accepted. As interests in land in non-operational areas can, under section 11(1), be registered in the Land Register (albeit that only limited registrations will be accepted), it may be prudent on occasions when dealing with transactions bounded by a new development (which might have been registered) to instruct a Form 14 report from the Land Register to make certain that no part of the subjects has been included in the developer’s title sheet in the event of that development having been registered. Registration under section 11(2) - straddling plots 3.16 In any case falling under section 11(2), whether as a first registration under section 2(1)(a) or as a voluntary registration under section 2(1)(b), a Form 10 report should be instructed. When dealing with transactions relating to subjects in an area not yet operational but lying near the boundary of an operational area, it may be wise to consider obtaining a Form 14 report from the Land Register in case, on registration of a straddling plot, part of the subjects has been included in that registration. Register of Inhibitions and Adjudications Transactions inducing first registration 3.17 The application for a Form 10 report includes instructions for a search to be made in the personal registers,  and  this  part  of  the  form  should  be  completed  with  the  full  names  and  addresses  of  all parties against whom a search is required. There are two practical matters which should be kept in mind: • If, as is suggested, the Form 10 report is instructed at the commencement of the transaction, care should   be   taken   to   ensure   that   any   additional   names   to   be   searched   against   (i.e.   a purchaser/borrower)  are  included  in  the  application  for  a  continuation  of  that  report,  i.e.  when applying for the Form 11 report. • The Form 10 report will list the names of all the parties against whom a report in the personal registers has been instructed. However, the land certificate subsequently issued will not do so, but will only disclose any subsisting entries adverse to the interest being registered. Before issuing the land certificate, however, the Keeper will ensure that all names included in the application for the Form 10 (or Form 11) report are searched against. Any adverse entries found against these names will  be  investigated  by  the  Keeper  even  if,  ex  facie  of  the  deeds  submitted  in  support  of  the application, the party in question is not disclosed as having an interest. Transactions where the interest is already registered 3.18  The  title  sheet  of  each  interest  in  land  must  include  any  subsisting  entry  in  the  Register  of Inhibitions  and  Adjudications  adverse  to  the  interest  (section  6(1)(c)).  Any  such  entries  will  be disclosed  in  the  land  certificate  of  that  interest  or  in  an  office  copy  of  the  title  sheet  or  of  the proprietorship section of the title sheet. Similarly, such entries will appear on any Form 12 or 13 report instructed. It should be noted, however, that, as the Land Register reflects the current position of the title and does not give an historical narrative, ‘subsisting adverse entry’ means the entry of a diligence recorded in the personal registers which has not expired and in respect of which a discharge or recall has not been recorded. If a diligence has been discharged or recalled neither the diligence nor the discharge will be disclosed.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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