unless a duplicate plan was ingiven. Even then plans were still not copied if they exceeded certain dimensions. Although attempts are made by the new area preparation staff to obtain the original deed plan in those circumstances it is not always possible to trace the original deed. In  practice  it  is  suggested  that  a  solicitor,  when  dealing  with  a  property  which  forms  part  of  a development  comprising  ten  or  more  units,  should  proceed  on  the  basis  that  the  Keeper  will  not require to see common titles or common burdens writs. These common writs should, however, still be listed on the Form 4. When dealing with a property which does not form part of a development comprising ten or more units the common titles must be submitted to the Keeper on first registration. Once examined, the Keeper  will  stamp  such  deeds  ‘Examined’.  Solicitors  should  note  that  only  the  original  deed,  as opposed  to  National  Archives  of  Scotland  (formerly  Scottish  Record  Office)  copies  or  simple photocopies, will be so stamped. Any common deed stamped in such a way need not be re-submitted in connection with any other application for first registration. Such deeds must, however, be listed on the Form 4. Documentation to be submitted with an application for dealing with a whole registered interest 5.14 An application for registration of a dealing with a registered interest should be accompanied by: 1.   Application forms. A separate application Form 2 will be required for each deed or document presented for registration. 2.   Inventory.  An  inventory  (Form  4)  in  duplicate.  The  inventory  must  list  all  relevant  documents, whether submitted or not. 3.   The relevant fee. The fee payable in respect of an application for registration of a dealing with a registered interest must be pre-paid. If it is not, the Keeper will reject the application and return it to the submitting agent. 4.   Land and charge certificates. The  relevant land certificate and any relevant charge certificate.  The charge certificate should only be produced in cases where the transaction is a dealing with a heritable security over registered subjects. Note 1: In terms of rule 9(3), the certificate of title must always be produced to the Keeper with any application for registration of a dealing affecting a registered interest unless, in terms of rule 18, the applicant can show good cause for failure to produce it. For the purposes of rule 18, good cause  includes  situations  where  the  certificate  has  been  lost  or  destroyed  or  is  otherwise unobtainable or, in the case of a land certificate, is held by a heritable creditor. Note 2: In terms of rule 9(3) the charge certificate must be submitted to the Keeper along with any application for registration of a dealing with a registered heritable security. Except on good cause shown, the land certificate should also be submitted along with the application even if the debtor’s interest is not directly affected by such a dealing. This requirement is to enable the land certificate to be updated to reveal the effect of the dealing. The fact that the land certificate is in the hands of a prior creditor is good cause for not submitting it to the Keeper.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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