Application form

This guidance provides step-by-step information to help you fill out the land register application form.

Use this guidance when you’re filling in the land register application form. It applies to both paper and electronic application forms.

Under the one-shot rule, we reject applications with errors or omissions, so it’s important to make sure your application satisfies the requirements.

You can find the electronic application form at our online services portal.

You need to register to access our online services. For information on how to register, email eservices@ros.gov.uk.

If you don't have an online services login, you can download PDF forms from our website.

This guidance should be used in conjunction with:

  • the application checklist, which will help you make sure you include everything your need with your application
  • the one-shot rule checklist, which will help you identify and avoid the most common reasons for application rejection

View an example application form to use as reference.

General information

Under section 22(1)(d) of the Land Registration etc. (Scotland) Act 2012 (the 2012 Act) the Keeper will accept an application for registration where the application is in the form prescribed by land register rules. Regulation 7 of the Land Register Rules etc. (Scotland) Regulations 2014 (the Rules) prescribes the form that must be used for applications to register deeds and unregistered plots of land in the land register.

Unless the context states otherwise, any reference to a section of an Act in this guidance refers to a section of the 2012 Act.

Part A

Agent details

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 signing 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.

Notification details

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).

Payment details

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.

FAS Number – this is the number allocated to solicitors firms by the RoS Financial Accounting System for the payment of the fee.

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.

More about fees
Where the deed being registered transfers the ownership of a property, or is evidential to the transfer, then the fee that is payable is based on the consideration narrated in the deed or the value of the property (whichever is greater).

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 payment methods that are acceptable are: cheque, cash or direct debit.

Where the deed being registered creates real burdens or servitudes that require dual registration in the land register, the eform will calculate the £60 dual registration fee(s) provided the additional title number(s) are entered. The full fee should be met by the lead agent who will be submitting the application form.  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.

Application details

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)

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.

For applications submitted using the PDF version of the application form available from the RoS website, where the deed to which the application relates falls within two or more of the categories listed above please specify all the categories that apply. For example, where the deed being registered is a disposition that conveys a mix of properties that are unregistered and registered the application type field should narrate that this application is a Deed over an unregistered plot and a Deed over the whole of a registered plot. Applicants should be aware that it is only possible to select one application type on the eform. Applicants wishing to submit a deed that falls within two or more applications types should use the PDF version of the form. In the rare event that the deed to which the application relates falls within more than two of the categories listed above, any additional categories can be added in the Additional Further Information Sheet section of the form.

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.

Applicant and granter details

Please provide details of all the applicants and granters narrated in the deed being registered or, in the case of a voluntary registration, the owner of the unregistered plot of land.

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).

"Constituted", "registered", "incorporated" or "established" may be used interchangeably to mean, essentially, the same thing. Applications will not be rejected simply because the wording in the designation (in the deed or application form) uses different wording to the examples above.

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.

Part B

Plans

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)

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.

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. Where the plot of ground forms part of 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. Therefore, 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.

Common areas

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.

Register of Inhibitions

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 Registers Direct) 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 Registers Direct, 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.

Land and Buildings Transaction Tax

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

Title examination

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.

Certification in relation to links in title

A link in title (or mid-couple) is a document that shows someone has the right to property.
These documents can't themselves be registered, but where they exist they may need to be considered as part of an application for registration. 

This part of the application addresses this, and allows an applicant to tell the keeper that – where relevant - appropriate links in title are in place.This is important because the Keeper doesn't examine these documents, and they don't need to be submitted with an application. Rather, the Keeper will rely on the party submitting the application to certify that appropriate links in title are in place. The onus is on the applicant to satisfy themselves in this regard prior to submitting the application.

If appropriate links in title are not in place, this would affect the validity of the deed and registering it is likely to make the register inaccurate. The answers provided will also assist us in relation to the effect of advance notices on competing deeds.

Applicants are therefore being asked to answer the following question:

Q. Is the granter of the deed the last recorded/registered proprietor?

If this question is answered Yes the issue of links in title does not arise. In certain cases although the registered proprietor (or all the registered proprietors) may not be granting the deed the Keeper is of the view that this question may be answered Yes. The following examples may illustrate this point. 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 this question should be answered Yes. Where a deed is being granted by a company administrator, judicial factor, a person acting under a power of attorney or other authorised person who is acting in the name of the proprietor this question should be answered Yes, provided the applicant is satisfied that the granter has authority to grant the deed.

When this question is answered No the applicant will have to ensure that the appropriate links in title are in place. By signing the application form the applicant is certifying to the Keeper that the application meets the application conditions, including that the deed is valid and therefore that appropriate links in title are in place and have been examined. For the avoidance of doubt, examples of situations where this question should be answered No 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.

Where this question has been answered No and the deed that is being registered is a disposition, the following question should be answered.

Q. If no, and the deed is a disposition, is the disposition to be treated as valid by virtue of section 43(1)(prescriptive claimants)?

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.

Servitudes

This question is only applicable where the deed being registered affects an unregistered plot (first registration, automatic plot registration and voluntary registration).

Q. Is the plot of ground to which this application relates the benefited subjects in relation to any servitude?

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. The purpose of the first question is to establish if a property that is being registered in the land register for the first time has the benefit of any servitudes.

If the answer to the question is Yes, the Keeper needs to know how the servitude right was created. Where the right was created in a deed the Keeper will enter the details of the deed in the property section of the title sheet. The applicant is asked to tick the relevant box and provide details of the deed.

Where the servitude right has been created by prescription the applicant is asked to tick the relevant box. Where the servitude right created by prescription will require a reference on the cadastral map, such as a servitude right of way, 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.

When an application to register a deed that transfers the ownership of all or part of a registered plot discloses that a servitude right has been created by prescription, and this servitude is not entered into the register, the Keeper will enter the details of the servitude in the register. Evidence of the existence of the servitude should be included under 'Further information'.

Heritable securities

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.

Burdens

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

Under section 9 the Keeper must enter in the burdens section of the title sheet the following:

  • the terms of any title conditions that affect the right in land;
  • where there is a long lease which has real effect, that fact;
  • in the case of a lease title sheet, where there is a sub-lease that has real effect, that fact;
  • any public right of way over the land, so far as known to the Keeper;
  • the particulars of any path order made under section 22 of the Land Reform (Scotland) Act 2003; and
  • any other encumbrances the inclusion of which in the register is permitted or required, expressly or impliedly, by an enactment, for example, a Tree Preservation Order affecting the property that has been recorded in the Register of Sasines.

Under the terms of section 21(2), the Keeper must accept an application when she is satisfied that the general application conditions have been met. The general application conditions are set out in section 22. Section 22(1)(a) prescribes that the application is such that it enables the Keeper to comply with her duties under Part 1; this includes entering in the title sheet any of the burdens specified above. This means that the applicant must provide in the application details of any burdens that affect the plot.

Q. Is the plot of ground to which this application relates subject to any encumbrance within the meaning of section 9 (e.g. a long lease, long sub-lease, public right of way, path order, tree preservation order or any other encumbrance the inclusion of which in the register is permitted or required, expressly or impliedly, by an enactment)?

The applicant is asked to provide details of all the burdens that affect the plot. The applicant can either provide details of deeds that include burdens (or details of extant burdens) here or refer to the inventory number of the deed that includes the burdens.

Where the applicant is of the view that some of the burdens referred to in a deed are no longer extant they should disclose this under 'Further Information' in Part B of the application form.

Extension of warranty

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.

Further information

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. 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.

Declaration

The applicant or their agent is asked to add their name, signature and to date the application form. In signing the form the applicant is certifying to the Keeper that the information contained in the form is correct to the best of their knowledge and belief. In signing the form, 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.

Supplementary information

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.

Figure 1: notes on primary land use
Land use Guidance note
Residential transaction over an existing house or flat.
Commercial transaction over an existing building, office, shop etc. used as a place of business.
Land only transaction over land not for agricultural or forestry use; e.g. a house plot, a site for housing or other building development, area(s) of garden ground, etc.
Agriculture a sale of land, a farm (e.g. a farm house with 2 hectares of land or over) or farm buildings for agricultural use.
Forestry sale of existing woodland/forestry plantation.
Other a transaction that does not fall into the above e.g. lock-up garage; car parking spaces; lochs and rivers.

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.