Prior approval requirement dropped for voluntary registration of title

Applications for voluntary registration of title in the Land Register of Scotland no longer require the prior approval of the Keeper, under a change of policy at Registers of Scotland effective from this week.

Instead the Keeper expects the following checks to be carried out prior to an application for registration being submitted:

• title to have been fully examined;
• that there are no boundary disputes;
• the exact extent of title determined so as to enable the subjects to be mapped;
• a registration fee based on the full market value of the subjects;
• submission of a copy of the relevant extent deeds, all necessary burdens deeds and any other enclosures usually required with an application for registration;
• a Form 1 application form completed for each deed to be registered;
• the term "Voluntary Registration" included in the non-monetary consideration field on the Form 1; and
• preparation of a Form 4 inventory of writs in the normal fashion.

A decision on any aspect of an application will only be made after its submission, and the Keeper continues to have an absolute discretion to refuse or accept applications for voluntary registration.

Further requisitions and clarifications may be necessary, and an application may be rejected at the point of receipt if it does not meet the basic requirements for acceptance on to the application record at intake stage, or cancelled later following the detailed checks at the plans and legal examination stage of the registration process if the statutory requirements for registration are not met.

Registers' title investigation service is available, for a charge, to help deal with cases of doubtful extent or title prior to submitting an application for voluntary registration.