The Keeper will normally have knowledge
only of those parties appearing from the title sheet to havean interest. It is possible that, between
the date of the last registration and the date of application fora report, or for an office copy or for
the updating of the land certificate, other parties of whom theKeeper may have no knowledge may have
acquired an interest in the subjects which may be affectedby a diligence recorded in the personal
registers. So, while any report instructed, or an updated landcertificate, or an office copy of a
title sheet or of the proprietorship section of a title sheet, will discloseany subsisting adverse diligence against
a person of whom the Keeper has knowledge, if there are anyother parties against whom a search
should be made, these must be notified to the Keeper. Each of theappropriate forms of application makes
provision for so doing.There
is not, of course, any need to instruct specifically a search against persons
who will appear fromthe
title sheet to have an interest. A Form
14 report will not, however, disclose
any entries in thepersonal
registers unless specific instructions are given for a search in those registers
or the reportdiscloses
that the interest is registered and the Keeper has been asked in this event to
issue an officecopy
of the title sheet. The form makes provision for instructing a search in the personal
registers andcan
be used to order an office copy.It
is particularly important to remember to instruct the Keeper fully when ordering
an office copy orsubmitting
the land certificate for updating. It is probably less likely that the need to
search againstadditional
parties will be overlooked where the report
is being instructed as part of a currenttransaction. It should also be remembered
that while specific instructions need not be given wherethe parties interest will clearly
be disclosed from the title sheet, if there has been any change, forexample in the address of any of the
interested parties, this information should be given to the Keeper.Applying for reports3.19 In terms of the Land Registration
(Scotland) Amendment Rules 19982 which
came into force on1
January 1999, application to the Keeper for a report shall be made on the appropriate
form andapplication
for an office copy in terms of section 6(5) of
the 1979 Act shall be on Form 15.A report or office copy may be applied
for by fax or electronic mail provided the information whichwould have been included
on an equivalent application using the appropriate
form is supplied. Atelephone
application for a report or office copy may also be accepted, provided the same
informationis
supplied, together with such additional information as the Keeper may require
(rule 24).REGISTERS
DIRECT3.20 The
proposed introduction of a system of direct access to the records maintained by
the Agencyaddresses
the twin aims of improving access to public records and helping to reduce the
cost to thepublic
of conveyancing in Scotland. Direct access makes the Agencys data bases
available to userscountrywide
and eliminates any need to visit an Agency office or engage the services of a
third partyto
obtain information from the records held by the Keeper.Logging
on to the system is achieved via a web browser running
on a personal computer equipped with amodem.
This gives access to a menu of easily-navigable screens by means of which the
user will be ableto
interrogate the data bases relating to the Land
and Sasine Registers, the Register of Inhibitions
andAdjudications,
the Register of the Books of Council and Session (Deeds) and the Register of Judgments.