The Land Registration (Scotland) Rules 2006

PART III REGISTRATION OF INTERESTS IN LAND AND NOTING OF OVERRIDING INTERESTS AND ENTRY OF ADDITIONAL INFORMATION

Application for registration of interest in land

9.—(1) Subject to paragraphs (3) and (4) any application for registration shall be made by the person in whose favour a real right will be created or affected by registration and such an application may be made using the ARTL System in accordance with Rule 10 or otherwise shall be on the following forms–

(a) Form 1, where the application is for first registration;

(b) Form 2, where the application is for registration of a dealing (other than the transfer of part of a registered interest in land); or

(c) Form 3, where the application is for registration of a transfer of part of a registered interest in land.

(2) An application for registration otherwise than using the ARTL System shall be accompanied by an inventory of the writs relevant to the application on Form 4.

(3) Where an application for registration is an application for dual registration the application may be made by any person who has the right to the land which in terms of the application is to become a burdened or a benefited property.

(4) Where an enactment or an Act of the Scottish Parliament permits an application for registration to be made by a person that person may make such application.

(5) Paragraph (1) shall apply to an application made by virtue of paragraphs (3) or (4) for the purposes of determining on which form the application shall be made.

Application for registration using the ARTL System

10.—(1) An application for registration using the ARTL System may be made only by an authorised user.

(2) An application for registration of a dealing (other than the transfer of part of a registered interest in land) using the ARTL System shall be made by providing such of the information required in Part A of Schedule 2 and answers to such of the questions in Part B of that Schedule as are relevant to the particular application.

Withdrawal by applicant of application for registration

11.  An application for registration may be withdrawn by the applicant before the completion of registration.

Return by Keeper of document for amendment

12.  Subject to rule 13, where an application for registration is not accepted by the Keeper on the grounds that it does not comply with section 4(1) or (2)(a) or (d) of the Act, but has not been rejected by the Keeper or withdrawn by the applicant, the Keeper may return any document relating to the application to the applicant for amendment in order that the application may be made so to comply.

Failure by applicant to respond to Keeper’s request

13.  Where the applicant, having been requested by the Keeper to supply documents and evidence in accordance with section 4(1) of the Act or to amend a document in accordance with rule 12, fails to do so, the Keeper after the expiry of such reasonable period of time as may be fixed by the Keeper and intimated to the applicant, being not less than 60 days, may either complete registration, subject to exclusion of indemnity, or reject the application.

Application for noting of overriding interest or for entry of discharge of overriding interest or of additional information

14.  An application for–

(a) the noting of an overriding interest in terms of section 6(4) of the Act;

(b) the entering of–

(i) the discharge of an overriding interest in terms of rule 7(1)(e); or

(ii) additional information entered in terms of section 6(1)(g) of the Act; or

(c) the deletion of a note or an entry made, respectively, under paragraph (a) or (b) of this rule,

shall be on Form 5.