its being reinstated in the title sheet. The burden, effectively, will be lost in all time coming (see section 3(1)(a) of the Act). Burdens are of course capable of being discharged, waived or varied at the instance of the party entitled to enforce them, or application may be made to the Lands Tribunal for an order. In the case  of  Brookfield  Developments  Limited  v.  the  Keeper  of  the  Registers  of  Scotland³⁸,  certain  alleged burdens in a title sheet were declared by the tribunal not to subsist and they were ordered to be struck out. Effect of consolidation on existing standard security 6.79 Where there are standard securities over the dominium directum and/or the dominium utile prior to consolidation being effected and these are not discharged by the creditor, it is normal practice for these to be considered as affecting the consolidated fee thereafter. It can be helpful if the creditor indicates consent by executing any minute of consolidation. Existing charge certificates would require to be submitted to reflect any change in title number on consolidation. Grant by uninfeft proprietor Minute of waiver 6.80 On occasion the Keeper has been asked to accept a minute of waiver by a party not yet infeft in the appropriate fee. For example, a new local authority might be put to the expense of making up title to an extensive superiority vested in a predecessor council in order simply to grant a waiver in respect of one small piece of land. While there is no specific provision for such a grant in section 3 of the Conveyancing  (Scotland)  Act  1924³⁹,  the  Keeper  may  in  certain  circumstances  adopt  a  pragmatic approach  and  give  effect  in  the  Land  Register  to  a  deed  of  waiver  containing  a  suitable  clause  of deduction of title. Non enforcement of conditions - letters from superiors The Keeper will make an entry in the title sheet in respect of those burdens which are considered to subsist. Occasionally superiors’ letters are submitted to the Keeper confirming that the particular burden or condition will not be enforced. Such letters do not bind singular successors; but the Keeper will note the existence of such correspondence in the burdens section if it is brought to his attention. Feu grant by uninfeft proprietor When a feu writ is granted by an uninfeft proprietor, the vassal will obtain title by registration, but no valid real right is obtained. It is incompetent to deduce title in a feu writ, so a clause of deduction does not provide a remedy. However, accretion operates to validate the feu writ retrospectively when the superior completes title. Under registration of title, if the deed inducing registration is a feu writ by an uninfeft proprietor, the Keeper will exclude indemnity in respect of the lack of infeftment. The Keeper will inform the applicant, who will be given the opportunity to put matters right. This will normally mean that the superior should complete title by recording a deed in the Sasine Register or submit a Form  2  application  with  the  appropriate  links  in  title  to  update  the  title  sheet  for  the  superiority interest. The Keeper will hold the application relating to the vassal’s interest in abeyance until he is notified that the superior has completed title. It should be noted that the onus is on the solicitor for the vassal to advise the Keeper when this has been done. The Keeper will then issue a title to the feu retaining the original date of registration and without exclusion of indemnity. If however the applicant does not wish to proceed as above, the Keeper will issue a title containing an exclusion of indemnity in respect of the granter’s lack of title to feu. The title may subsequently be

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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