If there is no application form, or if the application form has not been signed or duly completed, the application will automatically be rejected by the Keeper. A duly signed and completed application form is vital because it is the Keeper’s authority to register the transaction or event in respect of which the application is made. An application for registration must be made by the party in whose favour the real right will be created or who will otherwise benefit from the registration. The application form must be signed by the applicant or the applicant’s solicitor. In completing the application form the applicant is required to make a number of certified statements. It is important that the application form is completed accurately as failure to do so may affect not only the validity of the registration, but also the power of the Keeper or the court to rectify the register, and the Keeper’s liability for indemnity. For example, suppose that part of the subjects an applicant seeks to register is, in fact, possessed by another party, but this information is not disclosed to the Keeper in response to the relevant question in the application form. (‘Is there any person in possession or occupation of the subjects or any part of them adversely to the interest of the applicant?’) The Keeper proceeds to register the subjects without excluding indemnity in respect of said part. A declarator from the  courts  in  favour  of  the  other  party  would  allow  that  party  to  seek  rectification  of  the  register. Because the registered proprietor would not be a proprietor in possession, the terms of section 9(3) of  the  Act  would  allow  the  Keeper  to  rectify  the  register  against  that  proprietor;  and,  as  section 12(3)(n) provides that there is no entitlement to indemnity where the claimant by his fraudulent or careless act has caused the loss, the fraudulent or careless certification would preclude a successful claim on the indemnity. Completion of registration Return of documents and issue of certificate 5.78 On completion of registration the Keeper will return to the presenting agent all deeds, documents and other evidence which were submitted in support of the application for registration. The Keeper will also issue a land certificate and, if appropriate, a charge certificate. Only if the presenting agent gives written authority will the documentation be returned to the applicant or another party. Certificate of title 5.79  Rule 2 defines ‘certificate of title’ as including ‘a land certificate and a charge certificate’. The statutory provisions which relate to certificates of title are to be found in sections 5 and 6 and in rules 14 to 19. The forms of a land certificate (Form 6) and a charge certificate (Form 7) are prescribed by rules  14  and  15  respectively.  The  Keeper  authenticates  certificates  of  title  by  the  Seal  of  the  Land Register. Land certificate 5.80 The land certificate is a copy of the title sheet and contains all the information entered in the title sheet as at the latest date shown on the certificate. If the interest has already been registered in the Land Register, the Keeper will, in respect of any subsequent application to register a dealing affecting the  whole  or  part  of  that  interest,  amend  the  title  sheet  to  give  effect  to  the  application.  The  land certificate must be produced in any application to transfer the property or to secure the first charge over the property. The charge certificate must be submitted in any application affecting the charge detailed

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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