Reports over subjects held pro
indiviso3.9
As discussed in paragraph 5.52, pro indiviso shares
will be kept on one title sheet but in somecases
separate land certificates will be issued
to each pro indiviso proprietor.
Where a report isrequired
over a pro indiviso interest in respect of which
a separate land certificate is held, it should benoted
that, when a Form 12 report is instructed, the
Keeper must be advised on the application formfor
that report of the date down to which the land certificate was last completed.
This date is givenon
the inside front cover of the land certificate. Where, however, one land certificate
has been issuedcovering
all the pro indiviso interests (the commonest
example of pro indiviso ownership is propertyheld in joint names of husband and wife),
the Keeper does not require this information.Other
methods of obtaining information from the Land Register3.10 The
principal methods of obtaining information from the registers have already been
discussed,namely
a Form 10 report where
the interest is unregistered but the transaction
will induce firstregistration;
or, where the interest has already been registered, a Form
12 report; or, in appropriatecircumstances,
submission of the land certificate to the Keeper for updating. These latter two
methods,are,
however, only of use to the holder of the land certificate. Any other party requiring
to ascertainthe
state of the register must either obtain an office copy or apply for a Form
14 report.Office
copy3.11 While
the Land Register is a register of interests in land and not a register of deeds,
the Keeperwill,
in fact, keep on microfiche for each title sheet copies of all deeds or documents
referred to in thattitle
sheet. Microfiche copies are also kept of deeds or documents which have induced
entries on thetitle
sheet or caused amendments to be made to existing entries. In terms of section
6(5), the Keeperis
bound to issue to any person applying, a copy, to be known as an office
copy, of any title sheet orany
part of a title sheet (for example the
charges or the burdens section) and of
any documentreferred
to in the title sheet. Requests for office copies may be endorsed on a Form
10 report request.However,
where a report is not required, or the
person ordering the office copy is a
third party,application
should be made on Form 15. It should be noted that
to complete Form 15 it is necessaryto know the title number of the relevant
interest. If this information is not known to the applicant thenapplication must be made using Form
14.While
an office copy of the title sheet or of the proprietorship section of the title
sheet will discloseany
subsisting adverse entries from the Register of Inhibitions and Adjudications,
it must be stressedthat
the indemnity in respect of information from
the personal registers only covers informationrelating to those persons who appear
to the Keeper from the title sheet to have an interest. There maywell be parties of whom the Keeper
is unaware, and instructions for a search in the personal registersin respect of such persons may be given
on Form 15.Report
to determine if an interest in land has been registered3.12 Form
14 is an enquiry to discover if particular subjects are registered in the
Land Register andcan
be used to order an office copy of the title sheet of the interest if it has been
registered. The formmay
also be used to instruct a search in the Register of Inhibitions and Adjudications.
In cases wherethe
Form 14 report reveals that no registration has
taken place, the enquirer may by letter request the