The
Form 10 report is divided into three parts:A report from the Sasine Register which
will narrate:1.
a prescriptive progress of titles;2.
a list of undischarged securities recorded within the 40 years prior to the date
to which the reportis
certified, including undischarged securities recorded outwith that period but
intromitted withduring
that period by recorded deed (e.g. assignation);3. a list of discharges recorded
within the 5 years to the date of the report; and4.
a list of deeds other than transfers or deeds creating or affecting securities
recorded within the40
year period prior to the date of the report, e.g. minutes
of waiver, deeds of servitude.A report from the
Land Register which will disclose whether
the interest (or any part of thatinterest) has been registered and,
if so, the title number under which it is registered.A report from the
Register of Inhibitions and Adjudications against
the parties listed by theapplicant.Application for a Form
10 reportApplication
for a Form 10 report should be made in duplicate.
One copy of the application will bereturned
with the report and should be retained with it. A Form
10 report includes all the relevantentries
from the Sasine Register which would be found in a 40 year search, but in a different
form.Accordingly,
a Form 10 report is not merely a continuation of
an existing search, but supersedes it. Anyexisting
search over the subjects should not therefore be sent to the Keeper with the application
fora Form
10 report.It
should be borne in mind that a Form 10 report relates
only to the property for which an applicationfor
first registration will subsequently be made. If that property already has a separate
identity in theSasine
Register, no problems should arise. If, however, the first registration will be
induced by a saleof
a part of a larger area, the Form
10 report will only reveal deeds which
affect that part. Deedstransferring
or affecting only other parts of the larger area will not be revealed unless it
is clear fromthe
sasine minutes that they, in some way, affect the subjects being reported on.
It should be noted,however,
that this is exactly the situation that pertains when a search for incumbrances
in the SasineRegister
is ordered over a specific part of a larger area.To
enable the Keeper to issue a Form 10 report the
subjects have to be sufficiently described to allowthe
Keeper to identify them in the Sasine Register and also on the index map. So far
as the SasineRegister
is concerned, reference to a recorded deed containing a description of the property
may besufficient;
but such a reference is not sufficient to enable the Keeper to identify the subjects
on theindex map.
The information which the Keeper will require to search the Land Register is discussed
inchapter 4.
In those cases where it is desired to
enlist the Keepers help in comparing
legal andoccupational
boundaries by ordering a Form P16 report, it is
recommended that the two reports areordered
together. This attracts the benefit of a reduced fee from the Keeper.