Some advice from Registers of Scotland's sasine team on points that can cause difficulty
Multiple property/county sasine deeds
The Sasine Register records more than 50,000 deeds a year. Some of these deeds cover a large number of subjects that may be spread over multiple counties. Given that each sasine application must be processed in chronological order, such large deeds can cause a delay in the recording of all the deeds presented after it.
If you are applying to record deeds with more than 100 subjects or deeds that cover property in more than one county, we can offer you an upfront vetting service. If you are about to prepare such a deed, please contact Stuart Thom (0131 479 3646) or Sheetal Mehra (0131 528 3858) to discuss the best format for presentment.
The aim of this check is to ensure that the deed would not require to be returned for amendment when presented for recording. This mirrors a similar service provided by the Land Register intake team. There is no additional charge for this service.
Completing the sasine application form
The Sasine Application Form (SAF) Guidance Notes have been updated to provide clear and concise information on how to fill in a sasine application form. The notes can be found under “Forms” at: www.ros.gov.uk/professional/ index.html They provide examples of how certain fields – such as applicants and granters – need to be completed.
We would ask you to pay particular attention to boxes 8, 9 and 10 on the SAF as we have found that errors in these areas cause a considerable number of sasine intake rejections. Boxes 8, 9 and 10 deal with preservation and execution requests. For standard sasine recordings the answer to these questions should be “No,” “No” and “0.” If the deed is to be preserved at the National Archives, then either box 8 or 9 should be marked “Yes” and the number of extracts noted in box 10, and remember to submit the additional fees.
The SAF is the solicitor's instruction to the Keeper and must be completed as fully and accurately as possible. The instruction given on the SAF to record in a particular county will be followed to the letter and the deed will be presented in the county marked on the SAF. However, if the county in gremio is different, the deed will have to be withdrawn from the Register.
Care should also be exercised in determining whether recording in the Sasine Register or registration in the Land Register is the correct course of action, as presentment to the wrong register will result in rejection.
Fee changes – 10 January 2011
New fees come into effect on 10 January 2011. We have created a special micro-site as the major part of our support to customers and stakeholders.
The site will provide all the information you need to understand the new fees and how to avoid being charged for rejections. The site is called “Getting it Right”: ros.gov.uk/gettingitright
This tab can be found on both the professional and public sections of our website. The fee calculator has also been updated.
As well as the micro-site, we have also issued four new Registers Updates to cover all the changes. They are: Registers Update 30 – Fee Changes; Registers Update 31 – Pre-registration Enquiries; Registers Update 32 – Personal Presentments; and Registers Update 33 – Rejections.
The Updates can be downloaded from our website ros.gov.uk/updates/ if you have not received them in the mail.
ARTL UPDATE – as at 10 Dec 2010
- 35,013 transactions have taken place
- 519 solicitors’ firms are currently on the ARTL system
- 26 lenders are currently on the ARTL system
- 13 local authorities are using the system.
For up-to-date information and a full list of participating practices and companies, go to: ros.gov.uk/artl