Head 5: Land Registration Flashcards
(25 cards)
S 2 LRA 2012
Lists the four parts of the land register
What are the four parts of the land register?
- Title sheet record (s 3-10)
- Cadastral map (ss 11-13)
- Archive record( s 14)
- The application record (s 15)
The basic unit for land registration is a…
Plot of land, defined in s 3(4) as “an area or areas of land all of which are owned by one person, or one set of persons”
In questions to do with the cadastral map, the plot of land is known as a…
Cadastral unit (s 12(1)
Each plot of land has its own…
Title sheet (s 3(1))
If a plot of land is leased on a long lease (more than 20 years)…
A second title sheet is opened for the lease (s 3(2))
Each title sheet has its own…
Number (s 4)
Title sheets comprise four sections:
s 5:
- Property section (s 6) - contains a map of the plot and a verbal description of the land
- Proprietorship section (s 7) - details who the proprietor is
- Securities section (s 8) - describes securities
- Burdens section (s 9) - details the burdens
The cadastral map is a…
s 11-13
Map of the whole of Scotland showing who owns every plot of land in Scotland.
The archive record is…
s 14
A record of everything which has been submitted to the Keeper.
The application record is…
s 15
This is the Keeper’s intray - deed which have been submitted but have not yet been registered.
What can be registered in the Land Register?
s 49 - only registrable deeds can be registered
This includes dispositions, standard securities, long leases, servitudes, real burdens.
EXCLUDES: missives, floating charges, short leases
How must a deed be registered?
Form 1 for first registrations
Form 2 for (most) ‘dealings’ - dispositions, standard securities and other deeds affecting registered land..
What must an applicant satisfy the Keeper as to?
s 21
The Keeper must be satisfied as to:
- The ‘general application conditions’ (set out in s 22)
- The specific conditions of registration appropriate to the transaction (either those in s 23 (standard first registration), in s 25 (leases etc) or in s 26 (dealings).
If the Keeper is satisfied, she must…
Must accept the application, if not she must reject it (s 21)
For first registrations, the Keeper makes up…
A new title sheet (s 30)
If the registration is not a first registration then the Keeper…
Makes an appropriate alteration to the title sheet which already exists (s 31)
The date of registration is the…
Date of application (s 37(1))
The date of application is the…
Date the entry is made on the application record (s 36(1))
Where a mistake is made in the Register, the result is an inaccuracy in the Register - the LRA 2012 describes this as
s 65 “where the Register misstates what the position is in law or in fact”
Where an inaccuracy is manifest…
The Keeper must rectify it (s 80(1),(2)
Where an inaccuracy is alleged to exist but is not manifest…
The person founding on the inaccuracy must litigate to establish it (in which case it becomes manifest if litigation is successful).
Litigation to establish an inaccuracy can take place in…
The ordinary court (s 82) or before the Lands Tribunal
If there are errors then can compensations be claimed?
Yes - under the Keeper’s warranty (s 73)
So if the Keeper makes a mistake then rectifies it there is often a breach of that warranty, so the Keeper will pay compensation under s 73.
