Fillable ILR Nocaon of inaccuracy in the land register (Registers of Scotland)

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ILR Nocaon of inaccuracy in the land register (Registers of Scotland)

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ILR
Nocaon of inaccuracy in the land register
To make the Keeper aware of a manifest inaccuracy in a tle
sheet or in the cadastral map in accordance with secon
80(1) of the Land Registraon etc. (Scotland) Act 2012.
Full name of applicant
Address of applicant
Name of solicitor
Address of solicitor
Email address
Reference Telephone number FAS number
Applicant and agent Details
Nocaon of inaccuracy
If an inaccuracy existed in the land register prior to 8 December 2014, then, in terms of paragraph 22 of Schedule 4 of the 2012
Act, that inaccuracy ceases to be an inaccuracy if the Keeper did not have the power to recfy under secon 9 of Land Regis-
traon (Scotland) Act 1979.
Did the inaccuracy exist in the land register prior to 8 December 2014?
If yes, give details (referring to evidence submied where appropriate) of why the inaccuracy has not ceased by operaon of
paragraph 22 of Schedule 4 of the 2012 Act.
© Crown copyright 2016
For reccaon of an inaccuracy in the land register all documentary evidence to support the
responses to the quesons below must be submied.
Is there an inaccuracy in the
tle sheet
Title number considered inaccurate
cadastral map
within the meaning of secon 65 of the 2012 Act?
(see notes 1 and 2)
Address/short descripon of subjects
1
ILR
Nocaon of inaccuracy in the land register
To make the Keeper aware of a manifest inaccuracy in a tle
sheet or in the cadastral map in accordance with secon
80(1) of the Land Registraon etc. (Scotland) Act 2012.
In terms of secon 80(1) of the 2012 Act, there must be a manifest inaccuracy in the tle sheet or the cadastral map before the
Keeper can recfy. This means that the posion must be beyond dispute - it must be more than simply probable that there is an
inaccuracy.
Is the inaccuracy manifest? Give details explaining what evidence has been submied which establishes a manifest inaccuracy.
The Keeper can only recfy a manifest inaccuracy where what is needed to recfy the register is also manifest. Where what is
needed to recfy the register is not so manifest, reccaon cannot take place. (See note 4)
What amendment to the tle sheet/cadastral map is required to correct the inaccuracy?
An inaccuracy may cease to be an inaccuracy where the provisions of Part 9 of the 2012 Act have realigned the rights of the
pares to what the register says they are. (See note 3)
Give details (referring to evidence submied where appropriate) of why the rights of the pares have not realigned to the regis-
ter by operaon of Part 9 of the 2012 Act. (See note 3)
2
1. A tle sheet is inaccurate in so far as it:
a. misstates what the posion is in law or in fact,
b. omits anything required, by or under an enactment, to be included in it, or
c. includes anything the inclusion of which is not expressly or impliedly permied by or under an enactment.
2. The cadastral map is inaccurate in so far as it:
a. wrongly depicts or shows what the posion is in law or in fact,
b. omits anything required, by or under an enactment, to be depicted or shown on it, or
c. depicts or shows anything the depicon or showing of which is not expressly or impliedly permied by or under
an enactment.
3. An inaccuracy may cease to be an inaccuracy where the provisions of Part 9 have realigned the rights of the pares to
what the register says they are. A person acquiring etc. in good faith and having possessed openly, peaceably and without
judicial interrupon for a one year period may be protected from an earlier inaccuracy in the register. In order to demon-
strate that realignment of rights has not occurred, and that the inaccuracy connues to exist, the Keeper will require a
judicial determinaon in all but exceponal cases where the maer is beyond all doubt.
4. The Keeper can only recfy a manifest inaccuracy where what is needed to recfy the register is also manifest. This means
there is either no room for doubt on what is needed for reccaon or there has been judicial determinaon on the mat-
ter. Where there is a manifest inaccuracy but what is needed for reccaon is not manifest the Keeper will add a note
idenfying the inaccuracy in the tle sheet or, as the case may be, in the cadastral map.
5. Where the reccaon would interrupt the operaon of posive prescripon the Keeper can only recfy if all those
aected consent or where the existence of the inaccuracy is judicially determined. This may apply where the entry in the
tle sheet aected by the inaccuracy is marked provisional under the prescripve claimant provisions, or in any other case
where it is evident that posive prescripon is running. If there is no consent or judicial determinaon the Keeper must
mark the relevant entry in the tle sheet provisional (if not already marked) and must enter in the appropriate secon of
the tle sheet the name and designaon of the true holder of the right aected by the inaccuracy (if such a person can be
idened).
Guidance Notes
Signature
Name
Date
Where reccaon would appear to interrupt the operaon of posive prescripon the Keeper can only recfy if all those
aected consent or where the existence of the inaccuracy is judicially determined. (See note 5)
Give details, referring to the evidence submied, to support a claim that reccaon would not interrupt a period of prescrip-
ve possession.
3
I/We enclose the documents listed on the aached page.
Enclosed documents and/or addional informaon
Enclosed documents
Agent Details
Agent’s reference
4
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ILR Nocaon of inaccuracy in the land register (Registers of Scotland)

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Completed 31 July 2020

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