• Conversely,  voluntary  registration  of  a  property  whose  title  history  is  particularly  complicated  is likely to be refused if its acceptance would involve a lengthy examination of title, unless there is some significant benefit to the Keeper in accepting it. Voluntary registration outwith an operational area 2.10 The Keeper seldom accepts applications for voluntary registration of subjects in areas which are not yet operational for the Land Register. He takes the view that, if he were to accept large numbers of  voluntary  registrations  in  non-operational  areas  under  section  11(1),  both  he  and  the  legal profession would soon encounter considerable problems, namely: • It would quickly become inadvisable for solicitors to embark on property transactions anywhere in Scotland without first establishing (by use of a Form 14) whether or not the particular subjects had already been registered in the Land Register. • Processing voluntary registrations would create a great deal of extra work for Land Register staff, as the preparatory research which the Keeper carries out in the months before an area becomes operational would not have been done. In the rare event that the Keeper does choose to accept a voluntary registration of an interest in land lying outwith an operational area, that decision is likely to be a consequence of the following criteria having been met: • The interest relates to a substantial building development, (i.e. a development of at least ten or more individual units). • The development lies within the area which is next due to become an operational area. • None of the individual units will have been sold by the builder/developer before the date on which the area becomes an operational area. Registrable transactions: dealings in registered interests 2.11 While the types of transaction mentioned in paragraph 2.4 do not induce first registration, the registration provisions will apply if they relate to interests which have already been registered (see section 2(3) and 2(4)). Once an interest in land is registered in the Land Register, it follows that any subsequent  deed  affecting  that  interest  falls  to  be  registered  in  the  Land  Register.  It  is  no  longer competent to record such a deed in the Register of Sasines. Any such deed presented for recording in the Register of Sasines will be rejected by the Keeper in terms of section 8(4).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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