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LAND
REGISTER
Since inception of Land Registration, we have provided guidance
to solicitors before receiving applications for registration. Guidance
can include views on defects in title, possible exclusions of indemnity,
remedial conveyancing, or additional evidence that may be required
in a given case. Requests for guidance on fairly complex matters
are normally handled by our Pre-registration Service in Meadowbank
House, Edinburgh. Call us on 0845 6070163 (local call rate).
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Property
for Sale:
When
a property is first put up for sale and that property requires
to be registered for the first time on the Land Register (First
Registration), a number of actions need to be taken to ensure
that the the process can be achieved quickly and accurately.
It is essential that the presenting solicitor describes the
property correctly (in regard to the Ordnance Survey Map),
details the subjects so that they can be identified on the
Sasine Register and also that the full names and designations
of the parties is given so that a search of the Register of
Inhibitions can be concluded.
This
ensures that:
-
Legal extents are compared with the OS map and any inaccuracies
are identified.
-
A full bankruptcy/inhibition check is undertaken on the parties
selling.
- The Sasine Register is examined for any problems that may
affect registration (40 year search).
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What We Need:
On
the first occasion any interest in land is to be registered, the
applicant or the solicitor will submit the following:
Application forms
- Form 1 for the deed inducing registration
- Form 2 for each other deed (e.g. new standard security)
- Form 4 listing all deeds affecting the application
Prescriptive progress of title including all recorded titles for
the last 10 years
All existing heritable securities
All prior deeds
Any ground burden redemption receipt (e.g. feu duty)
All documents and evidence (e.g. Matrimonial Homes Act)
Any Form P16 report
Any other relevant documentation
Intake & Examination:
This
is where we examine all the deeds and other relevant information
submitted. A "Casebag" containing all the information
is made up and all correspondence, copies of deeds and any other
information are kept in the Casebag during its progress through
the registration process. All applications are recorded, and the
Form 4 inventory is stamped and returned to the solicitor as proof
that the application has been received. The Sasine search sheet
is checked and a closing note is made indicating that a registration
is under way. The property is also identified on the OS map to signal
to Agency staff that an application has been made.
Title Sheet:
The
Land Registration system is map and computer based, with all registered
subjects indexed on the Ordnance Survey (OS) based Digital Index
Map. Each Application is stored digitally and once a Title Sheet
is created (with its own unique Title Number), a Land Certificate
is created. Similarly,
if the applicant is a heritable creditor, a Charge Certificate is
used. This is less complex than a Land Certificate and normally
comprises a single sheet giving brief details of the subjects in
the Title, the registered proprietor and the creditor. The Standard
Security creating the charge is also bound into the Certificate
along with any Ranking Agreement.
A.
Property Section
A property description, including postal address, accompanying rights
and a statement about conditions under which minerals are held if
a reservation has been made in the prior titles. If the Property
Section is silent on minerals this does not necessarily guarantee
their inclusion in the Title.
B.
Proprietorship Section
Shows the current proprietors, with designations, destination (if
any) and qualifications such as inhibitions or liferents. As these
qualifications are specialised topics they are not discussed further
in this guide. The price (if any) and dates of registration and
entry are also shown.
C.
Charges Section
Shows current heritable securities and other charges (e.g. Improvement
Grants, Bonds and Floating Charges and any Ranking Agreements) which
affect the subjects in the Title.
D.
Burdens Section
Reveals subsisting real burdens to which the property may be subject.
Relevant burdens deeds are edited to exclude burdens which can no
longer subsist e.g. those which have been superseded by law, such
as prohibitions against subinfeudation. Inclusion of a burden
does not guarantee its enforceability.
Helpful Information:
A
variety of leaflets, guides and books are available from the Agency
to guide, help and assist you in registration.
Books
& Guides
Registration of Title Practice Book with CDROM
Registration of Title Basic Guide
Leaflets
Pre-registration
Guide to Good deeds
Deed Plan Criteria
Estate Plan Approval
Land Register county map
Fees & Charges with list of deed tables
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