Head 5 - land registration Flashcards
What is the Register of Sasines?
The Register of Sasines is a Scottish land register that was established in 1617. It is mostly phased out today and replaced by the Land Register of Scotland.
What is the Land Register of Scotland?
The Land Register of Scotland is a Scottish land register that was established in 1979. It is being phased in since 1981 and replaces the Register of Sasines.
What are the advantages of registration of title over registration of deeds?
Registration of title gives the name of the owner, not just a bundle of deeds.
What is registered is not just the deed itself but the title of which the deed is evidence.
In registering a deed in the Land Register, the Keeper both determines and guarantees its legal effect.
What is the composition of the Land Register?
The Land Register comprises the title sheet record, the cadastral map, the archive record, and the application record.
What is the basic unit for land registration?
The basic unit for land registration is a plot of land, which is defined as an area or areas of land all of which are owned by one person or one set of persons.
What is the Register of Persons holding a controlled interest in land?
The Register of Persons holding a controlled interest in land is a register that identifies who owns, or ‘controls’, the owner of particular plots of land.
What is the Register of Overseas Entities?
The Register of Overseas Entities is a register that requires registration from non-UK entities that hold land in the UK. It became operational on August 1, 2022, and is maintained by Companies House.
What is the governing legislation?
The Land Registration (Scotland) Act 2012 (LR(S)A 2012) This replaced the original LR(S)A 1979 act
What is the process of switching from the Register of Sasines to the Land Register?
Process is called first registration.
What is voluntary first registration
Voluntary first registration (LRS 2012 s 27) is when people voluntarily register under the land register to ensure their boundaries are established before their neighbours. Under LRA 2012, firs registration also applies to succession
What must be registrable?
- Deeds must be registrable (s 49) this includes dispositions, standard securities, long leases, servitudes and real burdens
- Missives of sale are not registrable, nor floating charges or short leases.
Therefore, the register does not five an absolutely full picture of the encumbrances (subordinate real rights and certain other rights affecting the plot of land)
What is an inaccuracy in the register and when will it be rectified?
An inaccuracy in the register is where the register misstates what the actual position is in law or in fact. If the inaccuracy is manifest (clear beyond doubt) then the Keeper must rectify it.
However, if the inaccuracy is alleged to exist but is not manifest then the person must either litigate to establish it or give up
