grants a standard security to C over the whole 10 acres. C records his standard security in the Register of Sasines prior to B registering his title in the Land Register. C will rank prior to B in terms of section 7 (3) and that security will be shown in the charges section of B’s title sheet. If on the other hand, C presented his standard security for recording in the Register of Sasines after B had registered his title in the Land Register, then the Keeper would reject the deed in terms of section 8 (4) on the basis that part of the security subjects had been registered in the Land Register. Heritable securities still subsisting at the date of first registration in which creditors acquired real rights by recording in the Register of Sasines will rank in the order of their recording and before heritable securities  registered  in  the  Land  Register  on  or  after  first  registration  of  the  interest  to  which  they relate. Section  7  (4)  affirms  that ‘where  the  date  of  registration  or  recording  of  the  titles  to  two  or  more interests  in  land is  the  same,  the  titles  to  those  interests  shall  rank  equally’.  Thus,  if  A in the  above example also conveyed the same one acre, in a separate disposition, to C and both B and C subsequently applied for registration on the same day there titles would, by virtue of section 7(4) rank pari passu. The Keeper  would  not,  however,  be  in  a  position  to  grant  an  unqualified  land  certificate(s).  Indemnity would be excluded as regards B’s interest vis-a-vis C’s title and vice-versa. Registration and recording in respect of one deed 2.17 A transaction which would induce first registration may relate to subjects lying both within and outwith an operational area. Two possibilities exist in this situation: either the subjects comprise two (or more) discontiguous pieces of land lying in two or more registration counties, or they may form a single plot of ground that straddles the boundary of two adjoining counties; the so-called ‘straddling plot’. Straddling plot The registration implications of the straddling plot have already been discussed at paragraph 2.7. In terms of section 11(2), registration in the Land Register must be sought unless the two areas can be severed, either in separate deeds or as separate subjects within the same deed. Discontiguous areas Where the transaction affects two or more discontiguous pieces of land, it is possible to attend to both properties  in  the  same  deed.  The  deed  should  be  endorsed  with  a  warrant  of  registration  for  the property within the non-operational area (i.e. for recording in the Sasine Register) and, in addition, be submitted  with  an  application  for  registration  in  the  Land  Register  for  the  interest  lying  within  the operational area. It is preferable, from the Keeper’s point of view, for the solicitor to prepare separate deeds. However, there are occasions when the preparation of separate deeds would not be practicable. When the registered interest is that of the dominium utile  or a tenant under a long lease, and the superior’s or the landlord’s title is still recorded in the Sasine Register, a disposition ad perpetuam remanentiam  or a renunciation of the tenant’s interest will lead to registration in the Land Register

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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