Organization : Registers of Scotland
Type of Facility : Land Registration
Country: Scotland
Website : https://www.ros.gov.uk/services/registration/land-register
Land Registration :
This section covers our registers. Across these pages, we explain how to start, manage and complete your registration process. Follow the links to the left to get to the specific information you need.
Related : Searching For Registered Property or Landlord Scotland : www.statusin.org/9244.html
Land Register:
The Land Register is our main register. Introduced in 1981, it’s a register of who owns land and property in Scotland.
The Land Register is based on the Ordnance Survey map, and includes plans of registered properties. Every property on the register has a title sheet, which is guaranteed by the state. The title sheet defines the extent of the property on a map and gives details of:
** current owners
** price
** mortgage details
** conditions affecting the property
Structure and contents:
The Land Register is made up of the:
** title sheet record
** cadastral map
** archive record
** application record
Each title sheet has a:
** property section
** proprietorship section
** securities section
** burdens section
Inaccuracy and rectification:
Inaccuracy:
The Land Registration etc. (Scotland) Act 2012 act provides that any inaccuracies must be rectified. However, the act also provides that for an inaccuracy to be rectified it must be manifest. Unlike inaccuracy, manifest is not defined. A manifest inaccuracy would exist where:
** a void deed is given effect to;
** the Keeper has incorrectly delineated a plot on the cadastral map;
** rights or burdens have been omitted; or
** the existence of an inaccuracy has been judicially determined.
The duty to rectify manifest inaccuracies is only engaged where what is needed to be done to rectify the register is also manifest. Where it is not manifest, RoS will add a note to the title sheet.
Rectification:
The 2012 Act contains no equivalent to the 1979 Act’s proprietor in possession test: the Keeper’s duty is to maintain an accurate register and therefore the consent of the proprietor is not required.
The act requires RoS to notify parties that have been affected by the rectification, we expect this to be the proprietor and heritable creditors in most cases but it may need to be wider in some cases. There are exceptions to the Keeper’s duty to rectify the register where;
1. Rectification would interrupt the running of positive prescription.
2. Realignment of rights has taken place, or
3. Real rights have become exempt from challenge by the operation of prescription.
Where it appears that a rectification may interrupt a period of positive prescription the Keeper cannot rectify unless the matter has been judicially determined or the parties involved consent.
One-shot rule:
One of the main drivers of the 2012 Act is that applicants should get their applications for registration right first time. Defective applications should not be entered in the application record, and this is in essence the One-Shot rule.
The Scottish Law Commission, in their report on land registration, found the current requisition system to be unsatisfactory. As well as being a waste of public resources, the Commission said that encumbering the application record with defective applications leads to delays in registration and unnecessarily prolonged uncertainty as to title. They also explained how the current system gives applicants who submit defective applications undue priority since they retain their original date of registration to the prejudice of other potential applicants. Finally the Commission said that in the current system diligent conveyancers are essentially subsidising the less diligent.