As indicated, a Form
10 report is a report over subjects
in respect of which an application for
firstregistration
is to be made. If these subjects form the balance of a larger area from which
parts havebeen
sold earlier, the report can only be
over that balance. Accordingly, if the subjects
are to bedescribed
by reference to a recorded deed which described the larger area, the report request
shouldnarrate
the exceptions from that larger area. If per incuriam the
report request describes only the largerarea,
the Keeper will contact the agent and draw attention to the exceptions. The exceptions
will beadded to
the description in the report request and the report will be carried out over
the balance, i.e.the
larger area under exception of parts already sold. There will be no mention of
the exceptions in thebody
of the report. This maintains consistency with the principles applied above with
regard to a reportover
an identified part of larger subjects.The
Form 10 report is appropriate for a transaction
which will induce first registration either in termsof
section 2(1)(a) of the Act or because voluntary
registration under section 2(1)(b) is being sought.In the majority of cases, the solicitor
will know that the interest has not already been registered; butthere may be cases
where the solicitor is unaware that registration
has taken place or, where onregistration of an adjoining
property, part of the subjects has been
included in that registration.Accordingly,
an office copy (see paragraph 3.11) of any appropriate title sheet can be ordered.Form
11 report3.4
In registration of title, just as the
land certificate takes the place of the
completed search forincumbrances,
a Form 10 report is equivalent to
the uncontinued search plus the interim report onsearch. Under the sasine system, an
interim report is not always instructed; and, when it is, it is usuallyinstructed as nearly as possible to
the date of settlement but allowing sufficient time to deal with anyunexpected items which might appear
in it. It is suggested that the Form 10 report
should be obtainedat
the beginning of the transaction and a continuation of that report (a Form
11 report) obtained at thelatest
possible moment. To
safeguard against the possibility of the interest (or part of it) having already
been registered, it issuggested
that the Form 10 report should be obtained before
the subjects are put on the market. Anycontinuation
of a Form 10 report must be instructed on a Form
11 which should again be submittedin
duplicate. The Form 10 report itself, however,
should not be enclosed with this further applicationas
the Keeper retains a copy of the original report. The Form
11 report will automatically include acontinuation
of the search in the personal registers against those parties named in the application
forthe Form 10
report. If it is desired to search against additional parties, e.g.
the purchaser/borrower,these
parties should be fully designed in the Form 11
application.Reports
over interests in land registered in the Land Register3.5
Once an interest has been registered in the Land Register, the land certificate
issued in respect of thatinterest
gives a complete picture of the state
of the Land Register as at the date
to which the landcertificate
was last updated, this being the date shown on the inside front cover of the land
certificate.Neither
a search under the Sasine system of
recording of deeds nor a Form
10 report is, therefore,appropriate
once an interest has been registered under rule 9(3).
The land certificate must accompanyeach
application for registration of a dealing in a registered interest, except in
the limited number of caseswhich
are set out in rule 18. While, therefore, the land
certificate (with the benefit of the rectification andindemnity
provisions) may be relied upon as an accurate record as at the date when the land
certificate