Chapter 2 - Implications of Land Registration
Changes in conveyancing procedures
2.1 From the date on which an area becomes
an operational area in the Land Register, section 8(4)
prohibits the Keeper from
accepting for recording in the Sasine Register
any deed relating to an interest
which is registrable in terms of section 2.
2.2 The main practical
effects of transacting with property located
in an operational area may be
summarised as follows:
• Registration
of title is a map based system and descriptions of registered interests are based
on the ordnance
map. The extent of the registered interest
is shown on the title plan. Written
descriptions on the title sheet will,
in practically every application for registration, be used only to
supplement information given on such
plans. •
When a county becomes operational for
land registration the provisions of section 2 determine
when unregistered land
can enter the Land Register. It follows
that deeds which induce first
registration in the Land Register are
not acceptable for recording in the Sasine Register. The minute
book (i.e. the
record of deeds recorded in the Sasine Register) does not reveal the transfer
of either the
whole or a part of property to the Land Register. It should be noted however that
examination of
the search sheet does contain details of the transfer of property to the land
register. •
When a transaction will induce first
registration in the Land Register or affect a registered interest,
the clauses in the missives relating
to the exhibition or delivery of writs and searches will differ from
those appropriate to a transaction
involving a recording in the Sasine Register. •
Writs in respect of which an application
for registration is being made do not require to bear a warrant
of registration but must be accompanied by the appropriate application form duly
signed and completed
by the applicant or the applicant’s solicitor (see
rule 9). •
The examination of title
required in connection with a transaction
which will induce a first registration
is similar to that carried out in connection with a transaction involving recording
in the Register
of Sasines. Upon completion of registration, the resultant land certificate sets
out in readily accessible
form the position relating to all matters
relevant to the title as at the date
of that certificate,
except for any overriding interests not noted. There is, however, one case where,
despite the interest
being registered, an examination of prior titles may still be appropriate. That
is where an interest
has been registered with an exclusion of indemnity. •
It is not necessary
to deduce the title of an uninfeft granter
in a deed relating to a registered
interest, nor to expede a notice of
title to a registered interest, provided in either case that the
necessary links in title are produced
to the Keeper (see section 15(3)).
• Occasionally
there are technical defects in applications
for registration, most commonly in the
deeds and documents submitted. Such
defects may, at the Keeper’s discretion, be ignored when
giving effect to the application. In
cases where, prior to land registration, a defective title would