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Letter: why so many rejections?

13 Feb 17

Time for a review of the Keeper's policy

There is increasing discontent with the rejection practice being adopted by Registers of Scotland. I can find no colleague who thinks that the profession is being well served by this, and the increasing refusal to accept the slightest error, however de minimis, is damaging.

I have many examples, the latest of which is a rejection letter because the address of the applicant on the form stated that they lived at “XXX Farm” rather than “XXX Farm House”. The address on the disposition is correct. I fail to see how the former address of an applicant containing a small “error” on an application form (which is itself not registered) can affect the integrity of the register.

For what it is worth, I have looked at the legislation and all I can find is that the Keeper must register a deed if it is valid and accompanied by the prescribed form. I can find no reference that allows the Keeper to reject an application because of a (small) error in the form. I accept that a fundamental error in the form might trigger a rejection, but even then, I cannot see the legislative basis for this. It would be interesting to seek opinion to see if the Keeper is acting lawfully in adopting this practice.

Ceri Williams, Williams McRae, Cupar
Mr Williams wrote in similar terms to the Society, and it is understood that the Property Committee will this month consider whether to seek a review of the Keeper's policy. – Editor
 

 


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