•Any
Form P17 report.•Any documents relating to
occupancy rights of spouses of the proprietor
shown in the landcertificate
and any other person who subsequently had a right to the registered interest.The principal differences in title examination
where the subjects of purchase are a registered interest are:•The
purchaser’s solicitor is not concerned with the sufficiency or validity of
any deed which hasresulted
in an entry in the title sheet except where that deed relates to a matter in respect
of whichindemnity
has been excluded. The purchaser’s solicitor is, however, still concerned
to check thesufficiency
and validity of all deeds later in date than the date of last registration which
affect theinterest
and have not been noted on the title sheet, for example links in title.•Where
a heritable security has been discharged and effect given to the discharge by
registrationthere
is no need to examine any discharged
security writs. In fact any outstanding heritablesecurities will be disclosed in the
charges section of the title sheet. When, however, they have beendischarged, the Keeper
will prepare a new charges section omitting
any reference at all to the
discharged security. Even in cases where the earlier Sasine titles have been preserved,
there isno need
to examine any security writs among those titles if these writs are not disclosed
in thecharges
section of the land certificate. However, any outstanding standard securities,
whether theyare
still in the Sasine Register or are in the Land Register, together with the relative
draft dischargesand
links in title, will require to be examined in the usual way as for a Sasine transaction.Where the title has been registered
with an exclusion of indemnity (i.e. some aspect
of the title is notwarranted
by the Keeper) then prior titles, insofar
as they relate to that exclusion, require
to beexamined;
and, where the statement in the land certificate relating to the subsistence of
occupancyrights
of spouses of former proprietors has been qualified, any documents relevant to
that qualificationrequire
to be examined.Form
12 and Form 13 reports8.40 For a detailed statement
on reports reference should be made to Chapter 3. A system of directelectronic access to the Registers
is being introduced (‘Registers Direct’) and further information aboutthis is available from the Keeper.As the interest is registered, the
purchaser’s solicitor will only require to satisfy himself that the Landand the Personal Registers are clear.
A Search in the Sasine Register is no longer appropriate as, interms of section
8(4), the Keeper must reject any deed presented for recording in the Sasine
Registerwhich
relates to an interest registered in the Land Register. The appropriate application
form for thereport
is Form 12. Applications to the Keeper should be
submitted in duplicate. The report is madeagainst
the subjects in (or remaining in) the title as at the date
to which the land certificate was lastupdated
(shown on the inside cover of the land certificate). Where the report is required
over the wholeof
the registered interest, all that is required to enable the Keeper to identify
the interest on the indexmap
is the title number. The difficulties which could arise in identifying the subjects
sufficiently to enablethe
Keeper to issue a Form 10 report should not arise.
As the Form
12 report (Forms 12A etc) will also cover the Personal
Registers the parties to be searched