there may be possible discrepancies
between these dotted lines (the legal boundaries) and the actualphysical boundaries. It is suggested
that, where boundaries are so shown, they should be checked bythe seller’s solicitor at the pre-missives
stage. The purchaser’s solicitor should, if the matter has notbeen raised during completion of the
missives, confirm the position with the seller’s solicitors, andwhere the seller’s solicitor has
obtained a Form P17 report, examine the result
of the report followingon
that enquiry. Where the dealing relates to part only of the registered interest,
then identificationshould
be dealt with as discussed in paragraph 4.20. It is not anticipated in these cases
that problemswill
arise, but from the purchaser’s solicitor’s
point of view he should make certain
that a plan isprovided
by the seller, supported, where necessary, by measurements, and that the plan
complies withthe
requirements set out in paragraph 4.20. A plan which is declared to be demonstrative
only is notsufficient
for the Keeper’s purposes. Where the dealing relates to the first purchase
of a property in abuilding
development, the use of an approved estate layout plan should eliminate any problems
ofidentification.Additional information8.46 Part B of both Forms
2 and 3 sets out the standard enquiries which
the Keeper will require to besatisfied
about before completing registration. There may be other matters which the Keeper
will haveto raise,
but, normally satisfactory answers to the
questions in Part B will enable the
Keeper tocomplete
registration of a dealing. The Form
2 or Form 3 should
be prepared in draft by thepurchaser’s solicitor and
adjusted with the seller’s solicitor during
the course of the transaction.Similarly, the style of letter of obligation
should provide for confirmation at settlement that the answerspreviously adjusted are still correct.Styles of disposition, feu charter,
and standard security etc8.47 Once
an interest has been registered in the Land Register, not only does section 16
apply to anytransfer
of that interest but the terms of section 15, where applicable, also apply to
deeds relating tothat
registered interest. Section 15 provides for
a description by reference to the title
number,dispenses
with the need to repeat or refer to existing burdens and provides that a clause
of deductionof
title is no longer necessary. Neither the
act nor the rules prescribe particular forms
of deedsalthough
section 27(1)(d) gives power to do so. Rule
25 and Schedule B of the Rules do, however,prescribe the form of reference description
to be used in deeds relating to a registered interest. Thestyles which follow are not, therefore,
statutory styles which must be used (apart from the referencedescription), but rather are illustrative
of the much shortened forms appropriate to dealings with aregistered interest.Disposition of the whole of a registered
interestI A.B.
(design), in consideration of (state price or other consideration) hereby dispone
to C.D. (design)All
and Whole the subjects (here insert postal address of subjects where appropriate)
registered undertitle
number(s) ( );
with entry on (date of entry); and I grant warrandice; (here insert stamp clauseif appropriate).Disposition of part of a registered
interestI A.B.
(design), in consideration of (state price or other consideration) hereby dispone
to C.D. (design)All
and Whole (describe the part conveyed in sufficient detail, preferably by reference
to a plan, toenable
the Keeper to identify it on the ordnance map) being part of the subjects registered
under title