Pre-Registration and A Non Domino Applications
From 10 January 2011 a fee of £50 plus VAT per enquiry will be charged in terms of The Fees in the Registers of Scotland Amendment Order 2010. The invoice will accompany the response to your enquiry.
The Keeper considers that a Disposition a non domino is a legitimate way of acquiring title where the true proprietor cannot be traced. However in order to safeguard property rights the Keeper must be satisfied that no other party is being disadvantaged or deprived of their rights and that the application is not speculative, frivolous or vexatious. The Keeper therefore requires anyone submitting such an application to thoroughly research the full circumstances and if a proprietor can be identified to provide a disposition from the proprietors or their successors in title.
Pre Registration will be unable to confirm definitively what evidence is required or what evidence will be sufficient for the Keeper in relation to any particular a non domino disposition. However if an enquiry is received they will evaluate the proposed evidence and may be able to advise on what additional evidence the Keeper is likely to require. However this does not preclude further evidence being required at the time of registration.
Pre Registration has received a number of enquiries where the agent has contacted an Indemnity insurer and been advised that if they make any further investigation or attempt to contact the proprietors with a recorded title they will invalidate their insurance. The Keeper's policy will not change in these circumstances and therefore agents should consider gathering the evidence required by the Keeper before contacting an insurer. This should help to ensure that the application will not be rejected - although indemnity will be excluded.
Pre Registration will charge the usual fee in respect of this service although the Keeper will only be able to fully determine the acceptability of evidence at the time of subsequent registration or recording.
Alternatively, agents may prefer to consider the particular circumstances relating to the land they wish to register and make an application for registration or recording after gathering sufficient evidence to allow the Keeper to accept a formal application. This will attract a registration fee and may involve a cancellation fee if the evidence is insufficient.