be referred to in the property description in the DIR or in the notes on CMS, LRS or JIRA.

VR Applications

If the application type is VA and additional subjects are being added to an existing land registered title, tick 'Add to Additional Land' box on JIRA.
If the application type is VA and additional ownership interest is being added to a registered title and there is no pending FR/VR, tick 'Add to PI Shares only (No FR/VR Pending)' box on JIRA.
If the application contains a Standard Security with APF 2 and the description in the Security indicates that the property has more than one route of title, tick 'Routes of title' box on JIRA.
If the application contains a Standard Security with APF 2 and the breakaway deed of the subjects has recording or registration date after 28 Nov. 2004 and contains real burdens, tick 'TCA 1' box on JIRA.
If the application contains a Standard Security with APF 2 and the description of the property in the Security refers to an exception, tick 'Exception in DIR' box on JIRA.
If the application contains a Standard Security with APF 2 and the description of the subjects refers to a Deed of Conditions that has a recording or registration date after 28 Nov. 2004, tick ‘Post 2004 DOC’ and ‘TCA 1’ box on JIRA.
If the application contains a Standard Security with APF 2 and the description of the property refers to salmon fishing, tick 'Salmon fishing (AO Check)' box on JIRA.
If the application contains a Standard Security with APF 2 and the description of the property refers to seabed, tick 'Seabed' box on JIRA.
If the application contains a Standard Security with APF 2 and the description of the property refers to foreshore, tick 'Foreshore' box on JIRA.
If the application does not contain a live Standard Security but the description of the property on the application form indicates that the property has more than one route of title, tick 'Routes of title' box on JIRA.
If the application does not contain a live Standard Security but the description of the property on the application form refers to an exception, tick 'Exception in DIR' box on JIRA.
If the application does not contain a live Standard Security but the description of the property refers to a Deed of Conditions that has a recording or registration date after 28 Nov. 2004, tick ‘Post 2004 DOC’ and ‘TCA 1’ box on JIRA.
If the application does not contain a live Standard Security but the description of the property refers to salmon fishing, tick 'Salmon fishing' (AO Check)' box on JIRA.
If the application does not contain a live Standard Security but the description of the property refers to seabed, tick 'Seabed' box on JIRA.
If the application does not contain a live Standard Security but the description of the property refers to foreshore, tick 'Foreshore' box on JIRA.

CMS and LRS (including Title Notes and Instructions)

If it has been noted that the subjects undergoing registration affects another title number, or another title registered affects your title, tick 'Other titles affected' box on JIRA.
If plans have instructed the settler to add a schedule of exceptions, tick 'Schedule of exceptions' box on JIRA.
If the notes on the LRS or CMS indicate that the application should travel with another case with different title numbers, tick 'Travel With' box on JIRA. If it has not already been noted on the JIRA ticket, add a comment with the applications the case is travelling with.
If there is more than one search sheet number noted on the Title Workdesk, tick 'Routes of Title' box on JIRA.
If it has been noted that a TU has been created, tick 'TU associated' box on JIRA.
Count the number of different Title numbers within the case. Enter the number in the 'Title Count' box on JIRA.

Dealings (DW)

Count the number of DW's travelling with the case. Enter the number in the 'DW Count' box on JIRA.
If any of the DW’s travelling with the case create new burdens (for example if the deed type is a deed of servitude or deed of conditions), tick ‘TCA 1’ box on JIRA. You can search for the DW application on CMS to view the DW DIR and you can check the deed type on the DW application on LRS.

If no sifting characteristics have been identified during the sifting process, tick 'Nil Return' box on JIRA.

After sifting, tick the 'Sift Complete' box on JIRA.