RoS's services for solicitors

Multiple properties at once?

The Keeper offers a number of services to solicitors intending to submit applications affecting multiple properties. Using these services will minimise the likelihood of an application being rejected or cancelled and, more importantly, provide increased confidence of the registration date.

As outlined at Journal, August 2013, 9, “Getting it Right” consists of a check of forms; fees; a basic deed/schedule check, as well as a check to ensure that the title numbers narrated relate to the correct properties. This examination and the opportunity to liaise with the agent prior to submission provide a number of benefits to the solicitor and the Keeper, in the main ensuring a smooth registration process when the application is submitted. Where the number of properties is large or a more comprehensive check is required, our Business Development team can set up bespoke reports for solicitors. This attracts a fee based on the size and complexity of the report required. The information requested can be verified quickly and accurately by our team. Business Development has received positive reviews and feedback from customers, most of whom use it on a regular basis.

The Keeper encourages solicitors to use these services by contacting either the relevant intake manager or your RoS account manager. Contact details can be found on www.ros.gov.uk

Use the website first

The RoS website contains valuable information about the Keeper’s policies in relation to conveyancing problems commonly raised by solicitors with the Pre-Registration Enquiries team. Using the website (www.ros.gov.uk/professional/registration/) can save customers time, and can avoid the need to pay the statutory fee chargeable for Pre-Registration Enquiries. There are 20 topics in the FAQ section, ranging from transacting with the property of incapacitated adults to registration issues relating to the termination of leases.

A common enquiry relates to the use of a will as a link in title to avoid having to obtain formal confirmation. Of 32 such enquiries to the Pre-Registration Enquiries Team in the last year, in 29 cases the Keeper would not accept the use of the will due to the lack of words of conveyance in favour of the proposed granter of the deed (either an executor or a legatee) intended to be registered.

The Keeper’s policy is detailed in the Pre-Registration FAQs which would, if used, have saved each of these enquirers the statutory fee of £50 plus VAT. To summarise this policy, in relation to a death occurring on or after 10 September 1964, the Keeper will only accept the use of a will as a link in title where it contains a conveyance to the proposed granter of the deed (executor or legatee). Words of appointment or bequest alone are not considered sufficient. Additional evidence must also be submitted with the application, usually comprising an extract death certificate and written assurances (normally by affidavit) that the will in question is the last will of the deceased and has not been revoked.

Calling crofting communities

Efforts to encourage community applications to the Crofting Register are being stepped up. The Scottish Government has asked Registers of Scotland to engage with crofting communities to facilitate and encourage group registrations of crofts. RoS will create a new post to provide support and guidance to communities on the registration process, the preparation of suitable plans and the completion of applications. The support will include technical workshops and stakeholder meetings in crofting communities, and email and telephone support. This follows comments received from crofters seeking assistance. The two year post will be jointly funded by RoS and the Scottish Government.

Environment and Climate Change Minister Paul Wheelhouse said: “Crofting is an important part of Scotland’s history and culture, but it also has an important role to play in our future. Recognising the importance of registrations to the administration of crofting communities, I strongly urge crofting communities to work together with RoS and other crofting organisations to submit group applications to the Crofting Register.

“Establishing an accurate and legal record of all croft land boundaries that are collectively agreed has many benefits – not least limiting the potential for appeal and allowing those crofters who have registered to avoid expensive disputes over boundaries in future.”

RoS is committed to working with all parties involved in crofting to further community registration, and would welcome the opportunity to forge links with solicitors who act for communities or landlords and explain the practical assistance available. Contact: Rhona Elrick, Senior Plans Advisor, Registers of Scotland (t: 0131 528 3702, e: rhona.elrick@ros.gov.uk; w: www.ros.gov.uk).

Service standards update

• RoS has completed

100% of crofting register applications within the target of

three days

• 100%

of sasine applications have been processed within

20 days, with the average age of a sasine deed being less than

four days

• Over 11,000

transfer of part applications have been received since 1 January 2013. Of these,

99.85%

have achieved the nine month service standard