9.6.1 Introduction

The basic requirement for registering an interest in land in the Land Register for the first time is that it follows on a transfer of that interest for valuable consideration.

The Keeper may, however, accept for registration an interest in land lying within an Operational Area or within the next area to be declared Operational which does not follow such a transfer.

The Keeper has absolute discretion to refuse or accept an Application for Voluntary Registration and advance approval in writing must be obtained prior to the submission of the Application. The Application should be made on a Form 1 and the whole provisions as to identification of the subjects and the production of documents and evidence applicable to a First Registration apply.

If a development is about to take place and numerous sales of parts of the property are contemplated, it could be advantageous to register the property so that, on sales of part, simpler deeds and search procedures can be used, only a Land Certificate need be examined by each purchaser instead of the full progress of titles. Applications for registration of the Transfer of Part will also be a simpler process.

However, where building development is contemplated, adequate time should be allowed for the due processes of Land Registration, including the possible need for a survey, to be completed before sales of properties begin. The time allowed should be no less than 4 months.

As stated at part D.1.10(5) of the Registration of Title Practice Book, "In any case where the Keeper considers it necessary to instruct a special survey in order to complete a Voluntary Registration, the cost of the survey will be borne by the Applicant. The Keeper will not, however instruct such a survey without first consulting the applicant who, if he does not wish to incur the expense of the survey, may then withdraw the Application, or, if the Keeper considers it possible to complete registration, but only with exclusion of indemnity, request the Keeper to complete registration on that basis".

9.6.2 Subjects Held On A Sasine Title

An Application for Voluntary Registration will be in respect of subjects which the Applicant holds on a title recorded in the Sasine Register.

The Keeper may accept an Application for Voluntary Registration of the remainder of a partially developed site. Such an area must be adequately identified on a good quality plan preferably based on the Ordnance Map as the Keeper’s requirement is to be able to identify those subjects on the Ordnance Map. The plan should be accompanied by a certificate by the applicant or the solicitors for the applicant in the following terms: -

"On the plan attached hereto is delineated in red the area of ground remaining in the possession of us/our clients X, Y and Z, and being the remainder of the ( ) areas of ground described in, disponed by and delineated in red in the plan annexed and signed as relative to the Disposition in favour ( ) recorded ( )".

Both the certificate and the plan must be signed. Such a remainder should preferably be entirely self-contained and any amenity ground, for example, held in common should fall within that remainder and benefit only properties also within that remainder. Among the documents to be produced to support such an Application is the Applicant’s recorded title.

Application may also be made for registration of only a part of subjects which are still held on a Sasine title. The part must be identified and the certificate referred to above, adapted to suit.

9.6.3 Registration Dues

If the Application for Voluntary Registration is in respect of subjects for which the applicant has not recorded his title in the Sasine Register, the fee is in respect of the consideration in the title or, if there is none, the value of the subjects. If the title has been recorded in the Sasine Register, the value of the undeveloped land at the time of registration in the Land Register is required for fee purposes.