• Dispose of the remaining title deeds (see paragraph 8.31). Separate solicitors acting for purchaser and lender 8.30  Where  there  are  separate  solicitors  acting,  the  purchaser’s  and  lender’s  solicitors  should  after registration: Purchaser’s solicitor • Check the land certificate. • Send the land certificate to the lender’s solicitor along with the title deeds and other documents which were submitted in support of the application for registration, at the same time indicating those titles which should be retained with the land certificate. • In  due  course  receive  back  from  the  lender’s  solicitor  (a)  the  letter  of  obligation,  marked  as implemented, and (b) the remaining titles (i.e. those which are not to be retained with the land certificate). • Return to the seller’s solicitor any title deeds and other documents that have merely been exhibited by the seller’s solicitor. • Return the seller’s solicitor’s letter of obligation, marked as implemented. Lender’s solicitor • Check the charge certificate. • Check the land certificate when received from the purchaser’s solicitor. • Send the land certificate, charge certificate and titles (if any) to the lender or otherwise deal with as instructed. • Return  the  remaining  titles  to  the  purchaser’s  solicitor,  together  with  the  discharged  letter  of obligation. Title deeds 8.31 Once an interest has been registered the title deeds cease to be of any importance except where the Keeper has registered the interest with an exclusion of indemnity either in whole or in part. Titles which have a bearing on that exclusion should be retained until that exclusion has been removed, for example  by  the  operation  of  prescription.  Even  if  unforeseen  future  circumstances  should  make  it necessary to examine earlier deeds, for example to check the terms of the seller’s grant of warrandice, this will still be possible either in the Sasine Register or, once the interest has been registered, by ordering  office  copies  from  the  Land  Register.  The  Keeper  will  retain  on  microfiche,  as  part  of  the Register, copies of all the deeds which have induced an entry on the title sheet. There is only one case where a Sasine Extract may not be sufficient, namely where the earlier deed contains a plan which

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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