FOI release: A non domino applicationsPublished: 20 June 2022
Freedom of information class: How we deliver functions and services
Information request under the Freedom of Information (Scotland) Act 2002 (FOISA).
FOI reference: CW-2022-070
Date received: 16 February 2022
Date responded: 13 March 2022
The number of a non domino applications that have been accepted per year since the Land Registration Etc (Scotland) Act 2012 came into force. If you can I'd also like to hear the total number of said applications made per year, and how long on average they take to process.
The Land Registration etc. (Scotland) Act 2012 ("the Act") provides a statutory framework for the registration of dispositions a non domino. A prescriptive claimant is the term used for a person entered in a title sheet as holder of a right. The prescriptive claimant provisions are contained in sections 43 to 45 of the Act.
The only way to ascertain if an application is on behalf of a prescriptive claimant is via the application form and we are unable to run reports based on application forms. Section 44(1) of the 2012 Act provides that upon accepting a prescriptive claimant application the Keeper must mark any resulting entry as provisional. These types of application can therefore be identified by locating registered titles with a section 44(1) provisional note.
The section 44(1) note is an almost perfect proxy for an a non domino disposition, but the note technically covers deeds granted by or against prescriptive claimants which may or may not be a non-domino dispositions. All applications identified through the method outlined above have therefore been manually checked, and we can confirm that they all comprise a non domino applications within the scope of your request.
Please note that we do not hold information relating to rejected prescriptive claimant applications. These are very likely to be negligible as the prescriptive claimant application process is designed to identify objections before they reach RoS.
The figures noted below relate to those registered titles which have the section 44(1) provisional note and that have been manually checked for confirmation.
Number of these applications made each year since the 2012 Act came into force
|Year||Number of titles with Section 44(1) notes|
* The Land Registration etc (Scotland) Act came into force 8 December 2014
Average time to process one of these applications
The average number of days between receipt and completion is 353.
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