From 1 April 2016, it ceased to be possible to record a standard security in the General Register of Sasines. This is the latest step in accelerating completion of the Land Register. Now, anyone granting a standard security over a sasine title must first register that title in the Land Register. The grant of the standard security is then a dealing with a registered title.
The borrower should register their title by making an application for voluntary registration of the title that is to be secured.
There is potentially a significant saving in registration dues. For simultaneous applications for voluntary registration of the land and the security over it, the voluntary registration fee will be waived, and only the fee of £60 for the standard security will be payable.
However if the sasine title covers more land than is being secured, and the borrower wants to register all of it, the usual registration fee will apply. The 25% discount on registration dues for voluntary registration will apply. This may still be regarded as a comparatively modest outlay to achieve registration in the Land Register of the whole of the title, particularly if, as is likely, the title examination work, to register the title for the purposes of the security, is already being carried out.
Registers' guidance on the new arrangements is available at www.ros.gov.uk/about-us/land-register-completion/closure-of-the-grs-to-securities-guidance/lenders-brokers-and-conveyancing-solicitors