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What application forms should be submitted with a constitutive deed being submitted for dual registration or recording after the appointed day?

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A. The correct answer depends upon the nature of the constitutive deed. Where real burdens (other than only personal real burdens or real burdens constituted in terms of s.53) are being constituted using a disposition inducing registration in the Land Register, then at least two applications and two fees will be required. You will usually require a form 1 for the subjects that are the subject of first registration (or a form 3 if it is a transfer of part of a registered title), plus an application in respect of the other property which will usually be the benefited property. The correct form of application in respect of this property will depend upon whether it is registered in the Land Register. If it is, a Land Register form 2 will be required. If it is not, and the benefited subjects retained by the granter of the disposition are still in the Sasine Register, then the statutory Sasine Application Form should be used. If the disposition does not induce first registration in the Land

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