Where a transfer merely vests an interest in a person already infeft in a higher or lower fee without effecting a consolidation or merger, the normal rules regarding registration in the Land Register or recording  in  the  Sasine  Register  will  apply.  However,  if  subsequent  consolidation  is  a  possibility, consideration should be given to effecting the consolidation as part of the transfer, because in certain circumstances  the  Keeper  will  abate  the  registration  fee  when  the  same  deed  is  registered  and recorded at the same time. The following examples offer some illustration of the registration implications of the most common types of absorption. Disposition with minute of consolidation annexed 1.  Higher fee disponed for value. Granter’s title in Sasine Register. Title to lower fee in Sasine Register. Implications for registration in Land Register: • The transaction induces first registration of the higher fee in terms of section 2(1)(a)(ii). The two fees are consolidated in the Land Register, even though the grantee’s title is recorded in the Sasine Register. Procedure: • Preferably, two applications for registration should be submitted: one on Form 1 in respect of the disposition and the other on Form 2 in respect of the minute of consolidation. However, as the applicant in both cases is the same, the Keeper is prepared to accept application on Form 1 only, provided there is a clear instruction on the Form 1 that he should give effect to both the disposition and the minute of consolidation. • The Keeper requires to examine the prescriptive progress of titles and all other relevant deeds and documents relating to each fee. These must be submitted and listed on the Form 4 accompanying the application(s). 2.  Higher fee disponed for value. Granter’s title in Sasine Register. Title to lower fee in Land Register. Implications for registration in Land Register: • The transaction induces first registration of the higher fee in terms of section 2(1)(a)(ii). The two fees are consolidated in the Land Register. Procedure: • Preferably, two applications for registration should be submitted: one on Form 1 in respect of the disposition and the other on Form 2 in respect of the minute of consolidation. However, as the applicant in both cases is the same, the Keeper is prepared to accept application on Form 1 only, provided there is a clear instruction on the Form 1 that he should give effect to both the disposition and the minute of consolidation.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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