and a recording in the Sasine Register. Registration in the Land Register is necessary as the transaction affects a registered interest. The deed is recorded in the Sasine Register to show that the lesser interest has merged into the higher interest. Where an existing, recorded heritable security is secured over property, part of which has been subsequently registered, or is about to be registered, in the Land Register, effect will have to be given in both Registers to any discharge or partial discharge or any deed of restriction which relates to both parts. Thus, in addition to submitting the discharge, etc., along with the appropriate Land Register application form, the solicitor should endorse a Sasine warrant of registration on the deed and enclose a covering letter requesting that the  deed  be  recorded  also  in  the  Sasine  Register.  Where  the  discharge,  partial  discharge  or  deed  of restriction relates only to subjects in the Land Register, or only to subjects about to enter the Land Register, there is no need to present the discharge, etc., for recording in the Sasine Register as well. Transactions relating to registered and unregistered interests 2.18 The solicitor must consider various possibilities when dealing with transactions which affect subjects that straddle the boundary of an operational and a non-operational area. The solicitor must also take care in preparing letters of obligation. Stipulations covering delivery and exhibition  of a  clear  title in missives appropriate to a transaction which falls to be completed by recording in the Sasine Register are not wholly appropriate to a transaction which will also lead to registration in the Land Register. Advice concerning those matters can be found in chapter 8. The following examples illustrate some of the various possibilities which may arise. They emphasise the wisdom of dealing with composite transactions, where possible, as separate parallel transactions. Attempting to combine such transactions in a single deed tends to increase the risk of serious error. Moreover, a combined recording and registration often leads to unnecessary procedural complications for both the solicitor and the Keeper.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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