land reg

Question 1

register of sasines

Answer 1

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

Question 2

land reg

Answer 2

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

Question 3

reg of deeds and reg of title

Answer 3

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.

Question 4

LRA 2012 S.1(1)

Answer 4

public reg of rights in land in scot

Question 5

LRA 2012 S.2

Answer 5

the land reg comprises of

Question 6

LRA 2012 s.3-10

Answer 6

title sheet record

Question 7

LRA 2012 s11-13

Answer 7

the cadastral map

Question 8

LRA 2012 s14

Answer 8

the archive map

Question 9

LRA 2012 s15

Answer 9

the application record

Question 10

s104 and 105

Answer 10

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

Question 11

s.3(4) LRA

Answer 11

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 .

Question 12

s.12(1) LRA

Answer 12

the plot of land is know as a cadastral unit

Question 13

s.3(1) LRA

Answer 13

each plot of land has its own title sheet

Question 14

3(2) LRA

Answer 14

if based on a long lease a second title sheet opened

Question 15

4 LRA

Answer 15

each title sheet has its own number

Question 16

title sheet comprise of 4 sections s.5 lra

Answer 16

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

Question 17

s.49 LRA

Answer 17

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

Question 18

s.15 and 33 LRA

Answer 18

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

Question 19

s.21 LRA

Answer 19

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

Question 20

S.21 lra

Answer 20

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

Question 21

S.30 lra

Answer 21

first reg keeper makes up new title sheet

Question 22

s.31 LRA

Answer 22

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

Question 23

s.37(1) LRA

Answer 23

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.

Question 24

s. 36(1) LRA

Answer 24

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

Question 25

s.73 LRA

Answer 25

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

Question 26

s.65 LRA

Answer 26

rectification for inaccuracies. where the reg misstates something.

Question 27

s.80(1) (2)LRA

Answer 27

INACURRACIES. where an inaccuracies manifest the keeper must rectify it

Question 28

s.82 LRA

Answer 28

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

Question 29

s.86-93 LRA

Answer 29

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

Question 30

s.73 LRA

Answer 30

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.

Question 31

s.84/85 LRA

Answer 31

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

Question 32

s.103 LRA

Answer 32

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

Question 33

register of persons holding controlled interest in land

Answer 33

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