Fillable Form of Notication by prescriptive claimants: PC Prescriptive (Registers of Scotland)

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Form of Notication by prescriptive claimants: PC Prescriptive (Registers of Scotland)

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PC
Prescriptive Claimant
Name and address of prescriptive claimant (See note 1 for completion)
Name and address of person notied (See note 2 for completion)
Description of the land over which a prescriptive claim is sought (See note 3 for completion)
Evidence of links in title (required only where person notied under section 43(4)(b) of the Act) (See note 5 for completion)
Service (See note 6 for completion)
Applicable paragraph of section 43(4) of the Act (See note 4 for completion)
Signature of person sending notice
Date
Applicant Statement and Declaration
I swear or arm that the information contained in this notice is, to the best of my knowledge and belief, true.
This notice is sent by a person who is seeking to become a prescriptive claimant under section 43 of the Land Registration etc. (Scot-
land) Act 2012 in respect of the land detailed in the notice. This means that the person is seeking to register a disposition in their favour
in the Land Register of Scotland which, on certain other criteria relating to possession being met, will result in them becoming the
owner of the land in question. You have been notied as a person who (a) appears to be the proprietor of the land or (b) appears to be
a person who may be able to become proprietor of the land or (c) as a representative of the Crown. The notice will specify which of the
three categories you have been notied under. If you have been notied as a person who may become owner the links between the last
known owner and you will be detailed in the notice.
This notice does not require you to take any action. However, if you consider that you do own or are capable of becoming owner of the
land in question and you wish to challenge the prescriptive claim or to negotiate a sale you are advised to contact your solicitor or other
adviser.
Please note if the prescriptive claim proceeds to registration you may be notied again by the Keeper of the Registers of
Scotland. The Keeper’s notication will contain guidance on how to respond to that notication.
Explanatory Note
This explanation has no legal eect
© Crown copyright 2014
1
Form of Notication by prescriptive claimants
1. Insert the name and address of the person or persons seeking to take a disposition of the area of land. If there is an additional
address for correspondence (such as a solicitor) you may also insert this here and specify it as the address for correspondence.
2. Insert the name and address of the person being notied.
3. Describe the land in a way that is sucient to identify it. Where the land has been registered in the Land Register the description
should refer to the title number(s) of the title sheets for the plot of land or the larger plot of land of which the land forms part. Oth-
erwise it should normally refer to and identify a deed (or deeds) recorded in a specied division of the General Register of Sasines.
4. Insert whether the person is being notied under section 43(4)(a), (b) or (c) of the 2012 Act. Where notication is to the Crown in
respect of land which has or may have passed to the Crown as bona vacantia or ultimus haeres then notication is to the Queen’s
and Lord Treasurer’s Remembrancer. Where notication is to the Crown in respect of land which is or may be held by the Crown by
virtue of the regalia majora, then notication is to the Crown Estate.
5. Where notication is by virtue of s 43(4)(b) list the midcouples or links between the person with the last recorded or
registered title and the person being notied.
6. Service – Do not complete until a copy of the notice has been sent to the person being notied. Then insert “XXX has been sent a
copy of this notice by (specify the method of delivery used in compliance with regulation 18(1)(b) of the Land Register Rules etc.
(Scotland) Regulations 2014 on (date of posting) at (address in notice).
Notes for completion of the notication
These notes have no legal eect
2
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Form of Notication by prescriptive claimants: PC Prescriptive (Registers of Scotland)

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Completed 31 July 2020

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