regarding the non-entitled spouse would
therefore be required.The
Form 4 also serves as an acknowledgement and should
be submitted in duplicate. The Keeperwill
return one receipted copy to the applicant.Where
a transaction gives rise to two separate
applications, as in the example above, i.e.
oneapplication
for the disposition (item 8) and another
application for the standard security (item
9),separate
application forms are required, but it is unnecessary to complete two inventories.
One Form4
(in duplicate) will suffice for both, even where separate solicitors
are acting. If each solicitor requiresan
acknowledgement from the Keeper, an additional copy of the Form
4 should be enclosed alongwith
a note of the name and address of the solicitor to whom the extra acknowledgement
should besent.In some instances, there may already
exist with the title deeds an inventory of writs in a suitable formfor submission with the application.
The Keeper will not object if the existing inventory is photocopiedand attached to the Form
4, provided the photocopy is legible.Noting
on the Land Register - Form 55.6 Reference is made
in chapter 2 to noting additional information
on the title sheet and, moreparticularly, noting the existence
of, or freedom from, an overriding interest. When a proprietor wishesthe Keeper to note a matter on the
Register, application should be made on Form 5.
Although theKeeper
is not bound to give effect to any such application (sections
6(1)(g) and 6(4)(b)(ii)), he willusually comply. The application should
be accompanied by the land certificate and such documentsas are necessary to support the application,
together with a completed Form 4 in duplicate.In practice, except in the case of
the noting of an overriding interest, the Keeper is seldom asked to noteany additional information
(for which a fee is chargeable), except
as part of an application for theregistration of a dealing. In this
latter case, a Form 5 is unnecessary as each application
form allows theapplicant
to ask the Keeper to note additional matters. Although the forms refer specifically
to overridinginterests,
they can be used to notify other information, e.g. a
change of street name. In this case the localauthority’s
notification should be submitted along with the other evidence supporting the
application forregistration.
The Keeper is under a duty in terms of section 6(4)(a)
to note an overriding interest where anyof
the documents supporting the application for registration discloses the existence
of that interest.Application
for land or charge certificate to be made to correspond with title sheet - Form
85.7 In terms
of rule 16(1) and (2), an application can be made
to the Keeper for a certificate of title(i.e. a
land or charge certificate) to be made to correspond with the relevant title sheet.
Application ismade
on Form 8 and a fee is chargeable. On receipt of
a Form 8 application, the Keeper will searchthe Application Record for details
of any outstanding applications which have still to be reflected inthe title sheet, and for any entries
which have yet to be reflected in the land certificate. A search isalso undertaken of the Register of
Inhibitions and Adjudications (the ROI, also known as the PersonalRegister). If
no alteration is required and the ROI search is clear, the inside cover of the
certificate is stampedwith
the new date and the certificate is
returned to the ingiving agent. Where new
information