Keeper  to  supply  any  relevant  or  specific  information  which  he  can  provide  from  the  Register  of Sasines. A fee will be charged by the Keeper for a Form 14 report, any office copy issued or information provided from the Register of Sasines. Search over unregistered land in an operational area where first registration is not contemplated 3.13  While a Form 10 report is the appropriate method of searching the Registers in the case of a transaction which will lead to first registration, it is not appropriate to a transaction where the deed still  falls  to  be  recorded  in  the  Sasine  Register.  Conversely,  it  is  not  appropriate  to  instruct  the preparation of a search in cases where the transaction will lead to first registration. However there are circumstances where a search will or may require to be continued or prepared as at present although the subjects lie within an operational area: (a) Where the transaction will not induce first registration, for example, the grant of a standard security over an unregistered interest, a search, or the continuation of an existing search, should be instructed together with, if required, an interim report. There may be cases where the solicitor dealing with a non-registrable transaction will wish to confirm that the interest has not in fact been registered. In such cases application should be made for a Form 14 report. (b) Where the transaction is a grant of a feu or a long lease and thus itself induces first registration although the title of the superior or landlord will remain unregistered, or where the transaction is a sale of part only of unregistered subjects, the superior, landlord or seller, as the case may be, may wish the existing search for incumbrances to be continued to disclose the transaction. In such cases while the transaction should proceed as one inducing first registration and a Form 10 report will require to be obtained the solicitor may wish to have the search brought down to date as well. Search over subjects in non-operational area 3.14 There are two occasions when an interest in land outwith an operational area may be registered in the Land Register, namely: • Where  the  Keeper  accepts  an  application  for  voluntary  registration  of  an  interest  in  land  lying outwith an operational area under section 11(1); and • Where subjects lie partly in and partly outwith an operational area, any of the transactions referred to in section 2(1)(a) will induce first registration of the whole subjects (i.e. including the part lying outwith the operational area) in terms of section 11(2). Such occasions call for special consideration. Voluntary registration under section 11(1) 3.15 The Keeper will accept applications for registration in the Land Register under section 11(1), but only where they relate to substantial developments which lie within the area next to be designated as operational (see paragraph 2.8) It is suggested that where a developer seeks voluntary registration under section 11(1) and already has a recorded sasine title, a Form 10 report should be instructed prior  to  an  application  for  registration  being  submitted.  Before  application  for  a  Form  10  report  is made, it should be ascertained from the Keeper that an application for voluntary registration will be

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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