land reg Flashcards

1
Q

register of sasines

A

first created 1617. no longer used for reg of disp/ std sec ect. but can still reg other deeds s.48 LRA

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2
Q

land reg

A

1981 created. Scotland divided into 33 reg counties. s.27 there is first reg rolling process
62% of Scottish properties on land reg.
30% land mass
gov set a target for all properties to be reg by 2024
keeper induced reg s.29

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3
Q

reg of deeds and reg of title

A

sasines used reg of deeds= register just a copy of the deed. benefit art to reg
-ves the mere fact that deeds reg no guarantee of validity

reg of title is the new system dev in Scotland Germanic system.
significant advantages reg deed and title as evidence of ownvership. the keeper determines legal effect.
pile of deeds similar to that of the sasine is reduced to one sheet THE TITLE SHEET.
which contains the authroitive and GURANTEED ACCOUNT OF TITLE.

TITLE SHEET CONTAINS: boundaries of property/ name of owner, std sec, servitudes, rb.
FIRST REG IS THE MOST COMPLICATED PART.

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4
Q

LRA 2012 S.1(1)

A

public reg of rights in land in scot

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5
Q

LRA 2012 S.2

A

the land reg comprises of

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6
Q

LRA 2012 s.3-10

A

title sheet record

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7
Q

LRA 2012 s11-13

A

the cadastral map

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8
Q

LRA 2012 s14

A

the archive map

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9
Q

LRA 2012 s15

A

the application record

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10
Q

s104 and 105

A

the reg exists only in electronic form and any relevant paper is scanned. on payment of a fee it is possible to obtain paper or obtain electronic copies of anything on the reg

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11
Q

s.3(4) LRA

A

The basic unit for land reg is a plot of land as an area of all of which are owned by one person or one set of persons .

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12
Q

s.12(1) LRA

A

the plot of land is know as a cadastral unit

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13
Q

s.3(1) LRA

A

each plot of land has its own title sheet

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14
Q

3(2) LRA

A

if based on a long lease a second title sheet opened

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15
Q

4 LRA

A

each title sheet has its own number

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16
Q

title sheet comprise of 4 sections s.5 lra

A
s.5 LRA.
property section= s.6
propriortor s.7
securties s.8
burdens s.9#
17
Q

s.49 LRA

A

deed must be reg
REG= DISP ect.
But not missives of sale or FLOATING CHARGE!
does not give full picture of encumbrances

18
Q

s.15 and 33 LRA

A

an app form must be completed and sent in with the deed which is to be reg on receipt. the app is entered in the app record

19
Q

s.21 LRA

A

the app must satisfy the keeper as to

  1. the gen application conditons in s.22
  2. the particular application condtions appropriate to the transaction most notable those set out in s.23(FIRST REG) AND S, 113(2) LAND ID ON THE MAP AND DEED IS VALID
20
Q

S.21 lra

A

KEEPER MUST ACCEPT IF SATIFIED WITH APP IF NOT SHE must reject

21
Q

S.30 lra

A

first reg keeper makes up new title sheet

22
Q

s.31 LRA

A

Otherwie she makes appropriate alteration to the title sheet tat already exists

23
Q

s.37(1) LRA

A

on reg and assuming a valid deed a real right of the appropriate kind is created. the date of reg is the date of app.

24
Q

s. 36(1) LRA

A

which in turn means the date the entry is made on the app

25
Q

s.73 LRA

A

title is WARRENTED by the keeper after s.36(1|) date

26
Q

s.65 LRA

A

rectification for inaccuracies. where the reg misstates something.

27
Q

s.80(1) (2)LRA

A

INACURRACIES. where an inaccuracies manifest the keeper must rectify it

28
Q

s.82 LRA

A

where an inacurrancy is alleged but is not manifest the person founding the inaccuracy must either litigate to establish it or give up. litigation can be either in ordinatry courts or LT

29
Q

s.86-93 LRA

A

INNACURANCIES can sometimes be washed out by sub transfer a person wanting to rectify may have to make haste

30
Q

s.73 LRA

A

rectification neither confers rights/ extinguishes them. it merely brings the reg title into line with the actual legal/ factual pos. if this is surprise/ unwelcome then claim through keeper warrenty.

31
Q

s.84/85 LRA

A

even if person gains from rectifiction they are likely to have incurred legal expenses in pursuing cliam and may also have suffered some loss this can be compensated by keeper

32
Q

s.103 LRA

A

apeeals against decions by the keeper can be made to the LT on q of fact and Law possibly judicial review.

33
Q

register of persons holding controlled interest in land

A

this will identify who owns/ controls the owner. aimed at trusts/ overseas companies
s.39 of land reform scot act requirement