contained  in  the  Application  Record  is  to  be  incorporated,  a  new  set  of  pages  is  bound  into  the certificate.  If  the  Keeper  discloses  adverse  ROI  entries,  appropriate  notes,  excluding  indemnity  in respect of loss arising from reduction, e.g. (a) of any dealing struck at by the inhibition or (b) resulting from sequestration, will be endorsed on the relevant certificate. Registration and recording 5.8  In all  cases where  it is desired  not only to  register in the Land Register but also  to record the deed inducing that registration in the Sasine Register, the appropriate application for registration should be made in the terms discussed in paragraph 2.17. In addition, a warrant of registration should be endorsed on the deed and a Form CPB2 completed requesting that the deed also be recorded in the appropriate Division of the Sasine Register. The terms of Part III of the Fees in the Registers of Scotland Order 1995³ apply where a deed is simultaneously recorded and registered as above. The appropriate method of searching the Registers in such a transaction is discussed in chapter 3. Certificate of value for registration fee 5.9 The fees payable in respect of registration of title are determined from time to time by the First Minister in accordance with section 25 of the Land Registers (Scotland) Act 1868⁴, as amended by section  23  of  the  1979  Act.  As  the  fees  for  registration  are  based  on  an  ad  valorem  scale,  each application form contains, at box 10 of Part A on the front page, space for the insertion of the value which must be completed even if there is no consideration or the sum secured is not stated. Documents and evidence 5.10 In terms of section 4(1) the Keeper is required to accept an application for registration if it is accompanied  by  such  documents  and  other  evidence  as  he  may  require  to  examine.  The  precise nature of the documents and other evidence which the Keeper will require to examine will depend on two general factors: • The type of application: whether for first registration of an interest; for registration of a dealing with a registered interest; or for transfer of part of a registered interest. • The exact nature of the transaction. The  documentation  and  evidence  required  in  connection  with  the  three  most  common  types  of application are discussed in the following paragraphs. Documentation to be submitted with an application for first registration 5.11 An application for first registration should be accompanied by the following: • All deeds and documents necessary to establish the validity of the title. • Any deeds and documents containing information about matters which the Keeper is required, in terms of section 6(1) and (2), to enter in the title sheet.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

	< Previous Page | Next Page >