What is registrable? 2.12 Section 2(4)(c) allows a much wider range of deeds and other documents to be registered in the Land Register than can be recorded in the Sasine Register. Any deed giving effect to a transaction or event capable of affecting a registered interest in land can be presented for registration in the Land Register. This category of registrable deeds includes the following deeds, which cannot be recorded in the Register of Sasines: • a deed of assumption and conveyance containing only a general conveyance or, indeed, a deed of assumption with no conveyance at all; • a minute of resignation of trustees; • minutes of meeting appointing new trustees where the statutory provisions as to the continuing infeftment of ex officio trustees do not apply; • a certificate of incorporation on change of name; • a docket in terms of section 15(2) of the Succession (Scotland) Act 1964⁶; • confirmation in favour of executors. In  many  of  these  examples,  the  deeds  are  unlikely  to  contain  any  reference  to  specific  properties. However, in terms of section 4(2)(d), the Keeper must reject any deed which relates to a registered interest and accompanies an application for registration if it does not contain the title number. This does not mean that the title number must appear in gremio of the deed itself (except where there is a reference description under section 15(1)), but it must be clearly marked on the deed, preferably at the top of the first page. Under no circumstances, however, will the Keeper accept a noting of the title number on the backing of the deed. These comments apply equally to discharges and transmissions of standard securities which usually contain no description of the subjects. Moreover, an event may be registrable where there is no transaction or deed at all. Examples include: • the operation of prescription ; • notification of the death of a co-proprietor holding under a survivorship destination. In the latter case, the Keeper will register the change in title on production of the land certificate, the death certificate and evidence by way of affidavit that the destination has not been evacuated. The foregoing paragraphs illustrate those deeds, which under the Sasine system could be used only as links in title, but can, when related to a registered interest, lead to registration in the Land Register. Similarly, section 15(3) provides that, in a dealing with a registered interest, it is no longer necessary to deduce title in a disposition or standard security granted by a party who is uninfeft. Further, by section  3(6),  an  uninfeft  proprietor  of  a  registered  interest  is  not  required  to  complete  his  title  by presenting a notice of title. In either case, all that is required is that sufficient links in title be produced to the Keeper along with the appropriate application Form 2. This is because the Keeper is no longer

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

	< Previous Page | Next Page >