• The Keeper will issue a Form 10 report (and if necessary a Form 11 report) within three months before the commencement date for a new operational area. • The Keeper will also issue a Form P16 report within three months before the commencement date for a new operational area. If, therefore, occupational boundaries have to be checked as part of the examination of title before that time, the parties will have to carry out their own comparison of the legal and occupational boundaries by reference to the ordnance map. Dealing with a registered interest - presale procedures Presale examination of title 8.34 Where the transaction relates to an interest which is already registered in the Land Register, the conveyancing  procedures  appropriate  to  that  transaction  will  differ  from  those  discussed  in  the previous paragraphs in relation to a sale/purchase which induces first registration in the Land Register. A seller’s solicitor should always examine his client’s land certificate before concluding a bargain, not only to ensure that the seller has a title to the whole subjects of sale and that there are no material burdens which should be disclosed to a purchaser, but also to make certain that on registering the interest in the Land Register the Keeper has not excluded indemnity. Where  the  transaction  relates  to  an  interest  for  which  an  application  for  registration  in  the  Land Register has been made but the land certificate has not been issued, the conveyancing procedures appropriate  to  that  transaction  will  differ  from  those  discussed.  Unless  the  Keeper  is  prepared  to confirm  that  the  land  certificate  is  to  be  issued  in  terms  of  the  application  for  first  registration  a purchaser’s  solicitor  will  need  to  carry  out  a  complete  examination  of  title  as  if  the  sale  were  a  first registration. In such a case it is recommended that a seller’s solicitor should instruct a presale Form 12 report as required and ensure that the title deeds or certified copies are available for examination by the purchaser’s solicitor. Presale report 8.35 It is recommended in paragraph 8.8 that a seller’s solicitor should instruct a presale Form 10 report in cases where a sale will trigger a first registration but such a report will not normally be required when dealing with a registered interest. In general most transactions or events which affect a registered interest will be reflected in the land certificate. However, there are occasions where the Keeper may accept an application for registration that is not accompanied by the land certificate. In particular, Rule 18(2)(b) provides that the land certificate need  not  be produced where it  is held by a  creditor. In other words, a second heritable security could be registered without production of the land certificate. There may, therefore, be occasions where the land certificates does not reflect subsequent dealings. (It may always be relied upon to reflect all dealings prior to the date when it was last brought down). Occupational boundaries 8.36 Once an interest has been registered, the land certificate plan will show the Keeper’s delineation of the boundaries (i.e. the title boundaries) and will also show the Ordnance Survey delineation (in black lines) of the physical boundaries. The possible difficulties discussed in paragraph 8.6 should, therefore, not arise

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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