Land Registration Flashcards
What is the Sasines Register?
It is a collection of deeds.
What is the Land Register?
It is a register of titles.
What are the 4 parts to the Land Register?
1) Cadastral Map
2) Title Sheet Record
3) Archive Record
4) Application Record
What are the 4 parts to a Title Sheet?
a) Property
b) Proprietorship
c) Securities
d) Burdens
On the title sheet what is meant by - Property Section?
Cadastral Map, Verbal Description of the area, pertinents.
What is Pertinents?
A right you have that is an encumbrance on another property.
On the title sheet what is meant by - Proprietorship Section?
Owners and Co-Owners.
On the title sheet what is meant by - Securities Section?
Standard Securities.
On the title sheet Section D what is included?
Real Burdens, Servitudes and Long Leases.
Do servitudes made by prescription show up on a title sheet?
No.
Are leases of less that 20 years registered?
No.
What does advanced notice do?
Deals with the risk period between the application being made and it being granted.
What is a letter of obligation?
This is given during the risk period and allows for any expenses incurred to be paid by the seller’s solicitors. If any unexpected entries arise.
What does ‘First Registration’ mean?
Transfer of property out of the old register into the new.
What does ‘Unregistered Property’ mean?
It is not in the new register; it will however be in the Sasine Register.
What system does Scotland use for land Registration and where is it based?
Unitary based in Edinburgh.
If you do not register heritable property can you obtain a real right in it?
No
What act established the Sasine Register?
Registration Act 1617
What section of the Land Registration (Scotland) Act 2012 allows for any disposition to be registered?
Section 48
Can people voluntarily register in the Land Register?
Yes, under the LR(S) 1979 but this was at the keepers discretion. Under the LR(S) 2012 the keeper must accept applications.
In part B of the title sheet it will state the title shares for co-owners? True or False
True
What Section of the LR(S) Act 2012 deals with combination and division of land?
Section 13
What are the two public law encumberences that can be entered into part D of a title sheet?
i) Public Rights of Way
ii) Path orders made under the Land Reform (Scotland) Act 2003
What is the purpose of the archive record?
To provide a back up for what appears on the title sheet.
What section of the title sheet are advanced noticed located in and why?
Part D - The application record as they are short lived.
