Chapter 3 - Reports, Searches and Enquiries
Introduction 3.1
Generally, in an operational area a real right can be obtained only by registration
of the title to the subjects
in the Land Register (section 2(1)(a) and 3(1)
and (2) of the Act). Until such registration has
taken place, writs which do not induce
registration will continue to be recorded in the appropriate
division of the Sasine Register unless
voluntary registration in the Land Register is accepted by the
Keeper. The procedure for
searches against subjects in an operational
area are discussed in this
chapter. It should be noted that the
Keeper does not carry out searches in the Register of Charges at
Companies House.
This section has been written in the
context of the reports provided by the Keeper in terms of the Land
Registration
(Scotland) Rules 19801. Firms of
private searchers produce equivalent reports which can be
used; but as these reports are not ‘information given by
the Keeper in writing’ they do not attract the
benefit of the indemnity provided by section 12(1)
of the 1979 Act. It is understood, however, that the
private searchers provide their own indemnity policy to guarantee their reports.
In addition the Keeper
will be providing direct access to the Registers under Registers Direct (see paragraph
3.20) and this
will enable solicitors, if they choose, to do their own searches and reports.
For the avoidance of doubt
information provided by the Keeper on screen
will be treated as ‘information
given by the Keeper
in writing’ for indemnity purposes.
There are a number of preliminary points
which need to be kept in mind when a report or search is
required over subjects which lie in
an operational area: •
The Sasine Register is invariably some
weeks out of date. However, writs presented for recording,
unless rejected by the Keeper, will
appear in a search made the following day. In cases where the
recording procedure has not been completed,
i.e. by completion of the minute book, the report
will still disclose the deed as a ‘pending’
recording. The time lag between presentment and the completion
of the recording process gives the presenter time to withdraw writs. The Keeper
will still give
solicitors the opportunity to withdraw deeds which require correction. Solicitors
will also still
be able to withdraw writs on request provided the minute book has not been completed
or a Form
10 report has not already been issued in respect of the relevant subjects.
• In
operational areas all reports can be brought down to the day before the date of
issue of the report.
Delay is inevitable, however, if applicants do not use the correct forms or if
they complete them
incorrectly or they send them to the incorrect DX number.
• Where
an interest has been registered in the Land Register, no provision has been made
either in the
Act or in the Rules for a closing entry to be made in the Sasine Register. Accordingly,
once an area has
become operational, a search of the minute book of that division of the Sasine
Register will
not disclose any transfers, whether of the whole or of a part, which have been
registered in the
Land Register. In practice, however, the Keeper will note this information on
the search sheets and,
as most sasine searches in operational areas are completed by examining the search
sheets, any search
in respect of the Sasine Register will disclose transfers of the subjects (including
partial transfers)
to the Land Register.