to in 1 - 4
in the preceding paragraph and lodge these
with the Keeper, along with an application
forregistration
in respect of the standard security (Form 2). In
this case, there are two additional points to note:The application for registration of
the purchasers interest must be signed by the
purchaser or by the purchasers solicitor.
The lenders solicitor cannot sign this
application.Similarly,
the application for registration of the standard security must be signed by the
lender orby the
lenders 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 thelenders
solicitor wishes to have on his file
evidence that the application for registration
of thepurchasers
interest has been received, he should attach a duplicate copy of the purchasers
inventoryto his
own. If the applications are lodged separately, the lenders solicitor may
consider an addition tothe
borrowers solicitors letter of obligation appropriate.Purchase of part only of a registered
interest8.53 Where
the purchase relates to part only of the registered interest, it should be noted
that theappropriate
application form for registration of the purchase is Form
3 and that any additional plane.g.
any plan in addition to that attached
to the disposition, which may be needed
to enable theKeeper
to identify the part sold must be submitted with the application for registration.
Any such planshould
be listed on the inventory Form 4. If the purchase
is part of a building development and thesellers
land certificate has been deposited with the Keeper a note of the deposit number
should beinserted
in the Form 2.Purchase
and loan transactions not completed contemporaneously8.54 Where
settlement of the loan transaction has, for one reason or another, been delayed
but thepurchase
has been settled in the meantime, the purchasers solicitor should submit
an application forregistration
of his clients interest and thus preserve his clients priority of
registration. When, in duecourse,
the standard security is submitted, it should be accompanied by an application
Form 2 and aninventory
Form 4 in duplicate. If application for registration
of the purchasers interest is delayed untilthe
standard security is available the purchaser will not in the meantime obtain a
real right. Where thetwo
applications are lodged separately, a full registration fee will be charged for
the standard security.Outstanding
heritable securitiesDischarge
available at settlement8.55 As
noted previously the Keeper will not require
a separate application for registration to
besubmitted
in respect of a discharge of an outstanding heritable security which relates solely
to theregistered
interest, provided that the discharge is presented along with the application
for registrationof
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 thedischarge.
The existing charge certificate must, of course, also be submitted. It is possible
although thesecurity
subjects are registered in the Land Register and the standard security is noted
on the titlesheet,
that the title to the standard security is still governed by a recording in the
Sasine Register. Hereagain,
however, the discharge should be submitted
with the application for registration of thepurchasers interest and not presented
for recording in the Sasine Register.