convenience of the house etc.’. It follows that if such an adjunct is disposed of separately from the house the Keeper will require to examine the necessary matrimonial homes act evidence. Time-Lapse 6.48 In any situation where there is a time-lapse between the granting of a deed under the 1981 Act and the date on which a party ceases to be ‘entitled’ to the subjects, the question must arise as to whether the deed in question is still the appropriate evidence. The Keeper reserves the right to judge each case on its merits, taking into account such factors as the length of time that has elapsed, the wording of the affidavit, consent, or renunciation, the extent to which the requirements of good faith afforded  by  section  6(3)(e)  of  the  1981  Act  appear  to  have  been  met,  and  the  nature  of  the certification by the purchaser’s agent in response to the questions in Part B of the application form. Ex facie absolute dispositions 6.49  Although  by  section  9  of  the  Conveyancing  and  Feudal  Reform  (Scotland)  Act  1970²⁵  it  is  no longer competent to create a security by way of an ex facie absolute disposition, existing ones remain valid until discharged or enforced by the creditor. Those that survive cannot simply be treated, for land registration  purposes,  in  the  same  manner  as  their  successor,  the  standard  security.  The  following paragraphs illustrate the registration implications for transactions involving ex facie  absolute security deeds. Transfer of an ex facie absolute proprietor’s interest The transfer for value of an ex facie absolute proprietor’s interest would, where the subjects lie in an operational area, induce first registration. Application for registration should be made on Form 1. The creditor  will  be  entered  as  registered  proprietor  in  the  proprietorship  section  of  the  title  sheet. However, the entry will be qualified by a note to show the security nature of the title. The Keeper does not guarantee that the person disclosed in the note as the granter or consentor in the ex facie absolute deed is the person presently in right of the reversionary interest. Transfer of reversionary proprietor’s interest The accepted view is that the reversionary proprietor’s interest under an ex facie absolute disposition is an interest in land as defined in section 28. It follows that a transfer of that interest for value will induce a first registration in the Land Register in terms of section 2(1)(a). Where the transaction affecting the reversionary interest is not a transfer but is, for example, the grant of  a  further  security,  then  that  deed  will  fall  to  be  recorded  in  the  Register  of  Sasines,  unless  the reversionary interest has already been registered in the Land Register. If  the  creditor’s  interest  has  been  registered  in  the  Land  Register,  any  transaction  affecting  the reversionary interest also falls to be registered in the Land Register. Discharge or reconveyance of ex facie disposition If the creditor’s and the reversionary proprietor’s interests remain in the Sasine Register, any discharge or reconveyance should be recorded in that Register. Such recording may be dispensed with if the discharge or reconveyance is granted as part of another transaction which induces first registration, and  the  discharge  or  reconveyance  is  presented  along  with  the  application  for  registration  of  that transaction. A separate application form in respect of the discharge or reconveyance is required.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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