S16.1 Joint Recording/Registration

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Nov 10, 2015
2 min read

A joint recording commonly refers to a writ where there are subjects in both the Land Register and the Sasine Register. Also sometimes referred to as a Dual Registration, this latter term now more commonly identifies deeds where there are real burdens and/or servitudes which have to be dual registered against both the burdened and benefited property as per Section 4(5) of the 2003 Act.

It also used to cover cases where subjects were coming back from the Land Register into Sasines, as in a Disp. ad rem., but since the implementation of the Abolition of Feudal Tenure etc (Scotland) Act, this is no longer competent.

Land Register Intake take the deed on and pass it on to Sasine Intake along with a form L14A. If there is no L14A then refer it immediately to Sasine Intake. The L14A details the Title and Application numbers for the Land Register and is used to tie up the form and the deed with the application once it has been completed in Sasines.

Once we have confirmed that the deed is suitable for recording in Sasines we will process the original through Sasines in the normal way, after which it is married up with the LR application.

If there is an error in the deed resulting in it having to be withdrawn from the Sasine register then this should be noted on the L14A when we return it to the Land Register. In addition, we need to complete an L14B (top line only: Title & Application numbers and Date, all taken from the L14A) and attach it to the rubric. When the deed is resubmitted and accepted for recording the L14B is updated and sent to the Land Register confirming the actual date of recording. (The date in the Land Register can be amended to match the Sasine date.) A copy of the resubmitted deed, including a colour copy of any plan, should always be made and sent to the Land Register so they can compare it to the initial copy.

Or, if the deed is still in error and is to be withdrawn again, then we send the updated L14B to the Land Register and complete another L14B to attach to the rubric as before.

 

Registers of Scotland (RoS) seeks to ensure that the information published in the Sasines Manual is up to date and accurate but it may be amended from time to time.
The Manual is an internal document intended for RoS staff only. The information in the Manual does not constitute legal or professional advice and RoS cannot accept any liability for actions arising from its use.
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