by  means  of  a  plan  attached  to  the  report.  The  possible  courses  of  action  open  to  the  Keeper  on receipt  of  an  application  for  registration,  if  the  discrepancy  has  not  been  resolved  by  then,  are discussed in paragraph 4.14. In all cases where the Form P16 report discloses a material discrepancy, that  report,  together  with  the  plan  attached  to  it,  must  be  included  with  the  other  deeds  and documents  submitted  with  the  application  for  registration  even  where  the  discrepancy  has,  in  the interim, been resolved. It is important that Part B. 2. of the application for first registration (Form 1) is completed  correctly,  particularly  where  it  is  asked  if  the  Form  P16  report  has  confirmed  that  the boundaries  of  the  subjects  agree  with  the  relevant  detail  on  the  ordnance  map.  In  the  event  of  a discrepancy having been revealed, even if it has subsequently been resolved, the answer here must be ‘NO’, and the subsequent questions answered to provide the necessary information. A flow chart explaining the various options open to solicitors arising from an answer 3 to a P16 report can be found in appendix 2 to this chapter. Form P17 report - application 4.11  Typically such a comparison is only necessary on subsequent dealings of a registered interest where the land certificate plan shows one or more boundaries as pecked (or dotted) lines and the face of the plan bears the following stamp: The  boundaries  shown  by  dotted  lines  have  been  plotted  from  the  plans  to  the  deeds.  Physical boundaries will be indicated after their delineation on the ordnance map. Where a Form P17 report is required this should be obtained before missives are concluded. Whether the transaction in respect of which the report is required relates to the whole or to part only of the registered interest, reference to the title number of that interest will be sufficient to enable the Keeper to compare the pecked boundaries with the ordnance map. Form P17 report - effect 4.12 This report provides an alternative to  a solicitor checking the title  boundaries and  occupational boundaries in person. If the comparison discloses a material discrepancy, the Keeper will indicate the extent of this on a plan attached to the report. Any application for registration of the dealing must be accompanied by this plan, even  if the discrepancy has  been resolved in the meantime. It cannot  be assumed  that  the  Keeper  will  not  exclude  indemnity  on  registering  a  dealing.  The  possible  lines  of action open to the parties where such a discrepancy does appear and the action likely to be taken by the Keeper are discussed at paragraph 4.20. Application for Form 10 report 4.13 The Form 10 report covers, in addition to the Register of Inhibitions and Adjudications, both the Sasine  and  Land  Registers.  To  enable  the  Keeper  to  search  the  Sasine  Register,  a  description  by reference to a recorded deed is all that is required. Such a reference, however, will not enable the Keeper to trace the subjects in the Land Register as they must be identifiable on the index map. The following are suggested as guidelines: • In all cases where there is a postal address, this should be given.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

	< Previous Page | Next Page >