This checklist covers our most common reasons for rejecting land register applications.
Use this checklist before you submit your application. Under the one-shot rule, simply reject applications containing material errors or issues.
This checklist isn’t exhaustive. We may reject your application for reasons not included here. We try to reject incorrect applications as early as possible, but we could reject your application at any stage in the process.
The application form is completed fully and correctly if:
- an application form is submitted with the application
- the correct application type is selected (eg deed over unregistered plot - FR, deed over whole of a registered plot - DW, deed over part of a registered plot - TP)
- the application form is completed appropriately, ie the necessary questions in Part B are answered
- the information on the form matches the information in the deed, ie there are no discrepancies between the names, subjects, title numbers, deed types, etc
The deed submitted for registration is valid. That is, it must be properly drawn/executed, and granter must have title/capacity to grant it, for example:
- the granter and grantee are named and designed in the deed
- the deed contains present tense operative words, eg “I hereby dispone”
- the deed and any plan/schedule annexed are signed by the granter
- any new real burdens or servitudes are validly created
As well as being valid, the deed must also be probative/self-evidencing, for example:
- the witness has signed the deed
- the witness is named and designed in the deed
- for companies the deed specifies whether a signatory is a witness, director, secretary or authorised person
Registration must not be prohibited by another piece of legislation, for example:
- the requirements for Land and Buildings Transaction Tax have been met
- dual registration is applied for where the deed creates real burdens
The correct registration fee is paid, or arrangements are in place for the fee to be paid by direct debit.
The deed must narrate the title number of each title sheet it relates to, for instance:
- the title number(s) affected by the application are narrated in the body of the deed
- the title number(s) narrated in the deed are correct
Post-intake plans examination
You must submit sufficient information to allow the creation of cadastral map entries including any deed for extent is submitted, for instance the descriptive/breakaway deed.
Plan/Description supplied with application must be capable of being mapped, eg any plan:
- provides sufficient surrounding detail (ie not floating shape)
- has clearly identifiable references (ie not monochrome)
- is to appropriate scale
- is otherwise of satisfactory quality
Tenement steading and common areas should be capable of being mapped, for example:
- for tenements, the keeper already has a tenement steading extent or your application contains sufficient information to identify the tenement steading extent. The tenement steading extent is the cadastral unit for mapping purposes, so must be defined
- any common areas to be included in the title should be capable of being mapped
Post-intake legal examination
You submit sufficient information to allow the creation of all the required title sheet entries, including:
- any deeds identified for burdens are submitted (including extent plans where necessary), or explain why not, ie the keeper has seen the deed before
- any deeds identified for servitudes are submitted (including extent plans). Even if the subjects are in a research area the servitude deeds must be submitted
- the answers to the burdens and servitudes questions on the application form are consistent with the deeds submitted.