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REGISTERS We hold 15 registers - the largest are the two property registers (General Register of Sasines and the Land Register). The smaller registers are grouped under the collective name of the Chancery and Judicial Registers.
REGISTER OF SASINES more information This register was established in 1617 to record deeds relating to rights in property. In 1870 individual Search Sheets were introduced for each property to allow easier searching of the register, The register was computerised in 1993 and in 1997 Seach Sheet records from 1875 to 1993 were digitally imaged to enable computerised access. This register was the mainstay of the Scottish system of land ownership and interests from the 17th Century until the introduction of the Land Register on to which properties are now registered on creation or sale. CHANCERY AND JUDICIAL REGISTERS Register
of Inhibitions:
An Inhibition is a writ whereby a debtor is prohibited from selling or burdening his property and an Adjudication is a transfer of property to a creditor in satisfaction of a debt. Sequestrations are also registered. The purpose of the register is to give notice to the public that the persons inhibited are unable to grant a good title. A purchaser of heritable property always insists upon a search in this register to ensure that the seller is under no legal disability from selling. Register of Deeds and Probative Writsin the Books of Council and Session: Extant
from 1554. Used for the registration of an original probative or holograph
writing (i.e. a writing which is authenticated in a manner prescribed
by Scottish law in order to acquire privileged status). It also serves
as a safe deposit for important documents which might otherwise stand
in danger of being lost.
Register of Judgments: The Civil Jurisdiction and Judgments Act 1982 implemented a European Convention for the enforcement of Judgments. The Act made provision for a Register of Judgments where Certificates of Judgments passed in the Courts of contracting States could be registered. OTHER REGISTERS Register of Community Interests in Land: This register came into force on 14 June 2004. It was established by the Land Reform (Scotland) Act 2003 to allow rural communities to register an interest in buying land related to their communities. Register of Protests: When a debtor grants a Bill of Exchange or a Promissory Note and fails to make payment by the due date, a deed narrating the facts is prepared by a Notary Public and registered. The deed is called a Protest. Register of Service of Heirs: Service of Heirs is a process whereby an heir proves that he or she is the heir-at-law of an ancestor according to the pre-1964 law of inheritance to the land when there is a break in the progress of title as a result of intestacy. Register of Great Seal: The Seal is affixed by ribbon to Commissions issued to the Lord Advocate, Queen's Counsel, the Lord High Commissioner of the General Assembly of the Church of Scotland and to Royal Charters and other Royal appointments. Register of Hornings: Was used for the recording of Letters of Horning, which were obtained from the Court and formed the authority for publicly denouncing the debtor as an outlaw. The Debtor (Scotland) Act 1987 provided for the abolition of Letters of Horning. Register of Cachet Seal: A facsimile of HM Queen's signature. Use is now confined to the authentication of certain Royal Warrants. Register of Prince's Seal: Used to authenticate deeds granted by the Prince and Steward of Scotland (i.e. the eldest son of the reigning sovereign, who holds residual Crown Lands in Scotland in lieu of the Sovereign). Register of Quarter Seal: Now used only to record gifts of heritable property which fall to the Sovereign as the ultimate heir (i.e. taking property in the absence of an heir or beneficiary of a deceased person, or of owners of a defunct company). Register of Crown Grants: Record of grants by Crown Departments or Commissioners of Crown Lands. Register of Sheriff's Commissions: Record of Commissions by the Crown in favour of Sheriffs-Principal of Scotland. |
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