Land Registration etc. (Scotland) Act 2012

57Application for advance notice

This section has no associated Explanatory Notes

(1)A person falling within subsection (2) may apply to the Keeper for an advance notice in relation to a registrable deed which the person intends to grant.

(2)A person falls within this subsection if—

(a)the person may validly grant the intended deed, or

(b)the person has the consent of such a person to apply.

(3)The Keeper may accept an application under subsection (1) only if—

(a)such fee as is payable in respect of the application is paid, or

(b)arrangements satisfactory to the Keeper are made for payment of that fee.

(4)If the Keeper accepts an application under subsection (1), the Keeper must—

(a)where the intended deed relates to a registered plot of land—

(i)as soon as reasonably practicable or, if the application record is not open for the making of entries, as soon as reasonably practicable on the application record next opening for that purpose, enter an advance notice in the application record, and

(ii)where (and to the extent that) section 56(1)(d)(iii) applies in relation to the notice, delineate the boundaries of the part on the cadastral map,

(b)in any other case, record an advance notice in the Register of Sasines.