The following considerations apply to all applications for voluntary registration: • The Keeper has an absolute discretion to refuse or accept applications for voluntary registration. In practice,  he  tends  to  refuse  many  more  applications  than  he  accepts,  particularly  during  times when the workload of the Land Register is especially heavy. Section 25(4) expressly prohibits any appeal against a decision by the Keeper to refuse a voluntary registration. • Any solicitor considering an application for voluntary registration should write in advance to the Keeper, giving details of the transaction and the reasons why registration is sought. • Once an interest in land has been registered voluntarily, the whole registration provisions apply to that interest. No further writs relating to that interest may be registered in the Sasine Register. • If the Keeper grants approval for voluntary registration, the application should be made on a Form 1. The provisions as to identification of the subjects and the production of documents and evidence applicable to a first registration apply in full. • Full registration fees are normally charged for voluntary registrations, according to the current value of the interests being registered. • In a case where the Keeper considers it necessary to instruct a special survey in order to complete a voluntary registration, the cost of that survey will be borne by the applicant. The Keeper will not, however, instruct such a survey without first consulting the applicant. If the applicant does not wish to incur the expense of the survey, the application may be withdrawn. Alternatively, but only if the Keeper considers it possible, the application may be completed with an exclusion of indemnity. • The  principal  benefit  to  be  gained  from  voluntary  registration  is  the  protection  afforded  by  the indemnity  provisions.  However,  this  must  be  set  against  the  expense  of  registration,  which includes: registration dues; legal and other expenses; production of all necessary documentation; identification of the subjects, etc. Voluntary registration within an operational area 2.9 Keeper does not normally accept voluntary registrations unless there are obvious benefits to him in accepting them. To illustrate: • Where a builder has a previously recorded title to land which is only now being developed and sold, it would be beneficial to register the estate voluntarily. The house plots subsequently sold would then be registered as transfers of part rather than first registrations. On sales of part, simpler deeds  and  search  procedures  can  be  used.  Purchasers  need  examine  only  the  builder’s  land certificate, instead of the full progress of titles. • An application to register voluntarily a pro indiviso  share in a property, where the remaining pro indiviso  shares  are  the  subject  of  an  application  for  first  registration,  will  almost  invariably  be granted by the Keeper.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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