was last updated, there are cases where
dealings might have been registered since that date. The Rulesprovide for alternative methods of updating
the information in the land certificate; firstly by submitting theland certificate itself to the Keeper
for updating or, secondly, by obtaining a Form 12
report.Updating
land certificate3.6
Rule 16 provides that the land certificate may be submitted to the Keeper
at any time for updating.Application
should be made on Form 8(Rule
16). This facility is more appropriate for use in thosecases where there is no current transaction
but it is nevertheless desired to check that the informationdisclosed in the land certificate is
up to date. Updating a land certificate is less appropriate wherethere is a current transaction, as it
will take the Keeper longer to update a land certificate than to issuea report from the
Land Register. Furthermore, the land certificate,
which takes the place of aprescriptive progress of titles, will
be required for examination by the purchaser or creditor’s solicitor.In the majority of transactions it
will be inconvenient for the land certificate to be out of circulation forthe time taken by the Keeper to bring
it up to date. It should also be noted that, when a land certificateis updated, the Keeper will note any
subsisting adverse entries from the Register of Inhibitions andAdjudications. These entries, however,
will only relate to those persons appearing from the title sheetto have an interest in the property.
There may be other persons who have acquired an interest sincethe date to which the land certificate
was last updated and of whom the Keeper may not be aware.Any such persons should be disclosed
on the Form 8 application.Form
12 report3.7
The appropriate method of searching the Land Register in relation
to a dealing with a registeredinterest,
is to apply for a Form 12 report. It is strongly
recommended that, for the reasons given in thepreceding
paragraph, in all cases where it is desired to obtain a report during the course
of a currenttransaction
covering the period from the date of issue of the land certificate, application
should be madefor
a Form 12 report. Just as the land certificate
takes the place of the completed sasine search, a Form12
report will serve the same purpose as an interim report from the Sasine
and personal registers. Thereport
is made against the subjects in or remaining in the title as at the date to which
the land certificatewas
last updated. Where the report relates to the whole of a registered interest,
reference to the titlenumber
is all that the Keeper requires to identify the subjects.Where, however, the transaction relates
to part only of the registered interest, not only must the titlenumber of the whole be given, but,
in addition, that part must be identifiable by the Keeper on theexisting title plan. Such identification
may be achieved by means of a plan attached to the application,a verbal description or a reference
to any approved estate plan.The
report will also cover a search in the Register of Inhibitions and Adjudications.
Parties to be searchedagainst
should include those parties disclosed in the proprietorship section of the title
sheet and any otherrelevant
parties. The names of all parties to be searched against must be included in the
appropriate partof
the Form 12 application. Attention is drawn to
the need for accuracy in completing this part of the formin respect of the names and addresses
of the parties to be searched against.A
Form 12 report covers the
period from the last date to which the
land certificate was updated(shown
on the inside cover of the certificate) which is the date to which the title is
indemnified, tothe
date of certification of the report reply
form. Where there is no land certificate,
because first