Charge certificate 5.84 Unlike the land certificate the charge certificate does not contain all the information on the title sheet. Instead, the charge certificate contains only details of the heritable security secured over an interest in land and discloses other information relating to that security; for example, any prior or pari passu  securities  affecting  the  interest.  In  addition  the  principal  security  is  attached  to  the  charge certificate. A charge certificate is issued in respect of any deed entered in the charges section and falling within the definition in section 28(1) of ‘heritable security’. This section adopts the definition of heritable security contained in section 9(8)(a) of the Conveyancing and Feudal Reform (Scotland) Act 1970²⁷, i.e., any security capable of being constituted over any interest in land by a disposition or assignation of  that  interest  in  security  of  a  debt.  Since  November  1970, however, it has only been possible to create a heritable security by means of a standard security. Accordingly, a charge certificate will only be issued in respect of a registered standard security. A charge certificate is not, however, issued in respect of a deed entered in the charges section in terms of rule 6(1)(b), that is to say a deed which charges the interest with a ‘debt’ as defined  in  section 9(8)(c) of the 1970 Act which is not constituted by way of a standard security. Examples include a notice of payment of improvement grant and an absolute order or other statutory charge. In such cases the deed creating the charge will be stamped ‘registered’ by the Keeper to denote that registration has been given effect to, before it is returned to the applicant. Note: Debt is defined in section 9(8)(c) of the 1970 Act as ‘... any obligation due, or which will or may become due, to repay or pay money, including any such obligation arising from a transaction or part of  a  transaction  in  the  course  of  any  trade,  business  or  profession,  and  any  obligation  to  pay  an annuity or ad factum praestandum, but does not include an obligation to pay any feuduty, ground annual, rent or other periodical sum payable in respect of land, ...’. If there is an outstanding, recorded heritable security at the time of first registration, that heritable security will be disclosed in the charges section of the title sheet of the security subjects. However, no charge certificate will be issued unless the creditor applies for registration of the security. The effect of registration of the outstanding security is discussed in paragraph 5.29. Combined charge certificates 5.85 The Keeper’s normal practice is to issue a separate charge certificate for each heritable security secured over an interest. Where a heritable security is secured over more than one interest a separate charge certificate will be issued in respect of that heritable security for each interest. If, however, a creditor in several securities over the same interest, or a creditor in a heritable security over several interests, does not want to hold separate charge certificates, the Keeper will, on request, combine these into a single charge certificate. Office copies 5.86 Although the Land Register is a register of interests in land and not a register of deeds, the Keeper will,  in  fact,  keep  on  microfiche  for  each  title  sheet  copies  of  all  previously  unrecorded  deeds  or

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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