land reg Flashcards
register of sasines
first created 1617. no longer used for reg of disp/ std sec ect. but can still reg other deeds s.48 LRA
land reg
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
reg of deeds and reg of title
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.
LRA 2012 S.1(1)
public reg of rights in land in scot
LRA 2012 S.2
the land reg comprises of
LRA 2012 s.3-10
title sheet record
LRA 2012 s11-13
the cadastral map
LRA 2012 s14
the archive map
LRA 2012 s15
the application record
s104 and 105
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
s.3(4) LRA
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 .
s.12(1) LRA
the plot of land is know as a cadastral unit
s.3(1) LRA
each plot of land has its own title sheet
3(2) LRA
if based on a long lease a second title sheet opened
4 LRA
each title sheet has its own number
title sheet comprise of 4 sections s.5 lra
s.5 LRA. property section= s.6 propriortor s.7 securties s.8 burdens s.9#
s.49 LRA
deed must be reg
REG= DISP ect.
But not missives of sale or FLOATING CHARGE!
does not give full picture of encumbrances
s.15 and 33 LRA
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
s.21 LRA
the app must satisfy the keeper as to
- the gen application conditons in s.22
- 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
S.21 lra
KEEPER MUST ACCEPT IF SATIFIED WITH APP IF NOT SHE must reject
S.30 lra
first reg keeper makes up new title sheet
s.31 LRA
Otherwie she makes appropriate alteration to the title sheet tat already exists
s.37(1) LRA
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.
s. 36(1) LRA
which in turn means the date the entry is made on the app
s.73 LRA
title is WARRENTED by the keeper after s.36(1|) date
s.65 LRA
rectification for inaccuracies. where the reg misstates something.
s.80(1) (2)LRA
INACURRACIES. where an inaccuracies manifest the keeper must rectify it
s.82 LRA
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
s.86-93 LRA
INNACURANCIES can sometimes be washed out by sub transfer a person wanting to rectify may have to make haste
s.73 LRA
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.
s.84/85 LRA
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
s.103 LRA
apeeals against decions by the keeper can be made to the LT on q of fact and Law possibly judicial review.
register of persons holding controlled interest in land
this will identify who owns/ controls the owner. aimed at trusts/ overseas companies
s.39 of land reform scot act requirement
