Land Registration Flashcards
Transfer of real rights in heritage: 3 steps?
Contract (missives)
- Conveyance (settlement)
- External Act (registration)
What is contained at the missives stage of transfer?
Seller has right to money offered and buyer has right to marketable(good) title
- Also has right to title with no subordinate real rights
(unrealistic standard so burdens okay so long as not overly onerous or unusual)
Before buying what will buyer so?
Examine title to ensure seller can fulfil obligations. Make sure sale is good
As the process goes along what will the guyer continuously do?
Check that the seller is solvent to avoid voidable title
What is involved at the conveyance stage?
Disposition: piece of paper representing ownership)
- Handed from seller to buyer(settlement).
- on settlement day keys to the house are handed over.
What is involved in the external act?
Registration in the Register of Scotland
before 1980’s was Sasine Register
What act created and structured the Land Register in Scotland?
Land Registration ect (Scotland) Act 2012
What are the key features of the land register?
- maintained by the Keeper of the Registers of Scotland
- Actually an office full of people do the work, not just the Keeper
- Covers all of Scotland
- Publicly accessible for fee
What does s2 of the Land Register Soctland Act 2012 set out?
That there will be 4 [parts to the register
What are the 4 parts outlined in s2?
- cadastral map (map of scotland that show who owns everything)
- title sheet record
- Archive Record
- Application Record
What is contained on the title sheet record?
tells you who owns what, their name and address of ownership
What is contained on in the Archive record?
The documents you have when you apply to the keeper to have your land registered
(may include details of planning permission you received, so if any problems you can go back and check)
Application Record contains?
Any documents you’ve give the Keeper that she hasn’t registered yet (like a queue for registration)
What 4 sections are contained on a title sheet?
- property sheet (s5)
- proprietorship section (s7)
- securities section (s8)
- burdens section (s9)
What is contained in the property sections??
s5 Land Register (s) act 2012
Reference to cadastral map, postal address.
Additionally info about boundaries.
What does the proprietorship section (s7) tell you?
s7 Land Register (S) Act 2012
Tells you who owns it, what he paid and when it was registered
What does the burden section contain?
s9 Land Register (S) Act 2012
list of all real burdens that effect the property and where they come from. Can be many pages long, many may now be unenforceable but no one wants to just take them off in case it removes someones rights.
How of you Register under the general conditions of s21 of the Land Register Scotland Act 2012?
- apply in writing
- pay appropriate fee
What do you have to do for first registration?
s 23-25 Land Register (Scotland) Act 2012
this is when you have to move property from Sasine to the Land Register
What dos s26 covering Dealings contain?
s26 Land Register (s) Act 2012
when properties are already on the register but you are transferring from one ownership to another
What happens once you’ve registered the property?
Keeper send you title sheet to prove you’re the owner
land certificate, like deeds to your house
What does s50 provide?
Registration transfers ownership : restatement of common law
What effect does registering other doc? s49
s49 only says it will have the effect provided for by law, so unclear.
What if the register is inaccurate? s 65 defines what will be counted as inaccurate
If it misstate the position in law of fact or omits anything
s65 Land Register (s) Act 2012
What happens if there is inaccuracy?
s80
s80 states that Keeper must rectify the problem if problem obvious (e.g. spelling mistake)
- if void title name needs deleted.
- not clear if must note inaccuracy such as boundary disputes. Doesn’t settle dispute just notes it.
What protection does the Keeper over against inaccuracy?
s73-76
Keeper warrants the accuracy of the register s 73-76
What happens in the inaccuracy results in loss?
s77-79
Compensation paid
ss 77-79
What special protection is offered for a good faith guarantee?
s86
For good faith guarantee
- when i pay money, registered and move into house. Then realsied defraud. True owner goes back to claim house.
Keeper here says first acted in good faith so is owner. Original owner loses house. Law favours person living there as eviction seems worse. Original owner gets compensation from the Keeper. as they lost house because of inaccuracy
Where ar et conditions written for good faith grantee protection listed?
s86
What does s86 say about the conditions to get the special conditions of good faith grantees?
1) Grantee must be registered as proprietor
2) Acted in good faith
3) Been in possession for one year (or between new person and grantee been for a year)
4) Exception the the memo dat principle
Is compensation offered for voidable title?
No, as good title is registered and correct. Only not once challenged, at this point must be changed in register.
Does s86 have anything to do with voidable titles?
No. Only about void title.
Remember what title do you transfer on when you have voidable title?
Good title
personal right is what allows challenge, remains with voidable title owner
