• Reports  from  the  Land  Register,  i.e.  Form  12  and  Form  13  reports,  will  not  merely  disclose completed registrations, i.e. those in respect of which a title sheet has actually been opened or entries made on an existing title sheet, but will disclose all applications for registration which have been received up to 48 hours preceding the date of issue of the report, providing always that the applications are correctly made. When a report discloses an application for registration the entry will  make  it  clear  that  the  registration  process  in  respect  of  that  application  has  not  yet  been completed. • The part of the indemnity provisions applicable to reports is section 12(1)(d) of the Act. The Keeper is liable to indemnify loss suffered as a result of an error in or omission from a report as regards disclosing: • deeds  from  the  parts  of  the  report  relating  to  the  Register  of  Sasines  or  the  Register  of Inhibitions and Adjudications; or • documents registered or an application for registration from the part of a report relating to the Land Register. The indemnity cover does not extend to the effect that any deed or document disclosed has on the title to the subjects of the report. In  order  that  solicitors  may  rely  on  the  indemnity  provisions,  stringent  care  must  be  exercised  in completing the report application form, particularly with regard to the names and addresses of parties to be searched against in the Register of Inhibitions and Adjudications. Any claim may otherwise be refused in terms of section 12(3)(n) of the Act. Transactions which induce first registration 3.2 As part of the examination of title in transactions which induce first registration, the requirement to ensure that the records are clear of any incumbrances will still apply. However, as the land certificate which is issued on completion of first registration contains all relevant information in respect of the interest registered, a search for incumbrances as such will not be completed. The land certificate itself takes the place of that search. Indeed, any existing search will not have to be examined, as all the relevant information contained in it is contained in the report discussed in the following paragraphs. There  are,  of  course,  cases  where,  although  the  property  lies  in  an  operational  area,  a  completed search for incumbrances in the Sasine Register may still be required. These are discussed in paragraph 3.13. Form 10 report 3.3  Where a report is required in respect of a transaction which will induce first registration (or in respect of which voluntary registration will be sought ), the Rules prescribe a comprehensive form of report covering the Sasine Register, the Land Register and the Register of Inhibitions and Adjudications - the Form 10 report. This report is appropriate whether the search is to be made over the whole subjects described in a recorded deed or over only part of those subjects. Where voluntary registration is sought, it is prudent to ascertain from the Keeper, before making application for a Form 10 report, that an application for voluntary registration will be accepted.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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