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 report is certified, including undischarged securities recorded outwith that period but intromitted with during that period by recorded deed (e.g. assignation); 3. a list of discharges recorded within the 5 years to the date of the report; and 4. a list of deeds other than transfers or deeds creating or affecting securities recorded within the 40 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  that interest) 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  the applicant. Application for a Form 10 report Application for a Form 10 report should be made in duplicate. One copy of the application will be returned with the report and should be retained with it. A Form 10 report includes all the relevant entries 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. Any existing search over the subjects should not therefore be sent to the Keeper with the application for a Form 10 report. It should be borne in mind that a Form 10 report relates only to the property for which an application for first registration will subsequently be made. If that property already has a separate identity in the Sasine Register, no problems should arise. If, however, the first registration will be induced by a sale of  a  part  of  a  larger  area,  the  Form  10  report  will  only  reveal  deeds  which  affect  that  part.  Deeds transferring or affecting only other parts of the larger area will not be revealed unless it is clear from the 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 Sasine Register 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 allow the Keeper to identify them in the Sasine Register and also on the index map. So far as the Sasine Register is concerned, reference to a recorded deed containing a description of the property may be sufficient; but such a reference is not sufficient to enable the Keeper to identify the subjects on the index map. The information which the Keeper will require to search the Land Register is discussed in chapter  4.  In  those  cases  where  it  is  desired  to  enlist  the  Keeper’s  help  in  comparing  legal  and occupational boundaries by ordering a Form P16 report, it is recommended that the two reports are ordered together. This attracts the benefit of a reduced fee from the Keeper.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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