Noting additional information 2.14  In  addition  to  noting  overriding  interests,  the  Keeper,  in  terms  of  section  6(1)(g),  may  enter  such additional information in the title sheet as he thinks fit. The general nature of section 6(1)(g) precludes the compilation of a definitive list of the types of information that the Keeper is prepared to note. The most frequent items of information to be noted include: house names, letters from superiors regarding non-enforceability of burdens, letters regarding adoption of roads by local authorities, and the line of boundaries. Similarly, it is not possible to be prescriptive about which types of information the Keeper is unwilling to note. However, in general, the Keeper would not wish to enter in the title sheet information which can be deemed personal to individuals identified in the title sheet. For example, the Keeper would be unwilling to note details of a creditor’s obligation to make further advances. Application to have additional information noted on the title sheet may be made to the Keeper on Form  5  or,  if  the  request  is  made  at  the  time  of  a  related  application,  on  Form  1,  2  or  3  (as appropriate).  In  the  latter  case,  details  should  be  supplied  in  response  to  the  question  relating  to overriding interests. Application can be made either to include new information or to amend or correct information which is already shown on the title sheet. Continuing effectiveness of recording In Register of Sasines 2.15 Once an area has become operational, the majority of transactions occurring in that area will lead to registration in the Land Register. Where registration in the Land Register is appropriate, the Keeper is bound to reject any deed submitted for recording in the Sasine Register (section 8(4)). Section 8 provides  that  recording  in  the  Register  of  Sasines  will  continue  as  regards  certain  types  of  deeds despite the subjects pertaining thereto lying within a Land Registration operational area. For those deeds concerned such recording in the Register of Sasines will create a real right or real obligation. Those deeds which fall within the auspices of section 8 and so fall to be recorded in the Register of Sasines are detailed in subsection (2). That subsection identifies three categories, viz.; Section 8(2)(a) This subsection relates to the recording of deeds under section 143 of the Titles to Land Consolidation (Scotland) Act 1868⁹. Where a deed has been recorded in the Register of Sasines, prior to an area becoming operational, with an error or defect or where there has been an error in the recording of the deed in that Register, recording of the corrective deed will also be in the Register of Sasines, even although the subjects now lie within an operational area. Section 8(2)(b) Where  a  registered  interest  in  land  is  absorbed  into  an  unregistered  interest,  the  title  to  which  is governed by a deed recorded in the Register of Sasines, recording in that Register of the deed effecting the absorption will be necessary. This is perhaps best illustrated by example. Thus, for instance, suppose A, whose title to 10 acres is recorded in the Register of Sasines, grants a Feu Disposition of 1 acre to B, who in terms of section 2(1)(a)(i) obtains registration of his interest in the 1 acre in the Land Register. Subsequently  B  agrees  to  the  re-acquisition  of  the  1  acre  by  A  whom,  in  turn,  decides  to  effect consolidation  of  the  property  and  superiority  interests  in  the  1  acre.  To  achieve  this  B  grants  a disposition to A containing a clause of resignation ad  perpetuam remanentiam.   This requires to be presented both for registration in the Land Register, in order that the Keeper can cancel the Title Sheet for the 1 acre, and also for recording in the Register of Sasines, as that is where the higher interest lies.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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