Discharge of outstanding heritable security 5.30  As part of a transaction which induces first registration, an existing standard security (i.e.  one recorded in the Sasine Register) may have to be discharged. Strictly speaking, the discharge should be recorded in the Sasine Register and also listed on the Form 4 accompanying the application for first registration. However,  there  is  no  need  to  present  the  discharge  for  recording  in  the  Sasine  Register  (and consequently to endorse a warrant of registration on it). On completing first registration the Keeper will give effect to the discharge, provided it is submitted with the application for first registration and is included in the Form 4 inventory accompanying that application. Similarly, if the interest secured is already registered, on a subsequent sale, a separate application for registration of an accompanying discharge  need  not  be  lodged,  provided  the  discharge  is  submitted  along  with  the  application  for registration of the purchaser’s interest and is listed on the Form 4. The foregoing practice applies equally to a deed of disburdenment, a discharge of an ex facie absolute disposition or a reconveyance which relates only to the subjects about to be registered. If, however, the security being discharged includes subjects additional to those for which the application is being made, further action is required. If the additional subjects are registered, application for registration of the discharge is necessary in order to give effect to the discharge in the title sheet(s) of those additional subjects. If the additional subjects are held on a Sasine title, the discharge will have to be recorded in the Sasine Register as well. Another example of the latter situation is a partial discharge and deed of restriction. Links in title 5.31  An application for registration must, in terms of section 4(1), be accompanied by all relevant unrecorded supporting documents such as links in title. Where the interest in land is already registered in the Land Register it is only necessary to submit mid-couples or links between the uninfeft proprietor of that interest and the registered proprietor. Conversely, an application for first registration should be accompanied by all relevant links in title within the progress of title. Links in title should be produced to the Keeper whether or not there is a clause of deduction of title in the deed or a subsequent notice of title. Sections 3(6) and 15(3) make notices of title and clauses of deduction of title unnecessary in relation to a registered interest, provided sufficient links in title are produced to the Keeper. Although those sections do not apply to a transaction leading to an application for first registration, the Keeper will not insist on a clause of deduction of title or notice of title provided (1) satisfactory links between the  uninfeft  proprietor  and  the  person  last  infeft  are  submitted  and  (2)  the  uninfeft  proprietor  is granting neither a feu writ nor long lease. If  satisfactory  links  in  title  are  not  produced  to  the  Keeper  the  ingiving  agent  will  be  given  the opportunity to obtain these and submit them for examination. It should be noted however, that if the Keeper requisitions such links and they are not forthcoming, the application will either be rejected in terms of section 4(1) or proceed to registration but with indemnity being excluded in respect of the absence of the relevant link(s) in title. Where a midcouple is likely to be relevant to other applications (for instance, a certificate of incorporation on change of name relating to a development company or the deeds and documents transferring the undertaking of a former building society on conversion to plc status), the Keeper will enter details of the link in title into the record of common links which he

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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