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  4. Letter: rejections – compounded by delays

Letter: rejections – compounded by delays

10th April 2017 | property (non-commercial)

Following my letter (Journal, February, 6) regarding Registers of Scotland’s rejections policy, I have had several emails agreeing that rejections seem to be based on “rote” rather than good sense. I have asked Registers to explain the legal basis on which they reject minor mistakes in forms accompanying valid and sufficient deeds. At the time of writing, I have had no such explanation.

One concern raised with me is the length of time taken by RoS to reject first registrations. A rejection many months, and sometimes over a year, after the application seems not uncommon. While we all accept that a rejection can be made at any time during the process, the time taken can have a serious knock-on effect. I have heard of a case where a company granted a disposition and in the ensuing months was dissolved. RoS then rejected the application and required that the deed be amended and signed again – leaving the solicitors scratching their heads as to how this could be done.

It seems only a matter of time before a solicitor faces a claim on the Master Policy and/or a complaint to the SLCC following RoS’s delay in registering applications.

Ceri Williams, Williams McRae, Cupar

 

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