Identification of subjects 8.16  Registration of title is a map-based system. Properties are indexed by means of an index map and section 6(1)(a) provides that the title sheet of each registered interest will contain a description consisting  of,  or  including,  a  description  of  that  interest  based  on  the  ordnance  map.  In  addition, section 4(2)(a) provides that the Keeper will reject any application for registration where the land to which it relates is not sufficiently described to enable him to identify the subjects by reference to the ordnance map. The purchaser’s solicitor must ensure, therefore, as part of his examination of title, that the titles and deed plans produced will be sufficient to enable the Keeper to prepare the title and certificate  plans.  In  cases  where  the  Keeper’s  response  to  a  P16  report  narrates  that  the  title boundaries  coincide  with  the  occupational  boundaries  as  depicted  on  the  ordnance  map  the purchaser’s solicitor can assume that the Keeper can identify the property. However, the purchaser’s solicitor  must  in  this  case  not  only  examine  the  Form  P16  report  but  examine  the  documents submitted to the Keeper in support of that enquiry. For example, the Keeper may have indicated that he  can  identify  the  property  on  the  ordnance  map  with  the  boundaries  disclosed  in  a  deed  plan submitted to him but the deed plan may only include part of the subjects covered by the missives. Where the property is a new one, the purchaser’s solicitor must ensure that the deed plan contains sufficient information to enable the Keeper to locate the property accurately on the ordnance map - the physical boundaries will not at that stage be shown on the ordnance map. Where the deed plan is not sufficient, i.e. it is a ‘floating’ rectangle unrelated to physical features depicted on the ordnance map,  a  supplementary  plan  based  on  the  ordnance  map  and  supported  by  measurements  will  be required. Such a supplementary plan should be signed by the seller but need not be signed as relative to any deed forming part of the progress of titles. Additional information required by the Keeper 8.17  In  addition  to  a  prescriptive  progress  of  titles  and  to  information  required  to  enable  him  to identify the subjects, the Keeper will require additional information which cannot be obtained from the title deeds to enable him to complete registration. The standard information which he will require on first registration is contained in questions 1 to 14 in part B of the application for first registration, Form 1. Insofar as this information relates to the seller, the purchaser’s solicitor should make certain, during the course of the transaction, that he obtains from the seller’s solicitor sufficient information to complete the questionnaire in part B of the application form and a draft of the application form should be adjusted with the seller’s solicitor during the course of the transaction. If there is a separate solicitor acting  for  a  lender,  then  not  only  should  a  draft  of  the  application  form  (Form  2)  relating  to  the standard security be adjusted between the solicitors for the purchaser and the lender, but the draft Form 1 as adjusted between the solicitors for the seller and purchaser should be submitted to the lender’s solicitor for approval. In addition, there may well be matters other than those covered by the questionnaire in Part B in respect of which the Keeper will require information or additional evidence. For  example,  where  the  seller  originally  held  the  property  on  a  survivorship  destination,  the purchaser’s solicitor should make certain that at settlement he is in a position to lodge with the Form 1 a death certificate of the former co-proprietor and evidence, e.g. by way of affidavit, confirming that the former co-proprietor had not evacuated the destination quoad his or her share. The information which the purchaser’s solicitor has obtained during the course of the transaction to enable him to complete Form 1 will have been obtained some time before the form is actually lodged with  the  Keeper.  For  this  reason  the  purchaser’s  solicitor  should  seek  from  the  seller’s  solicitor,  at

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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