Removing qualified matrimonial homes notes

Keeper’s policy on removing such notes from title sheets

The Journal, December 2001, page 10

In terms of Rule 5(j) of the Land Registration (Scotland) Rules 1980, the Keeper is required to insert a Statement on the Title Sheet as to the existence of any Occupancy rights under the Matrimonial Homes (Scotland) Act 1981, as amended. This policy is applied to any property where rights could arise under the aforementioned legislation. Where the appropriate evidence is received, a note is inserted to the effect that no occupancy rights subsist over the interest in land. In the absence of such evidence, a qualified note is entered on the Title Sheet disclosing that occupancy rights under the 1985 Act may exist and identifying the previous owner in respect of whom no or insufficient evidence has been received.

In order to have a qualified note removed, the Keeper requires to have the appropriate evidence submitted by way of a separate application - the type of evidence required is covered in para. 6.31 of the Registration of Title Practice Book (2nd Ed.). To date there has been some confusion as to which particular application form requires to be submitted when a Matrimonial Homes note is to be amended with either a Form 2 or a Form 5 being used. For the avoidance of doubt the Keeper wishes to make it known that a Form 2 is the appropriate form to use. Accordingly, to achieve consistency, with effect from 1 January 2002, the Keeper will require a Form 2 to be submitted along with any application for removal of a qualified note in respect of Matrimonial Homes Occupancy Rights. Applications received prior to this date, accompanied by either application form, will be accepted.