concerned with registering deeds but with giving effect to them in the Land Register. In only one case is it appropriate to complete title in respect of a registered interest and that is under section 74 or 76 of the Lands Clauses Consolidation (Scotland) Act 1845⁷ (compulsory purchase procedure). The  comments  in  the  preceding  paragraph  relate  solely  to  dealings  with  a  registered  interest.  An uninfeft  proprietor  who  holds  a  Sasine  title  should,  before  granting  a  feu  (which  induces  first registration)  complete  his  title  in  the  Sasine  Register.  Equally,  a  disposition  granted  by  an  uninfeft proprietor, which induces first registration, should include a clause of deduction of title. The Keeper may, however, accept a disposition where the clause of deduction of title has been omitted or contains an error, if the links in title accompanying the application for registration are acceptable to him. As section 2(4)(c) covers only transactions or events capable of affecting a title to an interest in land, missives are generally not registrable. An exception can, in certain circumstances, arise in respect of missives  of  let  or  lease.  If  parties  allow  a  bargain  to  rest  on  properly  authenticated  and  stamped missives without executing a more formal document, this can be considered the full equivalent of a lease.  Such  missives  may  therefore  be  registrable  providing  they  meet  the  requirements  of  a registrable lease. Overriding interests (defined in section 28 and discussed more fully in Chapter 5) are expressly  excluded  from  the  provisions  of  section  2(4)(c).  Servitude  rights  are  included  within  the definition of overriding interests, but only in connection with the interest of the dominant proprietor over the burdened tenement. A servitude right, therefore, cannot be registered as a burden affecting the servient tenement (although it may be noted on the title sheet of that interest). It is, however, a right in favour of the benefited property, and as such can be registered and appear on the title sheet of that property. Noting on the Land Register Noting overriding interests 2.13 In keeping with the intention that the Land Register should be as informative as possible, section 6(4) provides for noting the existence of overriding interests on the title sheet. (See chapter 5 for a detailed discussion on the topic of overriding interests). The interest of a lessee under a short term lease and the interest of a non-entitled spouse within the meaning of section 6 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981⁸ are excluded from the noting provision, although both interests are included within the section 28 definition of overriding interests. Section  6(4)(a)  compels  the  Keeper  to  note  an  overriding  interest  if  it  is  disclosed  in  any  document accompanying  the  application  for  registration  of  the  interest  which  it  affects.  While  this  section  is mandatory, in the sense that the Keeper must comply with it, section 6(4)(b) gives the Keeper a discretion to  note  an  overriding  interest  if  it  comes  to  his  notice  by  other  means.  Rule  13  allows  for  specific application to be made on Form 5 for noting the creation of, or freedom from, an overriding interest. Form 5 need not be used where the request for noting is made in the course of an ordinary application for registration, as provision is made on the application Forms 1, 2 and 3 for a request of that kind. In terms of section 12(3)(h), there is no entitlement to indemnity in respect of loss arising as a result of any error or omission in noting an overriding interest. Indemnity may, however, be payable where the Keeper omits to note, or makes an error in noting, the discharge or freedom from an overriding interest in terms of rule 7.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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