have required to be backed by defective title insurance, the Keeper may exercise his discretion and register the title without excluding indemnity. (Enquiries as to whether the Keeper will overlook a particular title defect should be directed to the Pre-Registration Enquiries Section - see para 3.21). • A  document  forming  part  of,  or  submitted  in  support,  of  an  application  may,  at  the  Keeper’s discretion,   be   returned   for   amendment   or   correction   without   the   entire   application   being withdrawn or rejected. In such a case and in terms of Rule 11 of the Land Registration (Scotland) Rules 1980¹, the application will retain its original date of registration provided that the document is corrected or amended and timeously returned to the Keeper. • A deed relating to a registered interest in land, executed after registration of the interest, must bear the title number as per the terms of section 4(2)(d). • Deeds  relating  to  a  registered  interest  need  only  describe  the  subjects  by  reference  to  the  title number. Such a deed will import all rights, burdens, conditions and other matters referred to in the title  sheet  without  the  need  for  any  specific  reference  to  them  (see  section  15(1)  and  (2)). However, where new burdens are being created or rights granted, these must be set out at length in the dispositive clause or in a separate deed of conditions. Registrable transactions: first registration 2.3 Transactions which induce first registration are set out in section 2(1)(a). Generally, only a transfer for valuable consideration will induce first registration. However, section 2(1)(a) also lists a limited number of circumstances in which a gratuitous transaction will induce first registration. In terms of section 2(1)(a), the following transactions fall to be registered in the Land Register: • conveyance on sale; • the grant of a feu, even if there is no valuable consideration or if the feu grant implements remedial conveyancing, such as a charter of novodamus; • the grant of a long lease (as defined in section 28(1)), (i.e. a lease for more than 20 years), whether for  valuable  consideration  or  not.  A  lease  for  less  than  20  years  but  which  contains  provisions which could oblige the landlord to extend it to exceed 20 years will also induce first registration; • a contract of ground annual (so far as effective in terms of section 2(2) of the Land Tenure Reform (Scotland) Act 1974²), whether for valuable consideration or not; • a conveyance in consideration of marriage; • any disposition ad perpetuam remanentiam or minute of consolidation, if the superiority is already registered; • a renunciation of a long lease, if the landlord’s interest is already registered;

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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