Land Registration Flashcards
What registers exist in Scotland today?
The Sasine Register (old) and the Land Register (new) 50% of titles have switched
How is a property on the Sasine switched to the Land Register?
When a title migrates from an old register to the land register, the keeper of the register (registrar) takes the old sasine deed, and they turn them into a title sheet with info about the property.
How does the Sasine Register work?
It is a repository of copies of deeds. Shows you what deeds have been registered but no information on them.
Doesn’t guarantee the validity of the title of the deed
What is the difference between registration of deeds and registration of title?
Registration of deeds only shows that it exists, registration of title gives more information
What is the title sheet comprised of?
s 5 LRA 2012
property section (s 6) -(registration number) describes the property in words, but also a map
proprietorship section (s7) - tells you who owns the property
securities section (s 8)
burdens section (s 9).
What deeds are registrable? What aren’t?
Dispositions, standard securities. real burdens, long leases, servitudes.
Missives of sale are
not registrable, nor floating charges or short leases.
s 49 LRA 2012
How are deeds registered?
deed and application form is sent, it is logged and entered into the application record. If conditions are met, the application is accepted
first registration - keeper makes a new title sheet
if not there is already a title sheet, the keeper makes a change in the existing one
date of registration is the date of the application is acquired
The title is also guaranteed (‘warranted’) by the Keeper
What happens if an invalid deed is registered?
it remains invalid and has no legal effect
How is a mistake in a register corrected?
If the inaccuracy is ‘manifest’ (ie clear beyond doubt, not merely probable) the keeper must rectify it
If not manifest, the challenger can take it to a land tribunal and if you are successful, you get your expenses back
What if there is a dispute over a mistake on the register?
owner of plot x can go to the court and litigate or make an appeal
What happens when someone suffers a loss after rectification
You can get compensation for rectification
section 84 and 85
