Land Register if the application does not comply with the  provisions of those sub-sections. However, in many cases, rather than reject an application out of hand, the Keeper will make use of the provisions of section 4(3)(b). Section 4(3)(b) provides that where an application is not accepted by the Keeper because: • it is not accompanied by sufficient evidence or information under section 4(1); or • it cannot be identified by reference to the ordnance map in terms of section 4(2)(a); or • a deed accompanying the application and relating to a registered interest does not bear the title number of the registered interest in terms of section 4(2)(d); It may, if not otherwise rejected by the Keeper or withdrawn by the applicant, be accepted by the Keeper once these provisions have been met. In this event, the date of registration remains the date on which the application was first received by the Keeper. In terms of rule 11, the Keeper may return to  the  applicant  for  amendment  any  document  relating  to  the  application.  It  is  thus  possible  for  a component part of an application to be returned for amendment without the entire application being rejected and losing its original date of registration. Where a deed is returned for amendment because it does not bear the title number, it is usually not necessary to have a new deed prepared to incorporate the title number in gremio. It is quite sufficient if the title number is clearly marked on the first page of the deed in question, preferably at the top but certainly not on the backing. The only case in which a new deed should be prepared is the case of a description by reference to the title number, under section 15(1), where the title number was given incorrectly. If the Keeper is not satisfied with the documents and evidence submitted in support of an application he can, instead of rejecting the application, request additional information from the applicant or, where appropriate,  instruct a  survey  of the subjects. In such a case, there will inevitably be a delay in the completion of that registration, but, because of the composition of the Register, the delay will affect only the title sheet or sheets relevant to the application. The Register itself will not be disrupted as would the Register of Sasines by a similar delay. It is undesirable, however, that there should be undue delay in the completion of registration. Rule 12 provides  that,  if  the  applicant  fails  to  comply  with  a  request  from  the  Keeper  to  supply  additional evidence or information or to amend a document in terms of rule 11 within 60 days of such request the Keeper may complete registration, subject to exclusion of indemnity, or reject the application. Failure to submit documents and evidence 5.18  The  Keeper  must  accept  an  application  if  it  is  accompanied  by  such  documents  and  other evidence as he may require. The applicant’s solicitor will obviously want to submit sufficient evidence to ensure that a fully indemnified land certificate is issued by the Keeper. The onus, however, is on the submitting  agent  to  ensure  that  he  meets  the  Keeper’s  requirements  as  set  out  in  the  preceding paragraphs. In practice, it is not uncommon for deeds and documents to be omitted from applications for  registration  or  to  be  marked  ‘to  follow’  on  the  Inventory  Form  4.  This  is  acceptable  on  certain occasions, the most common being when there is good cause to believe that the Keeper has already

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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