Land Registration

Question 1

Where can you find parts of Land Register etc

Answer 1

The Land Registration etc (Scotland) Act 2012

Question 2

What happens if there’s an inaccuracy

Answer 2

If the register omits anything or misstates the position in law or fact, it is inaccurate

If a remedy is obvious the keeper will rectify but if not they’ll note the innacuracy

Question 3

What’s the guarantee w the register

Answer 3

If innacuracy results in loss, a good faith claimant against the keeper of the register will be compensated

Question 4

What protection does the register offer for good faith grantees

Answer 4

1) grantee registered as proprietor
2) grantee in good faith
3) possession for 1 year
4) real right required
5) compensation paid to former owner

See 2012 Land Registration act

Question 5

How are real rights in heritage transferred

Answer 5

Contract- missives
Conveyance- settlement, delivery of disposition
External act- registration transfers ownership

Question 6

What happens when a voidable title is reduced

Answer 6

This isn’t a correction of an innacuracy in the register
There’s no compensation
A good dating third party will still receive good title