Mapping the future

Registers page has articles on digital plan data, the title investigation service, evidencing salmon fishing titles, and an update on the fees review

15th November 2010 | Registers of Scotland

Submission of digital plan data

The use of digital data has become commonplace with the growth and development of Geographical Information Systems (GIS) and Computer-Aided Design and Drafting (CADD) software. The advantage of digital data is that it allows a plan to be replicated many times, modified and shared easily between organisations.

Digital data is a growing feature of conveyancing practice, with surveyors or mapping firms being employed to undertake a survey to determine the legal boundaries and so aid the compilation of a deed plan. The surveyor will commonly use a GIS or CADD software package to generate the digital data needed to create the plan.

At the moment, the Keeper does not require the submission of digital (CADD/GIS) data with applications to the Land Register, and providing digital data does not replace the requirement for a deed plan (prepared to our published criteria). However, the ability to share digital data allows us to combine the digital plans submitted with the systems we use to support the Land Register. In cases where the area of ground in an application for registration is large, or the delineation on the Ordnance Survey map is difficult, we particularly welcome being provided with digital data, as this allows us to process the application more efficiently as we can carefully compare the digital data with the deed plan.

If you have any questions about providing digital data to RoS, please contact Rhona Elrick rhona.elrick@ros.gov.uk or Alastair Reid alastair.reid@ ros.gov.uk.

Title Investigation Service

The Keeper has offered a Title Investigation Service to the legal community for a number of years.

Title investigation offers solicitors the opportunity to make use of the Keeper's experience and knowledge of land registration to examine title deeds and extents prior to submission of an application for registration.

The Title Investigation Service is primarily focused on those potential transactions where the underlying titles have particular complexities (many routes of title and/or many exceptions), and where clarity of the title extent and other issues would assist the conveyancing and registration process. The service looks to address some of the difficulties encountered by solicitors in the pre-registration environment where issues with extent, underlying titles, indemnity or other title issues may have an adverse effect on an application for registration. The service provides early identification of potential title problems and guidance on any remedial work or actions required prior to submitting an application for registration.

The aim of the service is to reduce the costs incurred by solicitors, their clients and the Keeper in dealing with title discrepancies after an application for registration has been received.

The service is chargeable, is subject to availability of resource and operates to an hourly rate. For further details, please contact: Stuart Payne (t: 0131 528 3718 (direct); e: stuart.payne@ros.gov.uk).

Evidencing salmon fishing titles

Registration staff are encountering problems in processing a significant proportion of the applications to register salmon fishing titles because the guidance given in para 6.102 of the Registration of Title Practice Book (2nd ed) is not being followed.

The Keeper requires the following to be submitted to support an application for salmon fishings:

evidence of prescriptive possession;
evidence of alienation from the Crown; and
a description or plan supported by a valid progress of title that enables the extent to be mapped on the Ordnance Survey map.

Lack of any of these results in registration staff having to seek clarification and delays registration.

Salmon fishing titles are often complex titles or part of a complex title. In light of the new standover policy ("Get it right first time", Journal, June, 13), it will assist both agents and the Keeper if the evidential requirements are restated.

An expanded guidance note is available on the Journal online (www.journalonline.co.uk/extras) and is also available on our website, ros.gov.uk .