Registers of Scotland highlight potential difficulties from transactions affecting multiple titles or title sheets; discharge of security over part of the subjects; and the SLC draft bill
Transactions affecting multiple Land Register title sheets and/or sasine titles
Recently, RoS has received a number of applications that have affected multiple Land Register title sheets and/or properties still on the General Register of Sasines. These applications usually involve 10 or more properties on one or both of these registers. Several of these applications have had to be rejected at the initial intake stage and returned to the submitting party for amendment. The risk of an application being rejected increases with the number of properties that are included on that application, as an error or omission in relation to just one of the affected properties can render the whole application invalid.
To avoid the additional work for both the submitting party and RoS that is associated with a rejection of such an application, the Keeper would encourage the legal profession to contact RoS prior to submitting such applications. In addition to offering advice on the evidence required for this type of application, RoS staff will be happy to carry out some straightforward checks on the applications and associated deeds when they are still in draft. This should ensure that the application will be accepted when it is submitted for registration and/or recording.
Discharge of security
RoS has recently received a number of enquiries about the situation where a standard security is redeemed when part of the secured land is sold. If a discharge of the security is obtained, it is preferable that the discharge is registered and/or recorded in respect of the whole land to which it relates.
This will reduce the risk of a problem arising at a later stage, if by that time the discharge cannot be found. While a copy of the deed may be obtained from the Keeper, that copy may be of limited usefulness: for example, a copy deed cannot be recorded in the Sasine Register.
The problem typically arises where the secured land is held on a title recorded in the Sasine Register and part of the land is being sold. The sale will induce first registration of that part in the Land Register. If the discharge is simply presented for registration in the Land Register with the application for first registration, then the Keeper will omit the security from the title sheet for the part of the land which is being registered. However, the discharge will not be given effect against the remainder of the property unless it is also presented for recording in the Sasine Register, along with a Sasine application form and the usual £30 registration fee.
If the discharge is available prior to submission of the purchaser’s application, then a single application to record the discharge in the Sasine Register will suffice, provided that recording takes place prior to the date on which the Keeper receives the purchaser’s application for first registration.
ARTL UPDATE – as at 22 Mar 2010
- 24,617 ARTL transactions have taken place.
Live on ARTL
- 333 solicitors firms are currently on the ARTL system.
- 22 lenders are currently on the ARTL system.
- 11 local authorities are using the system.
- 1 full sign-up meeting scheduled for the next four weeks.
For up-to-date information and a full list of participating practices and companies go to: ros.gov.uk/artl
Draft Land Registration (Scotland) Bill
RoS Legal Services Directorate will carry out a consultation this summer into the proposals contained in the draft Land Registration (Scotland) Bill, recently published by the Scottish Law Commission.
The changes encompassed by the Bill seek to make the land registration system more efficient and effective, improve the registration process, and plan for the closure of the Sasine Register.
- Further details on the consultation process will be published shortly. Please contact Catriona Hardman, Deputy Keeper (Legal and Corporate Services) if you would like further information at this stage. Email firstname.lastname@example.org