means locating and delineating the subjects on the ordnance map. As the principal index to the Land Register is the index map, an application for either a report or a registration must contain a sufficient description to allow the Keeper to find the subjects on the index map. The requirements will vary, depending on whether the application is for a report or for registration. They will also vary depending on whether the transaction is one which induces first registration or, if relating to a registered interest, relates to the whole or merely part of that interest. The requirements are therefore discussed below under these separate headings. (See Appendix 1 for detailed deed plan criteria). Occupational and title boundaries 4.7 There is one more fundamental, practical problem which is inevitable in any transition from a non map-based system of registration of deeds to a system of registration of title, namely the occupational boundaries  disclosed  on  the  ordnance  map  may  not  always  coincide  with  the  legal  boundaries disclosed  in  the  title  deeds.  Under  the  Sasine  system,  such  discrepancies  rarely  come  to  light. However,  under  registration  of  title,  the  Keeper  will  compare  the  description  of  the  property  as contained in the title deeds with the extent of the property as defined on the ordnance map. Any discrepancy will therefore come to light during the registration procedure. From the purchaser’s point of view, it is important that any such discrepancy should be dealt with before the transaction is settled, because  the  application  form  for  first  registration  requires  the  applicant  to  give  the  Keeper  certain assurances regarding the extent of the subjects. The seller should make sure that any such discrepancy is disclosed at the missives stage. It is therefore recommended that before missives are concluded, solicitors acting for sellers should compare the title description with the property as depicted on the latest ordnance map, and make appropriate qualifications to any acceptance. The problem can also arise with tenement flats in relation to ground pertaining to the flat in question, either exclusively or in common. Where a discrepancy is disclosed, it may be so slight that the Keeper can complete registration without difficulty by treating the discrepancy as falling within the ‘or thereby’ principle. Sometimes, however, there is a material discrepancy and the area encompassed by the occupational boundaries, as revealed on the ordnance map, is smaller than and falls wholly within the area described in the title deeds. In these  circumstances,  the  Keeper  may  register  the  interest,  as  defined  in  the  title  deeds.  However, depending on the results of his investigation and on any supplementary information obtained, the Keeper  may  exclude  indemnity  in  respect  of  that  part  of  the  subjects  outwith  the  occupational boundaries. The problem is equally serious where the occupational boundaries encompass an area larger than that described in the title deeds. This is because, if the discrepancy is not covered by the ‘or thereby’ principle, the Keeper may be unable to include the additional area in the title sheet, if there is no deed supporting the application for registration of that area. The two preceding paragraphs relate to a transaction leading to first registration. Where the transaction relates to an interest which has already been registered in the Land Register, the problem arises only where, on first registration, the ordnance map discloses no, or only some, occupational boundaries and the Keeper has shown the unmarked boundaries on the title plan by dotted (pecked) lines. In such  a  case,  as  occupational  boundaries  might  be  shown  on  the  ordnance  map  at  the  time  of  a subsequent dealing, these should be compared as recommended in paragraphs 4.11 and 4.12.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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