This blog post is by Wendy Georgeson, Senior Registration Officer, Registers of Scotland
One of the fundamental aspects of first registration in the land register is that the plot of land being registered must be mapped onto the cadastral map. Any application for first registration must, therefore, contain a sufficient description of the plot. This means the extent deed becomes the cornerstone of any first registration application.
The extent deed may be the disposition being registered, or it may be the prior breakaway disposition. In any case, it will contain a description of the plot, often by reference to a plan.
Applications are frequently rejected because the extent deed has not been submitted, particularly where the extent deed is the prior breakaway disposition. There are three points to remember in order to avoid rejection:
- Even where the plot is in a research area (meaning we’ve examined certain deeds affecting an estate or development before), the extent deed must still be submitted. We only examine common deeds as part of research area preparation. Therefore, the breakaway deeds relating to individual properties will not have been seen before.
- Even where the extent deed has been seen as part of a plans report request, the extent deed must still be submitted with the subsequent application for registration. In order to be accepted for registration, the application must contain a sufficient description of the plot. This means the extent deed is always required, whether or not a plans report has previously been obtained.
- Where the extent deed does not contain a plan suitable for registration, a new deed plan should be prepared and annexed to the disposition being registered. In such cases, you must ensure that the description in the disposition makes reference to the new plan. If the description refers only to the earlier extent deed, this could lead to rejection.