Commentary on Sections
Part 2: Registration
Applications for registration
Sections 24 and 25: Conditions of registration: certain deeds relating to unregistered plots
92.These sections make provision for the circumstances in which, as a consequence of an application for registration of a subordinate real right (such as an assignation of an unregistered lease), a first registration of the underlying land must take place. There will be additional applications of these types by virtue of the closure of the General Register of Sasines under section 48.
93.Section 24 sets out the type of applications in relation to which the conditions in section 25 apply on first registration of the underlying unregistered land. They are:
on an application for registration of a lease over the land;
on an application for registration of an assignation of a lease over the land;
on an application for registration of a sublease over the land;
on an application for registration of a deed registerable because the Register of Sasines has been closed to new deeds of that type (see sections 48(3) and (4) over the land;
on an application for registration of a notice of title to a subordinate real right in relation to the land; and
on an application for registration of a standard security over an unregistered, subordinate real right in relation to the land.
94.Section 25 sets out the additional conditions for the registration of the deeds referred to in section 24.
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