Letter: No title
I quote from your article of 16th May regarding the delay in title registrations:
“Yesterday, an RoS spokesman said the ‘vast majority’ of applications are processed in 20 days.
“He added: ‘Any open applications carry no risk to customers.
“’Registration backdates to when we receive the application. Homeowners are not restricted from selling, remortgaging or making changes to their land or property whilst the application is open.’”
These are my italics. I am involved in a transaction where, based on a clear plans report and ground plans, two plots were sold and the first deed was presented for registration on April 2021.
The neighbour presented a deed with an overlap in July 2022 and got a title sheet promptly. The Keeper is now rejecting the 2021 deed. How can she do so when the above quote says the 2021 title registration is backdated to that date? This shows the RoS spokesman does not understand the system.
Are there any others going back over the past five years that are similarly exposed?
This of course adds unpaid work for the lawyers involved who have long since put away their files pending getting the title sheet. There is supposed to be a Scottish Parliament committee looking into this but all we have seen under their watch is accumulating arrears.
As we know the arrears continue to grow. I think this is a national scandal but I see few in authority caring about it.
Iain McDonald, consultant
Gillespie Gifford & Brown LLP