Section 8(2)(c) This subsection provides that any deed which is not registrable in terms of section 2(1) to (4) and which prior to the Act commencing was recordable in the Register of Sasines will continue to fall to be recorded in that register if a real right or obligation is to be created or affected. Examples of such deeds include standard securities over an interest in land which is not itself registered in the Land Register,   an   assignation   of   such   a   security   if   the   interest   remains   unregistered,   a   gratuitous conveyance, a minute of waiver where neither the superior’s nor vassal’s title is registered in the Land Register or where the title of only one of them is so registered. In the latter case the deed would require to be registered in both registers. It should be noted that the provisions of section 8(1) are without prejudice to any other means, other than by registration in the Land Register, of creating or affecting real rights. Thus, for example, it will still be possible to establish a real right in a servitude by possession. However, it will not be possible in an operational  area to acquire a real right in leasehold subjects, udal property or kindly tenancy without  registration  as  these  instances  are  particularly  legislated  for  in  section  3(3).  In  addition  a transaction  which  would  otherwise  induce  a  first  registration  but  which  has  been  completed  by delivery of the signed deed before the area has become operational will fall to be recorded in the Sasine Register. Deeds that do not fall into one of the categories outlined above will, if presented for recording in the Register of Sasines, be rejected by the Keeper. This is a mandatory duty imposed on the Keeper by section 8(4). Ranking 2.16 Section 7 of the Land Registration (Scotland) Act 1979 introduced a change in the law regarding the  ranking  of  deeds.  It  introduced  the  rule  that,  in  the  absence  of  any  express  provision  to  the contrary, deeds presented on the same day, be that in the Land Register or Sasine Register, would rank equally. The Land Registration (Scotland) Act 1979 (Commencement No 1) Order 1980¹⁰ which brought the 1979 Act into operation as regards registration in the County of Renfrew, applied the provisions of section 7 to the whole of Scotland with effect from 6 April 1981. Previously deeds had ranked according to when they were presented for recording in the Register of Sasines, except that all deeds received in the same post were deemed to be presented and recorded simultaneously. Section 7 (1) states that the provisions on ranking are without prejudice to any express provision as to ranking in any deed. Ranking clauses are found most commonly in heritable securities affecting the same  subjects  but  do  appear  in  other  deeds.  Subsection  (1)  further  states  that  the  provisions  on ranking are similarly without prejudice to ‘any other provision as to ranking in, or having effect by virtue of, any enactment or rule of law’, for example the ranking provisions affecting ‘discount standard securities’ as contained in section 72(5) of the Housing (Scotland) Act 1987.¹¹ Section  7  (2)  states  that  ranking  of  registered  interests  in  land  shall  be  according  to  date  of registration. Section 7 (3) provides for ranking as between registration in the Land Register on the one hand and the Register of Sasines on the other. A title to a registered interest and a title governed by a deed recorded in the Register of Sasines shall rank according to their ‘respective dates of registration and recording’. For example, A dispones to B for a valuable consideration 1 acre of his 10 acres which lie within an operational area. However, before B presents his title for registration in the Land Register, A

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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