Application form guide

These fields are to provide details of the deed and application type.

Application type – one or more of the following application types should be entered in this field:

• Deed over an unregistered plot – (s.21(2)(a))
• Automatic plot registration – (s.21(2)(b))
• Deed over the whole of a registered plot – (s.21(2)(c))
• Deed over part of a registered plot - (s.21(2)(c))
• Voluntary registration - (s.27)

View application types

Both the applicant and the Keeper require to know the type of application in order to establish what conditions of registration apply to the deed. The application types listed above refer to the particular conditions relevant to that type of application.

Submissions with multiple application types

If your submission contains more than one application type, you will need to create a separate eForm for each one.
For example, you are submitting a deed to the land register which is conveying subjects that are part registered plot (Dealing of the Whole) and part unregistered plot (First Registration).

You should submit these eForms alongside the live deed as a single digital submission.

This must include the alpha code for each application form.

Your application may be rejected if you do not submit as a single digital submission.

Paper applications are not possible subject to a very limited set of statutory exceptions. If you require to submit your application on paper, please contact customer services on 0800 169 9391.

Type of deed – please enter the name of the deed to which the application relates.

View a list of registrable deeds.

Under section 49(1) a deed is registrable only in so far as its registration is authorised (whether expressly or not) by an enactment. Where a deed is not narrated on the list please provide details of the enactment and section that authorises registration under 'Further Information' in Part B of the application form.  If the deed is not published in the Public and General Statutes please also supply a copy of the Title page of the Act and the relevant section.

County – please enter in this field the registration county where the property is situated. Where the property is situated in more than one county please enter all the counties.

Title number – please enter the title number(s) of the title sheet(s) to which the application relates. When using the paper form, if the deed affects more than 10 title numbers please enter the additional title numbers on the relevant additional information sheet.

When using the eform to submit an application that requires dual registration to create real burdens or servitudes, the additional title numbers affected must be entered in order for the correct fee to be calculated.  Where dual registration is required in respect of an application to register a 'deed over part of a registered plot', the title number of the part transferred will not yet be known.  Therefore, applicants using the eform to dual register such deeds, should enter the parent title number twice to ensure the correct fee is calculated.

Search sheet number(s) – please enter the search sheet number(s) for the General Register of Sasines search sheet(s) that relate(s) to the property (if known).

Development plan approval number – please enter the number allocated for the development plan approved by the Keeper for the development of which this property forms part (where applicable). Development plan approval will be in place for properties (houses and flats) that form part of a development where the plot of ground that comprises the development has been registered in the land register.

Development plan plot number – please enter the plot number allocated for the property from the development plan approved by the Keeper for the development of which this property forms part (where applicable).

Date of entry – please enter the date of entry narrated in the deed (where applicable).

Property name – please enter the name of the property, where this forms part of the recognised address for the property.

Property number – please enter the number of the property, where this forms part of the recognised address for the property.

Street name – please enter the name of the street for the property, where this forms part of the recognised address for the property.

Town – please enter the name of the city, town or village for the property, where this forms part of the recognised address for the property.

Postcode – please enter the postcode allocated for the property, where this forms part of the recognised address for the property.

Description of plot of land with no postal address – please enter a description of the property, where there is no recognised postal address.

Where the deed affects more than one property mark "X" in the field and provide details of all the properties affected under 'Further Information' in Part B of the application form.

When using the eForm, there is no requirement to provide the property details if a title number is entered.  There is also no requirement to mark "X" in the field. The eForm will automatically generate the "X" when more than one title number is entered.  Please note however, that for the application type "deed over the whole of a registered plot" no additional property address pages will be generated.

Deeds that affect multiple properties

Deed over an unregistered plot – where the deed being registered affects multiple properties that may result in a number of individual cadastral units being allocated, the property details for one of the properties should be entered here and the details of the additional properties should be provided under on the relevant additional information sheet annexed to the form

Deed over the whole or part of a registered plot – where the deed being registered affects multiple properties, the property details for one of the properties should be entered here with the details of additional properties included on the relevant additional information sheet annexed to the form.

Transfer affecting part of a registered plot – where the deed being registered transfers multiple properties that form part of the same cadastral unit and title sheet that may result in the creation of new cadastral units and title sheets, the property details for one of the properties should be entered here and the details of the additional properties should be provided on the relevant additional information sheet annexed to the form.

These fields are used to determine the fee that should be paid by the applicant, and the method of payment. Applicants should be aware that the eform automatically calculates the fee that is payable based on the information input in the 'application details' part of the application form.

Therefore, in certain circumstances the fee shown on the invoice you receive may differ from that calculated by the eform e.g. where a deed requires to be dual registered and you have not entered the additional title number(s). In these circumstances we will add a registration fee to the invoice, for each additional title affected.

Where the application type is 'deed over part of a registered plot' the title number for the part being transferred will not be known at the time the application is submitted. Therefore, in these circumstances the parent title number should be entered twice to ensure the correct fee is calculated.

Monetary consideration – where the deed being registered narrates a monetary consideration e.g. £150,000, please enter this amount here. The currency entered in this field should reflect the currency narrated in the deed.

Value – where the deed narrates a non-monetary consideration please enter the value of the subjects in this field. The registration fee that is payable is based on the value of the property in these cases.

Non–monetary consideration – where the deed being registered narrates a non-monetary consideration please enter this here. The following non-monetary considerations are recognised by the Keeper:

• Love, Favour and Affection
• Certain Good And Onerous Causes
• Certain Good Causes
• Conveyance to Beneficiary
• Counter Disposition
• By Way of Excambion
• Implement of Will
• Implementation of Agreement
• Implementation of Missives
• No Consideration
• No Grassum
• Not Applicable
• Relief of liability of demolition costs
• Reconveyance
• Settlement of Debt
• Undertake to pay debts secured and implement all personal obligations in a Standard Security
• Voluntary Registration
• Dual Registration

Annual rent/relevant rent – where the deed narrates a rent please enter the rent based on the amount narrated. In the Registers of Scotland (Fees) Order 2014, the fee for a lease is based on the "relevant rent", which means the largest amount of annual rent a lease reserves within the first ten years of its terms that can be (a) quantified, or (b) estimated, where the amount cannot be quantified at the date the application is made. The entry in the form is renamed relevant rent.

Fee – please enter the fee that is payable.

Payment method – please enter the payment method of the fee in this field. The accepted payment method is by direct debit. We do not accept payments by cheque.

The full fee should be met by the lead agent who will be submitting the application form.

These fields are to be used when an agent is presenting the application on behalf of the applicant.

Agent's reference - a reference meaningful to the presenting party should be entered. We will quote this in correspondence with the agent.

Agent's telephone number - the full telephone number of the presenting party should be entered (direct dial where appropriate).

Agent's email address - an email address relevant to the presenting party should be entered. We will use this for correspondence.

Agent's name and address - the full name and address of the presenting party should be entered.

If you are submitting an application as a non-legally qualified person, you will need to complete the keeper's identification form, and submit this with your application. If someone is completing the application form on your behalf, and they are a non-legally qualified person, an identification form will be required for you and the person submitting the application form. Failure to complete the identification form in these circumstances may lead to your application being rejected.

The identification form process helps the keeper protect against fraud, since the checks that a solicitor or licensed conveyancer would normally carry out when acting for a client will not have been done.

In all cases, please provide details of all the applicants and granters or, in the case of a voluntary registration, the owner of the unregistered plot of land.

For first registrations, the application must be made by the grantee of the disposition or the person in whose favour is the notice of title.  This restriction does not apply for deeds relating to registered plots.

Therefore, for example, applications for discharges relating to registered plots can be made by parties including the current proprietor and the borrower.

For convenience, the applicant details on forms generated through our Discharge Service are pre-populated with the name of the proprietor and this information should be changed should this be required.

Please note, a lack of clarity or conflicting information may lead to rejection.  For example, where names appear in the form and the deed, these must match.

Living applicants

Should an application contain clear information that the applicant has died or been dissolved at any time prior to the date of application, whether or not this was after the delivery of the registrable deed to the applicant, the application must be rejected by virtue of section 47(1).

For example, where a deed is granted in favour of X but the application is made by X's executors or, where a disposition is in favour of A and B and the survivor, but the application for registration of the disposition is by B alone, on the suggestion that the survivorship may have operated, in these cases the application will be rejected. This applies to all types of application and all registrable deeds.

Individual – use the fields for individual where the applicant is an individual or the applicant is acting in a fiduciary or other capacity in favour of an individual. Section 7(1)(a) provides that the Keeper must enter in the proprietorship section of the title sheet the name and designation of the proprietor. The designation should allow a party to be distinguished from others including those of the same name at the same address.

Prefix – please insert the prefix for the individual from the list below if applicable:

• Sir
• Doctor
• Duchess of
• Duke of
• Earl of
• Honourable
• Lady
• Lord
• Marchioness
• Marquis
• Reverend
• Most Reverend
• Right Reverend
• Very Reverend
• Right Honourable
• Professor
• Executors of
• Trustees of
• Guardian of

Forename – please enter first and middle name(s) of the applicant.

Surname – please enter the surname of the applicant.

Property name – please enter the name of the property where the applicant resides, if this forms part of the recognised address for the property.

Property number – please enter the number of the property where the applicant resides, if this forms part of the recognised address for the property.

Street – please enter the name of the street for the property where the applicant resides, if this forms part of the recognised address for the property.

Town – please enter the name of the city, town or village for the property where the applicant resides, if this forms part of the recognised address for the property.

Postcode – please enter the postcode allocated for the property where the applicant resides, if this forms part of the recognised address for the property.

Country – please enter the name of the country for the property where the applicant resides, if the applicant does not reside in the United Kingdom.

Non-natural person – use the fields for non-natural person where the applicant is a not a natural person, i.e. where the applicant is a company, statutory body, charity or firm, etc.

The act provides that in the proprietorship section the proprietor must be designed and in the securities section the creditor must be designed. The act provides that this designation must include some particular information for non-natural persons.

Section 113(1) provides that in the case of the land register, designation includes:

"(a) where the person designated is not a natural person -

1. the legal system under which the person is incorporated or otherwise established,
2. if a number has been allocated to the person under section 1066 of the Companies Act 2006 (c.46), that number, and
3. any other identifier (whether or not a number) peculiar to the person."

Therefore, it is imperative that the application contains sufficient detail to allow us to enter a designation that includes the information noted above.  Applicants may provide this information either in the deed, where the company number can be included in the designation of the company, or in the appropriate field in the application form. If the application does not include this information, the keeper may be unable to comply with her duties under part 1 of the act and, if that is the case, the application must be rejected.

Prefix – please enter the prefix for the non-natural person from the list below, if applicable:

• The
• Trustees of
• Trustees for the Firm of
• Partners of the Firm of
• Partners of and Trustees for the Firm of
• Trustees and Partners of the Firm of
• Diocese of

Name – please enter the name of the non-natural person.

Allocated number – where it is not disclosed in the deed that the non-natural person has been allocated a number, please enter the number here. In the case of a UK Company, enter the number allocated under section 1066 of the Companies Act 2006.

Legal system – where this is not disclosed in the deed, please enter the legal system under which the person is incorporated or otherwise established in the company number field on the application form.

The Keeper will in most cases require information about the place where the non-natural person is incorporated, for example Scotland, or England and Wales, or any foreign jurisdiction.

In some cases, the legal system under which the non-natural person is incorporated may be clear to the keeper without express mention in the deed or on the form. In such cases the Keeper will be able to comply with her statuary duties and the application will not be rejected.

Examples of such cases include:

• Scottish companies where the company number is provided in the deed or the application form and it is prefixed with "SC".
• Cases where the designation in the deed or form provides a registered office address from which the legal system may be extrapolated.
• Cases where the unique company number is included in the deed or form and the keeper is aware of the legal system under which that company is incorporated. This is likely to apply mainly to large UK or Scottish lenders who submit high volumes of deeds.

View some examples of suitable designations (not intended to be definitive or prescriptive).

Where the applicant or granter is acting in a fiduciary or other capacity, the information required on the form is the name and address of the party for whom he or she is acting and the capacity in which he or she is acting. This applies where the relationship results from a deed of trust, testamentary deed, or court appointment, etc. Examples are:

• Where the applicant is acting as the executor of a deceased person, this should be entered under individual. The words "Executor of" should be entered in the prefix field, the name of the deceased should be entered in the forename and surname field and the address of the deceased should be entered in the property field. The name(s) and address(s) of the executor(s) should be enter on the relevant additional information sheet.
• Where the applicants are the Trustees of a Club the details should be entered under non-natural person. The words "Trustees of" should be entered in the prefix field, the name of the club should be entered in the name field and the address of the club should added in the property address fields. The name(s) and address(s) of the trustees should be entered on the relevant additional information sheet.
• Where the applicants are the Trustees or Partners of a Firm the details should be entered under non-natural person. The words "Trustees or Partners of" should be entered in the prefix field, the name of the firm should be entered in the name field and the address of the firm should be entered in the property address fields. The names and addresses of the trustees or partners should be entered on the relevant additional information sheet.
• Where a Guardian or Authorised Person is acquiring property on behalf of an incapacitated adult, the details should be entered under individual. The words "Guardian of" should be entered in the prefix field, the name of the incapacitated adult should be entered in the forename and surname fields and their address should be entered in the property details. The name and address of the guardian(s) should entered on the relevant additional information sheet.

The application form introduces new questions to be answered if any of the parties to the deed being registered are an overseas entity.

The new questions are very straightforward and the application form will guide you through these.

When completing the granter and applicant details section of the application form you will be asked to enter if they are an “individual” or a “Non-natural person”.  In the case of an overseas entity select “Non-natural person”.

You will then be asked if the organisation type is a “UK Company” or “Other”.  In the case of an overseas entity select “Other”.

You will now be asked to answer the questions on whether they are an overseas entity.

Is the party an overseas entity in terms of Part 1 of the Act?

Applicants are required to confirm whether any party to the transaction is an overseas entity in terms of the Economic Crime (Transparency and Enforcement) Act 2022.

An overseas entity is a legal entity that is governed by the law of a country or territory outside the United Kingdom. A legal entity is a body corporate, partnership or other entity that (in each case) is a legal person under the law by which it is governed.

If you fall within this definition then you must answer “Yes” to this question.  If you do not fall within this definition then you must answer “No”, and you will be asked no further questions about overseas entities.

For the majority of parties (for example any natural person or UK incorporated body) it will be appropriate to answer the first part of the question “No”

Is the party subject to any of the registration and updating requirements that are, under Schedule 4 of the Act, necessary for acceptance of this application?

From 5 September 2022, where a party to the transaction is an overseas entity in terms of the Act, the applicant must confirm whether the party is subject to any of the 2022 Act registration and updating requirements necessary for acceptance of this application. Immediately following commencement of  the scheme, these registration and updating duties will typically apply to overseas entities  acquiring property however as the scheme matures and the 6 months transitional period ends, deeds granted by overseas entities including dispositions, leases and standard securities will increasingly fall within scope.  If the overseas entity is subject to these requirements then you must answer “Yes” to this question.

Where the overseas entity is not subject to any registration requirements (for example where the transaction is in pursuance of a statutory obligation or court order, or the transaction falls within the transitional period laid down by the Act) then it would be appropriate to answer this part “No”.

Prior to answering this question you must familiarise yourself with Schedule 4 of that Act and determine if the overseas entity is in scope of Schedule 4 of the Act.

For any applications submitted prior to 5 September it will be appropriate to answer this question “No”.

View guidance on Register of Overseas Entities and the role of the Keeper

Has the party complied with the registration and updating requirements that are, under Schedule 4 of the Act, necessary for acceptance of this application?

Enter the overseas Entity ID

Where an overseas entity is subject to such registration or updating requirements, the applicant must confirm that the these have been complied with and provide details of the unique Registers of Overseas Entities ID number provided by Companies House Registrar, this will be in the format of OE000001.  From 5 September 2022 the Keeper is required to reject any application for registration where these requirements have not been met.

These fields are to provide us with an email address for the granter and/or applicant for the deed that is being presented for registration.

The email addresses will be used to provide an acknowledgement to the granter and the applicant that the deed has been entered in the application record as provided for in regulation 11 of the Rules.

The email addresses will be used to notify the applicant and the granter of the deed being registered, on the application being accepted or rejected in terms of section 40(1).

The email address will be used to notify the granter of the deed that had been sought to be registered, or the application being withdrawn in terms of section 40(2).

Email address for applicant's notification – the form allows two email addresses to be supplied for the applicant to receive notifications and acknowledgements (the addresses could be for the applicant themselves and/or their agent).

Email address for granter's notification – the form allows two email addresses to be supplied for the granter of the deed to received notifications and acknowledgements, (the addresses could be for the granter themselves and/or their agent).

This question is not applicable where the deed being registered affects the whole of a registered plot. These questions should be answered for the following application types:

• Deed over an unregistered plot – (s.21(2)(a))
• Automatic plot registration – (s.21(2)(b))
• Deed affecting part of a registered plot - (s.21(2)(c))
• Voluntary registration - (s.27)

Where the application is a voluntary registration, applicants should note the following text which appears on the application form:
"For voluntary registrations where it is found that the extent the applicant is seeking to register overlaps with an existing land registered title, the extent will be restricted to exclude the overlap area"

Q. If a plans pre-registration report has been issued by RoS in connection with this application, please quote the report number.

This question is not mandatory and it is not necessary to provide reference numbers of other reports providers. If a report number is not supplied, the application may still be accepted if it meets the conditions for registration set out in sections 21 to 28, as appropriate.

If you have had a pre-registration plans report carried out and it has disclosed a conflict with existing cadastral units, please ensure that any appropriate corrective action has been taken to avoid rejection. Please also note that you can request a plans continuation report, which provides an update of any previous plans reports. This is a good option if there is a significant gap between the original report date and the submission of an application. It's available for a period of six months from the date of the original report and there is no fee for this. Only one continuation request can be made in respect of each previously issued plans report.

Q. Has all or part of the plot of ground been delineated on the cadastral map?

The purpose of this question is to establish if the plot of ground to which the deed relates forms part of a cadastral unit already registered on the Land Register. Where the plot of ground forms part of a tenement or an area owned in common, the cadastral unit number of the tenement or common area should be narrated. For the purposes of the 2012 Act, a flat within a tenement is considered to be a separate plot of ground. However, where the plot of ground being registered is a flat within a tenement that has been delineated on the cadastral map and a single cadastral unit has been allocated for the tenement, the cadastral unit number for the tenement should be quoted here.

This question is not mandatory. If a cadastral unit number is not supplied, the application may still be accepted if it meets the conditions for registration set out in sections 21 to 28, as appropriate. Applicants should note that if the deed relates to a registered plot of ground, it must include a reference to the title number.

Q. If the extent of the plot has been delineated on the cadastral map as part of an advance notice please provide the advance notice number.

This question is not mandatory. If an advance notice number is not supplied, the application may be accepted if it meets the conditions for registration set out in sections 21 to 28, as appropriate.

Q. Do the deeds submitted in support of this application include a plan or full bounding description identifying the extent of the plot to be registered?

The applicant is asked if the application includes a plan or full bounding description and to provide details of the deed containing the plan or description. Deed details can be provided at this part of the form or reference can be made to the number of the deed on the inventory.

Applicants should be aware that if we cannot delineate the property on the cadastral map then the application will be rejected and you must pay a rejection fee.

This question is only applicable where the deed being registered either affects an unregistered plot or transfers part of a registered plot.

Q. Does the deed being registered transfer any area of ground that is owned in common with another person or other persons?

The purpose of this question is to establish if the deed being registered will result in the creation of additional cadastral units and title sheets for areas of land that are owned in common. The information provided will help us to process these applications more efficiently.

This question is not mandatory. If details are not provided, the application may still be accepted if it meets the conditions for registration set out in sections 21 to 28, as appropriate.

Applicants are required to answer the RoI question on the application form in respect of land register reports or searches (whether obtained from RoS, other providers or via ScotLIS) which included a check of the RoI. Whether or not it is appropriate to obtain a search in the RoI is always a matter for an agent and their clients to decide.

Q. Is the validity of the deed to which this application relates capable of being affected by an entry in the Register of Inhibitions and Adjudications ("RoI")?

Where an application relates to a transaction or event that does not constitute an alienation of heritable property, such as the appointment of a guardian or authorised person in respect of an incapacitated adult, then it is appropriate to answer the first part of the question No.

Where the transaction or event is one that would not be prejudiced by the effect of an entry in the RoI, because it is not a voluntary act on the part of the proprietor, such as a Compulsory Purchaser Order, General Vesting Declaration, Notice of Payment of Repairs or Improvement Grant etc., then the Keeper also takes the view that it would be appropriate to answer the first part of the question No.

In all other instances, the question should be answered Yes you should proceed to answer the questions about whether or not a search in the RoI was obtained or carried out.

Q. If yes, has a search of the RoI been carried out on the granter of the deed and any party whose right has vested in the granter by virtue of any unregistered mid-couple or link in title?

If no search in the RoI was obtained by or exhibited to the applicant, whether as part of a pre-registration report or carried out using ScotLIS, then this question may be answered No. In this case the other questions relating to the RoI should also be answered No. This has no adverse consequences for the application. We will then carry out a five year search back from the date of registration, where appropriate. Under section 32, where the Keeper accepts an application for registration and the validity of the deed might be affected by an entry in the RoI, a reference to the entry in the RoI will be added to the title sheet.

If a report was obtained or a search carried out then applicants should provide the date to which the report or search in the RoI was certified correct. We will only search the period between the date given for the report or search and the date the application was entered in the application record.

Q. Did the search disclose an entry in the RoI which might affect the validity of the deed to which this application relates?

In the unlikely event that the report or search has brought to light a relevant entry in the RoI, which may affect the validity of the deed, full details of the entry should be entered on the form.

Q. Is the transaction to which this application relates a notifiable transaction in terms of section 30 of the Land and Buildings Transaction Tax (Scotland) Act 2013?

Yes or No.

Q. If yes, has a land transaction return been made, and have arrangements satisfactory to the tax authority been made for the payment of any tax payable in respect of the transaction?

Yes or No

From 1 April 2015, these LBTT-related questions must be answered for all applications submitted to RoS to register a document effecting or evidencing a notifiable transaction in the Land Register

View guidance on Land and Buildings Transactions Tax and the role of Keeper

Please note that this section only applies where the application relates to a disposition over an unregistered plot (first registrations). For all other types of application, any information relating to limitations or restrictions on the examination of title, or prescriptive claimants, should be provided in the 'Further Information' section at the end of the application form.

Q. Has there been any limitation or restriction on the examination of title?

The purpose of this question is to establish whether or not there has been any restriction or limitation on the examination of title.  In terms of section 21(2), the Keeper can only register a deed where she is satisfied that at the date of application the general application conditions and the conditions of registration are met. Where the applicant does not satisfy the Keeper, the Keeper must reject the application in accordance with section 21(3). One of the key conditions of registration, as specified in sections 23(1)(b), 25(1)(a) and 26(1)(a), is that the deed is "valid". Section 113(2) prescribes that for the purposes of the 2012 Act a deed is valid if -

"(a) by the registration applied for, a right would be acquired, varied or extinguished, or

(b) the deed is certificatory of an acquisition, variation or extinction which has taken place."

It is commonly understood that a purchaser can only receive a good title if the seller is the owner of the property. It is normal conveyancing practice for the agent acting for the purchaser to carry out an examination of the title to establish that the seller has the right and title to grant the deed, and therefore ensure that the purchaser acquires a good title to the property.

In order for an applicant to satisfy the Keeper that the deed is valid, an examination of title that is suitable for the application, should have been carried out by the applicant or their agent. Where an examination of title has not been carried out, or has been limited in some way, it may not be possible to establish beyond doubt that the deed is valid. Therefore in these circumstance the Keeper would expect the applicant to disclose where the examination of title has been restricted or limited.

Where there has been a restriction or limitation on the examination of title this may result in the application being rejected or the deed being registered but with the Keeper excluding or limiting the warranty that is given to the applicant.

If the answer to this question is 'Yes' a free text box will open up where you can add in relevant information.

Information regarding Links in Title

If the appropriate links in title are not in place, this affects the validity of the deed and registering it is likely to make the register inaccurate.

The declaration in the form, confirming the validity of the deed, is sufficient to confirm to the Keeper that the applicant is satisfied the appropriate party is granting the deed and that the appropriate links in title are in place and have been examined. Nothing else is required.

In certain cases, although the registered or recorded proprietor (or all the registered proprietors) may not be granting the deed, the Keeper is of the view that is it not always necessary for the applicant to see the appropriate links in title before submitting the application. For instance, where a title is held by two proprietors with a survivorship destination "equally between them and the survivor of them" and the deed is granted by one of the surviving proprietors, there is no issue.

For the avoidance of doubt, examples of situations where the links in title would need to be examined prior to submission of the application, include deeds granted by executors, trustees in sequestration, and trustees acting under a trust deed for creditors, assuming such granters have not completed their title by registration or recording of a notice of title.

Another example would be where the trustees granting a deed differ from those currently recorded or registered, unless those trustees are officer bearers, or where fewer trustees than those recorded/registered are granting and a survivorship destination has operated.

In cases where the validity of the deed being registered is dependent on the registration of a related deed, such as a standard security that is granted by the grantee in a related disposition, the details of this related deed should be entered in the declaration at the end of the form.

Q. Does the application relate to a prescriptive claimant?

The purpose of this second question is to identify those rare cases where the deed being registered is a disposition a non domino, meaning the rules for prescriptive claimants in section 43 apply. Where an application to register a prescriptive claim is received by the Keeper the applicant must satisfy the Keeper that the prescriptive claimant procedures have been followed. Where the Keeper is not satisfied that they have been followed, the application will be rejected.

When this question is answered 'Yes' you will be asked if the conditions of section 43 (prescriptive claimants) have been met.

Under section 6(1)(b), the Keeper must enter in the property section of the title sheet the particulars of any incorporeal pertinents, including, if there is a burdened property, the particulars of that property, in so far as known.

Q Are there any servitude rights created in deeds, which benefit the plot of ground, that are not referred to or narrated in the deed to which this application relates (for example in a split-off/break-off deed)

We will automatically include all servitude rights either described in full (narrated)within the deed inducing registration (DIR), or described in any deeds referred to in the DIR. So where a deed has merely been referred to in the DIR as containing affecting servitudes, we will include the servitudes from those deeds, in full, and there is no need to narrate them in the application form.

The purpose of the first question is to establish if there are any other servitudes that affect the plot of ground that are described in deeds that have not been mentioned in the DIR.

If your application is for a voluntary registration please answer this question 'Yes' and list all deeds that benefit the plot in the space provided.

If your application is for an application over a first registration or automatic plot registration and the answer is Yes, there will a box that opens up where you can select the relevant deeds that describe the servitude rights from the deed inventory. Alternatively, there is also a free text box where you can enter just the details of these deeds. E.g. Deed of Servitude recorded xxxxxxx. There is no need to describe the servitudes, as the details can be brought forward to the title sheet from the deeds in question.Please ensure that you submit these deeds/documents with your application, or explain why not i.e. the keeper has seen the deed before.

Please be aware that if the deed has not been sufficiently described for us to identify it, either on the inventory or in the free text box, your application will be rejected.

Q. Are there any servitude rights referred to or narrated in the deed to which this application relates, that no longer benefit the plot of ground?

The purpose of the second question is to establish if there are any servitudes described in the DIR or the deeds mentioned in the DIR or any deeds that you have listed in the previous box, that no longer benefit the plot of ground.

For Voluntary Registration applications, this only relates to any servitudes narrated in the deeds listed at the first question.

If your application is for an application over a first registration or automatic plot registration and the answer is Yes, then these should be described in full in this part of the form.

Examples

Feu Disposition granted by xxxx in favour of xxxx recorded xxxx - Servitude right of access over the ground shown coloured blue on the plan hereto, no longer benefits the plot of ground.

Disposition granted by xxx in favour of xxxx recorded xxx - Servitude right of vehicular access over the area of ground lying to the north west of the subjects, no longer benefits the plot of ground.

Disposition granted by xxx in favour of xxxx recorded xxx - Servitude right referred to in Part 3(2) of the Schedule no longer benefits the plot of ground.

Please be aware that if you do not describe the specific servitudes sufficiently for us to identify them within the relevant deeds, your application will be rejected.

Q. Have any servitude rights which benefit the plot of ground been created by prescription?

The last question is to establish if any servitudes have been created by prescription, i.e. used and possessed for 20 years, continuously, openly, peaceably and without judicial interruption and, in most cases, not created in a deed.

If the answer to the question is Yes, such as a servitude right of way, it will require a reference on the cadastral map, and the application must include a plan that shows the extent of the servitude. The plan must be of a sufficient standard to allow us to delineate the extent of the servitude on the cadastral map. The applicant should satisfy themselves that the servitude has been created by prescription and the right is exempt from challenge. Particulars of any prescriptive servitude must be included in the 'Further information' box. The prescriptive servitude should not be included in the deed inducing registration, and the plan showing the route of the servitude should also be submitted separately to the DIR.

Where, as part of an application for registration, particulars of a prescriptive servitude have been included in the 'Further information' box, there is no need for additional evidence, such as an affidavit or court decree to be exhibited with the application. By submission of the application form, which includes a declaration, the Keeper will accept that a servitude has been properly constituted.

This question is only applicable where the deed being registered affects an unregistered plot.

Under section 8(1), the Keeper must enter in the securities section of the title sheet the particulars of any heritable security over the right in land to which the title sheet relates. The purpose of this question is to direct the applicant to provide RoS with the details of any heritable securities over the right in land. This includes any other right in security over heritable property, such as notices of grant and charging orders.

The terms of section 22(1)(a), prescribe that the application is such that it enables the Keeper to comply with her duties under Part 1 of the 2012 Act, this includes entering outstanding heritable securities in the title sheet. This means that the applicant must provide in their application, details of any outstanding securities, notices of grant and charging orders that affect the plot.

Prior to an application for first registration, the Keeper recognises that in most cases a search of the Register of Sasines is carried out by an applicant's solicitor to establish what securities, notices of grant and charging orders affect the plot. This will enable the applicant to disclose in the application form the securities that affect the plot. The Keeper is aware that there may be a period of time between the date that the search was made and date the application for registration is entered in the application record, and will continue to check whether any heritable securities have entered the Register of Sasines between those dates. The question below will provide us with the information required to allow this search to be carried out as efficiently as possible.

Q. Has a search been carried out in the Register of Sasines to determine if there are any outstanding heritable securities affecting the plot of land?

This first question is to establish if the applicant has carried out a search of the Register of Sasines to establish if there are any outstanding securities affecting the plot.

If the question is answered Yes the following questions should be answered

Q. Is this search certified to the same date as the search of the RoI?

If a search has been carried out, this question is to establish if the date the search was carried out was the same date as the search of the RoI.

Where no search has been carried out, we will examine the Register of Sasines and disclose in the title sheet any outstanding heritable securities affecting the plot.

Q.  If no, please provide the date to which the last search was certified.

Where the date of the search of the Register of Sasines is different from the date of the search of the RoI the applicant is asked to provide the date of search.

Where the plot of ground is affected by an outstanding heritable security please specify the details of the security (or notices of grant and charging orders as the case may be) or the deed inventory number.

Where the plot is affected by an outstanding heritable security the applicant is asked to provide details of the deed to allow us to note it on the title sheet. The applicant can either provide details of the deed here or refer to the deed number on the inventory.

For the Keeper to be able to comply with her duty, she must accept an application as it stands where the general application conditions have been met.  This includes entering in the title sheet any and only those burdens specified in that application.

Q. Are there any encumbrances that are not referred to or narrated in the deed to which this application relates (for example in a split-off/break-off deed)?

We will automatically include all burdens/encumbrances either described in full (narrated) in the deed inducing registration (DIR), or described in any deeds referred to in the DIR. So where a deed has merely been referred to in the DIR as containing affecting burdens/encumbrances, as long as it has been submitted with the application, we will include the burdens/encumbrances from that deed, in full, and there is no need to describe them in the application form. Please ensure that you submit these deeds/documents with your application, or explain why not i.e. the keeper has seen the deed before.

The purpose of the first question is to establish if there are any other burdens/encumbrances that affect the plot of ground that are described in deeds that have not been mentioned in the DIR.

If your application is for a voluntary application please answer this question 'Yes' and list all deeds that affect the plot in the space provided.

In terms of section 9(1)(d) and (e) of the 2012 Act, there is a duty to enter into the burdens section, public rights of way in so far as known to the Keeper, and details of path orders. Public rights of way are created by common law, whereas path orders will be made in terms of s.22 of the Land Reform (Scotland) Act 2003. If there are any public rights of way or path orders affecting, they should also be added here.

If the answer is Yes, there will be a box that opens up where you can select the relevant deeds that describe the burdens/encumbrances from the deed inventory or, alternatively, there is also a free text box where you can enter just the details of these deeds. E.g. Deed of Real Burdens recorded xxxxxxx. Again, there is no need to describe the burdens, as the details can be brought forward to the title sheet from the deeds in question. Please ensure that you submit these deeds/documents with your application, or explain why not i.e. the keeper has seen the deed before.

Please be aware that if the deed has not been sufficiently described for us to identify it, either on the inventory or in the free text box, your application will be rejected.

The Keeper needs two items of information to include a public right of way or path order as a burden in a title sheet. These are: a plan showing the route that the right takes, and evidence of its existence.

This information can also be added to the free text box and you can enter details along the following lines-

"It is the applicant's understanding that a public right of way affects the route coloured X on document no. 1". This, or similarly worded statements, are sufficient to allow us to include the right, as long as it is accompanied by a plan which shows a clear line of the route that meets the Keepers deed plan criteria.

Alternatively, details of these rights might be provided through submission of a public path order with an application. Such orders will confirm the existence and location of the right of way and can also be referred to in this box.

Additionally, referring to a document in the inventory of deeds is also acceptable, and the details of the right can be brought forward to the title sheet from the deed in question. Please ensure that you submit the deed/document with your application.

Q. Are there any encumbrances referred to or narrated in the deed to which this application relates that no longer affect?

The purpose of the second question is to establish if there are any burdens/encumbrances described in the DIR or the deeds mentioned in the DIR or any deeds that you have listed in the previous box, that no longer affect the plot of ground. We will not include any of the burdens that you list here, but will include all others. So there may be a deed that has several burdens you wish to include, as well as some that you do not. You only need to list in detail those you do not want to include.

For Voluntary Registration applications, this only relates to any burdens/encumbrances narrated in the deeds listed at Question 1.

If the answer to question 2 is Yes, list the specific burdens you do not want included, as shown in these examples-

Example 1

Feu Disposition granted by xxxx in favour of xxxx recorded xxxx - The burden of right of access, in favour of 8 Brown Street, over the ground shown coloured blue on the plan hereto, no longer affects the plot of ground.

Example 2

Disposition granted by xxx in favour of xxxx recorded xxx - The burden of right of vehicular access, in favour of 8 Brown Street, over the area of ground lying to the north west of the subjects, no longer affects the plot of ground.

Example 3

Disposition granted by xxx in favour of xxxx recorded xxx - The burden of maintaining the drying green described as burden 'secundo'   no longer affects the plot of ground.

Please be aware that if you do not describe the specific burdens sufficiently for us to identify them within the relevant deeds, your application will be rejected.

Under section 73(1) (or section 74(1) as appropriate) the Keeper on accepting an application for registration will warrant to the applicant that at the time of registration the title sheet(s) to which the application relates is:

1. accurate, in so far as it shows an acquisition, variation or discharge in favour of the applicant, and
2. not inaccurate in so far as there is omitted from it any encumbrance the inclusion of which is permitted or required by or under an enactment.

There are some exceptions from this that are narrated in section 73(2).

Section 73(2) sets out a list of matters that are not ordinarily covered by the Keeper's warranty. Under section 75(1)(a), the Keeper may, if satisfied that it is appropriate to do so, grant more extensive warranty than is provided for in section 73 (or s.74), so as to cover one or more of the matters listed under section 73(2). For example, under section 73(2)(f), the Keeper does not warrant that the applicant has by registration acquired a right to mines or minerals. However, in terms of section 75(1)(a), the Keeper may warrant to the applicant that the title sheet does include minerals. In order for the Keeper to be satisfied that an extension of warranty for minerals is appropriate, the applicant would have to include with the application evidence that the applicant has acquired right to the minerals together with further evidence such as the working of the minerals.

Where an extension of warranty under section 75(1)(a) is sought, the applicant has to answer the following question:

Q. Are you applying for an extension of warranty under section 75(1)?

Applicants are asked to narrate under which subsection of section 73(2) they would like the Keeper to consider extending the warranty available under section 73(1) (or section 74(1)). For example, if the applicant would like the Keeper to warrant that the applicant has acquired right to the minerals they should make reference to section 73(2)(f).

In addition to specifying the subsection of section 73(2), the application must include evidence in line with the Keeper's published guidance. Failure to provide evidence will result in the application for the registration of the deed to be completed but with no extension of warranty.

Applicants should include in this field any additional information that may have a bearing on the registration of the deed. Any information that the applicant is aware of that may have an effect on the accuracy of the register should be disclosed here e.g. where there is imminent or ongoing court action. When the applicant is of the view that where the title deeds disclose a right that is no longer extant, that fact should be noted here.

If digital data is being submitted this fact should be noted in this field and a note of the file reference associated with the data should be included. Digital data can be submitted to assist with the mapping of the subjects based on paper plans and deeds, or in the case of voluntary registration, as an alternative to paper based plans and deeds. Please note that where an application for voluntary registration relies entirely on digital data for mapping, a PDF must be included.

View specific guidance on digital data.

The purpose of this question is to gather information on the primary land use of the plot of land. This information is used for statistical purposes by RoS and the Scottish Government. Applicants are asked to tick the box that indicates what the primary land use of the plot of land is. The answer given to this question has no effect on the application for registration.

Footnotes

1. Section 21 (2)(c) is modified by schedule 4, paragraph 11B for an application to register an assignment of registered lease over unregistered land. ↵

By checking these boxes, and submitting the form, the applicant or their agent is certifying to the Keeper that the information contained in the form is correct to the best of their knowledge and belief. The applicant is also certifying that the application complies with the general application conditions narrated in section 22 and the particular conditions mentioned in section 21(2) (or sections 27 and 28 for voluntary registration).

Applicants should note that under the terms of section 111, in submitting an application to register a deed, they must take reasonable care to ensure that the Keeper does not inadvertently make the register inaccurate as a result of a change made in consequence of it. Failure to do so may result in the applicant being liable to pay compensation to the Keeper for any loss suffered as a result.