Registration in the Land Register and
the Books of the Lords of Council and SessionSimultaneous
registration2.19 It
is permissible to submit a writ for registration in the Land Register and request
simultaneousregistration
in the Books of Council and Session (or, more specifically, in the Register of
Deeds, whichis
a constituent register of the Books of Council and Session). The Books
of Council and Session aremaintained
separately from the Land Register by a section of the Registers of Scotland known
as theChancery
and Judicial Registers.In
1998 the Keeper introduced an application form for registration in the Register
of Deeds. Although theform
is non-statutory, the Keeper urges solicitors to make full use of it. The form
has the approval of theLaw
Society of Scotland’s Conveyancing Committee. Use of the form will remove
the need for a coveringletter,
as the completed form will contain all the information
that the Keeper will need. However, anapplicant who wishes to register in
the Books of Council and Session, a deed which accompanies anapplication for registration in the
Land Register should continue to use a covering letter of instruction.The covering letter should state clearly
the number of extracts required. Unless the deed is also to berecorded in the Sasine Register, a
warrant of registration is not required.The
deed in question will be subjected to a brief, preliminary examination by Land
Register staff. If noobvious
defects are identified, a copy of the deed is taken and used for purposes of registration
in theLand Register.
The original is then forwarded to the Chancery and Judicial Registers. The staff
of theChancery
and Judicial Registers will subject the deed
to another form of examination, this time
toensure
its compliance with the registration standards
of the Register of Deeds. Provided thatexamination is satisfactory,
the deed will be registered in the Books
of Council and Session. Theextract(s) will then be issued, normally
within 10 working days.Solicitors
should take special care when considering simultaneous registration in the Land
Registerand the
Books of Council and Session. Once a deed has been registered in the Books of
Council andSession,
it cannot be withdrawn. If a full examination of the copy deed by Land Register
staff revealsa
serious problem that was not detected by earlier checks, and the original is registered
in the Booksof
Council and Session, it may be difficult to resolve the problem without preparing
an entirely freshdeed.
The applicant will then have to consider registering the second deed in the Books
of Counciland
Session. In particular, mapping problems will generally be picked up only when
the applicationreaches
the later stage of examination.Separate
registration fees will be charged in respect of
the registration in each Register.Subsequent
registration2.20
On completion of registration in the Land
Register, all deeds and documents submitted
insupport
of the application for registration are returned to the applicant. Deeds which
have been giveneffect
to in the Land Register but which have been retained by the proprietor may be
registered in theBooks
of Council and Session at any time.
A deed which contains a consent to registration
forexecution
will not necessarily have been registered in the Books of Council and Session
when theapplication
in respect of that deed was given effect
in the Land Register. Such a deed should
beretained
with the land certificate, for, if at
some future date it becomes necessary to
do summary