Chapter 5 - Application for Registration
Introduction 5.1
Unlike the Sasine Register, the Land Register is not a register of deeds; it is
a register of interests in
land. While the Keeper, as a matter
of practice, keeps a microfiche or imaged
copy of each previously
unrecorded deed or document that induces or affects an entry in the title sheet,
it is the effect
of the deeds and documents submitted rather than the deed itself that is registered.
Deeds that induce
registration or that affect an already registered interest do not require a warrant
of registration unless
they must also be recorded in the Sasine Register. Instead rule
9(1) provides for the use of application
forms. An application
for registration typically consists of: •
the appropriate application form;
• the
deed to which the application relates; •
the appropriate remittance in respect
of the registration dues; •
other documents and evidence that may
be required to support the application; and •
an inventory (Form
4) in duplicate. The
documents and evidence required for the various types of application are discussed
more fully in chapter
2. They must be listed on the Form 4, Inventory
of Writs. Application
forms 5.2 Rule
9(1) prescribes three different forms of application for registration of interests
in land: Forms 1,
2 and 3. Rule 9(2) provides for a statutory
form of inventory, Form 4, which must accompany
such applications
Rule
13 prescribes a form to be used for noting (in contrast to registering)
some matter on the title sheet. Form
5 may be used, for example, for a noting of a house name of registered
subjects, or for noting the existence
of (or freedom from) an overriding interest.
A Form 4 inventory must
accompany a Form 5
application. Forms
1, 2 and 3 do not need warrants of registration. The first page of
each form (Part A) is designed to
provide the Keeper with both the authority
to register the interest and the information
that he needs
to enter the application on the Application Record. Part B requires answers to
various questions which
are intended to elicit essential pieces of information. The
Part B questions are not exhaustive, and
in some cases the Keeper may ask for
additional information
before completing registration. In
terms of rule 9, an application for registration
must be made by the person in whose favour the real right
will be created or affected by registration. The application form must be signed
by the applicant