against should include the registered
proprietor and any other parties who have been interested inthe subjects since the last update of
the land certificate. Accurate details of the names and addressesof the parties to be searched against
must be given on the application.Where
however the transaction relates to part only of the subjects registered, not only
must the titlenumber
of the whole be given, but the part must be clearly identified to the Keeper either
by a verbaldescription
or by a plan which is included in
or accompanies the deeds or documents which
aresubmitted
with the application for registration. In some cases the plan may be a suitably
marked-upcopy
of the plan which forms part of the
land certificate. The question of copyright
and possibledistortion
in copying should be kept in mind. The most common example of a transaction relating
topart only of
a registered interest is of course the first disposal of a unit on a building
development. Inthis
case builders’ solicitors should make use of the facility provided for submitting
an estate plan forthe
Keeper’s approval. If this is done, then reference to the plot number on
that plan will be sufficientidentification
for the Keeper. In most transactions, it will be sufficient to instruct a Form
12 reportduring
the course of the transaction so that
it is available as near as practicable
to the date ofsettlement.
However where an earlier report is instructed, or where there is a delay in settlement,
anda continuation
of the Form 12 report is required, a continuation
should be instructed on a Form 13.Where there is no
land certificate because first registration has
not been completed, the Form
12report
in addition to covering the period from receipt of the application for first registration,
will alsoprovide
a report from the Sasine Register and give the same information as would be contained
in aForm
10 report brought down to the date of first registration. Similarly
where a land certificate is notavailable
because the registration of a previous dealing
with the registered interest has not beencompleted, details of applications
still in course of registration will be included in the Form
12 reportbut
in these cases it will be stated specifically
that registration has not yet been completed.
Noindemnity
can be implied from the disclosure of an incomplete registration in a Form
12 report. Thepurchaser’s
solicitor will require to investigate the circumstances of any incomplete registrations
andexamine all
the relevant titles submitted with the application for first registration and
any subsequentdealings
unless the Keeper is prepared to confirm that a land certificate is to be issued
in terms of theapplication
for registration.There
are five types of Form 12 report (Forms 12A, 12B,
12C, 12D and 12E). The type used by theKeeper
will depend upon the stage which the
registration of the title of the subjects
(or any partthereof)
has reached. Form 12A will be used if first registration of the subjects to be
reported on hasbeen
completed. Details of the circumstances in which the other reports will be issued
can be foundin
chapter 3.Reports
- recommended procedure8.41 The
following procedure is recommended:•The seller’s solicitor should
prepare a draft application for a Form 12 report
and submit this to thepurchaser’s
solicitor for revisal when he sends the
land certificate and other documents to thepurchaser’s solicitor for examination.
(This draft application is equivalent to the Memorandum forContinuation of Search). There is,
of course, no search to submit to the purchaser’s solicitor, nor,where the seller’s land certificate
has been issued is there any need to exhibit any existing Form10
report. Both have been superseded by the seller’s land certificate.
The Register of Inhibitions