Once you have decided to use the Court, the first step is to make an application. It is a helpful feature of the Land Court that once the application is in, the Court guides the parties through all the subsequent proceedings by making suitable orders at each stage, saying what has to be done.
How do I make an application to the Court?
You must make your application in writing, on a form provided by the Court. You may download a suitable application form from this web site. If you need guidance in choosing the appropriate form, please contact the Court office. You may complete the application form yourself, or you may have a solicitor or other agent complete it on your behalf.
At the same time as completing and lodging an application form, you must complete in identical terms a certified copy form, which you can obtain from the offices of the Court at the same time as the principal form. This certified copy form will be sent by officials of the Court to the other party or parties to the application.
Where there are more than twenty respondents (other parties), the application may be notified in a newspaper advertisement if you so request. The Court will issue a formal Order to you, setting out the exact wording to be used in the advertisement and details of which newspaper is to be used. Normally the advertisement has to be placed in the newspaper for two successive weeks, and you will be responsible for the costs incurred in respect of the notice.
Your application should set out clearly the nature of the decision you seek, and details of the asserted facts relating to the dispute. You need to make it clear to the Court and to the other parties exactly what the dispute is about. Include any relevant maps, plans or other documents (known as productions) with your application.
Your application must be sent to the Court offices as indicated on the form. You must send the appropriate fee with your application in order for it to be processed by the Court.
What happens next?
The Court normally acknowledges applications within one week of receipt. Thereafter the Court may ask you for further details or clarification if the application is in any way unclear or incomplete.
The Court will then notify the details of the application to the other party (or parties), and will invite them to give their response: that is, their answers to the matters raised in the application. Normally, the Court will then ask you to give a reply to any responses received. This process may be repeated until the stage is reached when the application is ready to be heard.
Copyright 2002, The Scottish Land Court
