to  in  1  -  4  in  the  preceding  paragraph  and  lodge  these  with  the  Keeper,  along  with  an  application  for registration in respect of the standard security (Form 2). In this case, there are two additional points to note: The application for registration of the purchaser’s interest must be signed by the  purchaser  or  by  the  purchaser’s  solicitor.  The  lender’s  solicitor  cannot  sign  this  application. Similarly, the application for registration of the standard security must be signed by the lender or by the lender’s solicitor. Again the Keeper will return the duplicate copy of each inventory to the purchaser and lender or their respective solicitors, as the case may be, by way of acknowledgement. If the lender’s  solicitor  wishes  to  have  on  his  file  evidence  that  the  application  for  registration  of  the purchaser’s interest has been received, he should attach a duplicate copy of the purchaser’s inventory to his own. If the applications are lodged separately, the lender’s solicitor may consider an addition to the borrower’s solicitor’s letter of obligation appropriate. Purchase of part only of a registered interest 8.53  Where the purchase relates to part only of the registered interest, it should be noted that the appropriate application form for registration of the purchase is Form 3 and that any additional plan e.g.  any  plan  in  addition  to  that  attached  to  the  disposition,  which  may  be  needed  to  enable  the Keeper to identify the part sold must be submitted with the application for registration. Any such plan should be listed on the inventory Form 4. If the purchase is part of a building development and the seller’s land certificate has been deposited with the Keeper a note of the deposit number should be inserted in the Form 2. Purchase and loan transactions not completed contemporaneously 8.54 Where settlement of the loan transaction has, for one reason or another, been delayed but the purchase has been settled in the meantime, the purchaser’s solicitor should submit an application for registration of his client’s interest and thus preserve his client’s priority of registration. When, in due course, the standard security is submitted, it should be accompanied by an application Form 2 and an inventory Form 4 in duplicate. If application for registration of the purchaser’s interest is delayed until the standard security is available the purchaser will not in the meantime obtain a real right. Where the two applications are lodged separately, a full registration fee will be charged for the standard security. Outstanding heritable securities Discharge available at settlement 8.55  As  noted  previously  the  Keeper  will  not  require  a  separate  application  for  registration  to  be submitted in respect of a discharge of an outstanding heritable security which relates solely to the registered interest, provided that the discharge is presented along with the application for registration of the purchase of that interest and is listed on the Form 4 accompanying that application, although, strictly speaking, a separate application should be lodged. The Keeper will, however, give effect to the discharge. The existing charge certificate must, of course, also be submitted. It is possible although the security subjects are registered in the Land Register and the standard security is noted on the title sheet, that the title to the standard security is still governed by a recording in the Sasine Register. Here again,  however,  the  discharge  should  be  submitted  with  the  application  for  registration  of  the purchaser’s interest and not presented for recording in the Sasine Register.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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