In only one case will the Keeper give
effect to a deed which is not accompanied by the appropriateapplication form. That is where on a
sale an existing heritable security is being discharged and thedischarge is submitted along with the
application for registration of the purchasers interest. In thelatter case a fixed
registration fee applies. (Fees
payable in respect of registration of title
aredetermined
from time to time by the First Minister. Details of the fixed fee
can be found in the currentFees
in the Registers of Scotland Order).First
registration - Form 15.3 Application
for first registration should be made on
Form 1. This form is similar in layout
andcontent
to the application Forms 2 and 3, but in addition contains two further Schedules;
one forheritable
securities and one for burdens. In listing outstanding heritable securities or
burdens, there isno
need to list the relative deeds using a standard conveyancing reference, or to
set the burdens outat
length. It is quite sufficient to refer to the writs by reference to their number
on the Form 4 thatmust
be submitted along with the application.For
example, the Schedules of the Form 1 submitted
for the transaction illustrated in paragraph 5.5would
be completed as follows:Schedule
of heritable securities etc.1.
Standard security No. 5 of Form 4Note that No. 9 of Form
4 should not be listed as it is not an outstanding standard security; it has
yetto be registered.Schedule of burdens1. Instrument of sasineNo. 1 of Form
4.2. Feu
charterNo. 2
of Form 4.3. Feu
dispositionNo.
3 of Form 4.Form
1 is appropriate for any first registration of an unregistered interest
and must be used whether theapplication
follows one of the transactions listed in
section 2(1)(a) or is an
application for voluntaryregistration
under either section 2(1)(b) or section
11(1).If
an application for first registration is accompanied by a new heritable security
or any dealing otherthan
those mentioned in paragraph 5.5 a separate application for registration of the
security or otherdealing
must be made on the appropriate form, either Form 2
or Form 3.Interest
already registered - Forms 2 and 35.4 There are two forms for use where
the transaction for which registration is sought relates to an interestwhich has already been registered.
Form 2 should be used where the application will
vary or amend an existingtitle
sheet. Form 3 should be used where the application
will require the opening of a new title sheet.