Examine Live Deeds - TP Legal First Removal

Process Steps

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

3.2 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.

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

3.4 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.

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

3.5 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.

3.6 Identify if the application is affected by the Long Leases (Scotland) Act 2012.

Check:

• if the application form or any correspondence contains a request to convert a tenant's right in a lease to ownership
• if the application contains any terminology that makes reference to the Long Leases (Scotland) Act 2012
• if the application is to register a disposition that relates to a title number in which the registered real right/interest in the title sheet is 'tenancy' or 'tenant'
  
• if the application is to register a notice or agreement in terms of the Long Leases (Scotland) Act 2012 (this may also be indicated by examining the deed).
  
  3.6.1 If the application is affected by the Long Leases (Scotland) Act 2012 or is to be referred to a senior adviser for any reason, continue with the initial examination steps and follow the steps below to refer the application to a senior adviser.
  

• • Change the category to X4
  • Refer the application to a senior adviser and include details of the referral reason.