Keeper’s corner

Continuing his quarterly column, Keeper Alan Ramage outlines the Registers’ policy on discharges and updates conveyancers on ARTL and Register Direct.

Business Focus

MIDLOTHIAN:  ONE YEAR ON

As the first anniversary of Midlothian going ‘live’ in the Land Register approaches, a review of the achievements of the year is appropriate.

Customer feedback indicated that speed of service and quality were key areas requiring improvement. In a bid to not only meet, but exceed, customer expectations, a better way of working was introduced. The aim was to treat the process in Midlothian as a ‘real time’ operation avoiding the building up of arrears wherever possible. If successful this would be a template which could be applied to all other Land Register counties. As the end of year one approaches a speed of service has been achieved in Midlothian which is unparalleled within the history of the Land Register.

This success has encouraged the acceleration of the roll out of this blueprint to the rest of Scotland. Slowly, but surely, turnaround times are being cut across the board for mainstream work.  This has led to the setting of shorter turnaround targets for 2002-03 across the Agency. The idea of ‘real time’ working has been exported to the Sasine Register where the speed of service is now at a level never before achieved.

It is appreciated that it is not enough to bring the Register up to speed; there is also a need for greater accuracy. To that end a wide programme of both data integrity and amendment has been established, setting high standards of achievement for staff who are committed to continuing to improve the quality of our products.

The next step involves ensuring that customers are allowed increasing involvement in the registration process and the aim is to work more closely with the legal profession to produce a more accurate product in a shorter time scale.

Contact point:  gordon.baird@ros.gov.uk  

(0131 659 6111 Ext.4555)

Practice Matters

POLICY ON DISCHARGES

There has been some confusion about the Agency policy with regard to Discharges in the Land Register particularly in respect of the fees chargeable in any given situation and the question of updating Charge Certificates. The examples set out may be helpful in spelling out this policy in greater detail.

Example 1

Application for registration of a Discharge of existing Charge, Disposition and Standard Security all submitted together with existing Land and Charge Certificates submitted as appropriate - new/updated Land Certificate and new Charge Certificate issued by Keeper.

Fees    -    Disposition    -    ad valorem

Standard Security    -    £22.00

Discharge    -    £22.00

Example 2

Application for registration of Disposition and Standard Security. Form 4 inventory reveals Discharge of existing security marked to follow. Land Certificate submitted where one exists. Discharge and Charge Certificate for existing security received within 60 days.   New/updated Land Certificate and new Charge Certificate issued by Keeper.

Fees    -    Disposition    -    ad valorem

Standard Security    -    £22.00

Discharge    -    ad valorem

Example 3

As in Example 2 but Discharge of existing security not submitted within 60 days.   Application processed by Keeper’s staff without requesting Discharge of security.   New/updated Land Certificate issued showing both existing and new security in ‘C’ Section. Charge Certificate issued for new security showing existing security as a prior ranking charge.

Fees    -    Disposition    -    ad valorem

Standard Security    -    £22.00

Example 4

Application to register Disposition and Standard Security. There is an existing security but the Form 4 inventory is not marked Discharge to follow. Keeper’s staff process application without comment. New/updated Land Certificate issued showing both existing and new Standard Securities in the ‘C’ Section. Charge Certificate issued for new security showing the existing security as a prior ranking charge.

Fees    -    Disposition    -    ad valorem

Standard Security    -    £22.00

Example 5

The scenario in either Examples 3 or 4 has happened.  It is desired to register a Discharge of the prior ranking security. Application for registration requires Land Certificate and Charge Certificate for prior ranking security to be submitted. It is not essential that the new Charge Certificate be submitted and if it is not the Keeper does not ask for it. In such a case an updated Land Certificate showing only the new security in the ‘C’ Section is issued.

Fee    -    Discharge    -    ad valorem

No fee charged for updating Land Certificate

With effect from 1 April 2002 if the Charge Certificate for the new security is submitted with the application to register the Discharge of the prior security that Charge Certificate will also be updated free of charge.

Example 6

Subsequent to the issue of an updated Land Certificate consequent upon the Discharge of the prior ranking security the Charge Certificate for the later security is submitted with a Form 8 request that it be updated. A new Charge Certificate will be issued with no reference to the prior security.

Fee     -    £25.00

It should be noted that where the Land Certificate has been updated as a result of the registration of a Discharge of a prior ranking security but the Charge Certificate for the remaining security has not, there is, strictly speaking, no need to have the latter updated.   If the Land Certificate is brought down to a date later than that of the Charge Certificate what it shows rules. If the Land Certificate which mirrors the Title Sheet contains no detail of the prior security any reference to it in the Charge Certificate can be ignored.

Contact point:  margaret.archer@ros.gov.uk

(0131 659 6111 Ext.3609)

Legal Issues

AUTOMATED REGISTRATION OF TITLE TO LAND (ARTL)

I would like to express mygratitude to those firms and institutions which took part in the ARTL pilot which came to an end on the 31 March. Over the period April to July a consultation process with those who participated in the pilot will be conducted. The results of the consultation process will be submitted to the Justice Department of the Scottish Executive along with recommendations for the future development and implementation of an automated system of registration. Anyone who did not participate in the pilot but who wishes to be part of the consultation process can get a copy of the consultation document from the Agency’s web-site (www.ros.gov.uk) or by contacting Andy Martin, the ARTL Project Manager, on 0131 479 3619 (e-mail andy.martin@ros.gov.uk).

Business Results

DATA INTEGRITY

A unit to audit, monitor and maintain the accuracy of our databases has been established.   Dedicated experienced staff have been appointed to correct anomalies within Land Certificates and to ensure that similar discrepancies do not occur in the future. All anomalies are “logged” which enables the highlighting of common areas of concern and the taking of appropriate action. A First Registration quality audit has been introduced and feedback from customers and staff is collated to identify problem areas. Comprehensive indexing guidelines have been compiled and plans and legal manuals and standard practice instructions have been updated.  A weekly Title Plan quality audit is helping to ensure that map data is accurate and reliable.

More generally 1.2 million applicants’, granters’ and proprietors’ names have been examined and validated as have the 600,000 title addresses held on the Agency’s databases. The aim is to work towards the British Address Standard (BS7666) to ensure that all address data is accurate and consistent. All new data is validated to the same standard.
Contact point:  paul.singer@ros.gov.uk
(0131 659 6111 Ext.5279)

Information Services

REGISTERS DIRECT
Registers Direct is now fully operational and is a main source of property information for a growing number of the Agency’s customers, including the legal profession, the Agency’s own Reports service, firms of private searchers and local and national government departments.

The following comments have been received:

• “Registers Direct is a valuable asset which allows an added value service to be offered to clients.”   (Robertson & Co, Solicitors, Bo’ness)
• “We find Registers Direct a convenient and useful tool when advising clients of considerations paid in recent sales for a given area.”   (Turner MacFarlane Green, Solicitors)
• “The [Registers Direct] seed search map facility is particularly useful when ascertaining details of surrounding owners and in several instances we have been able very quickly to ascertain details of surrounding burdens.”   (Semple Fraser WS, Solicitors)
• “The [Registers Direct] system has proved a particular benefit in conveyancing transactions when I have been able to carry out searches for selling clients and also, where the sellers agree, for purchasing clients.”   (Robertson & Co, Solicitors, Kingussie)

Improvements to the existing service and additional functionality are being developed.   An announcement on new services, including the facility to order searches over more than one county, will be made shortly. Suggested improvements are welcome and may
be forwarded by e-mail to customer.services@ros.gov.uk or by letter or fax to the Agency’s Customer Services Centres.

The service availability level is 99% in the year to date.  The aim is to maintain and exceed this level.

Information on this service can be obtained by visiting the Agency’s website www.ros.gov.uk and clicking the Registers Direct icon, or by contacting the Agency’s  Marketing Section
e-mail sales@ros.gov.uk
(0131 200 3947)