Pre-Registration Enquiries Frequently Asked Questions

Rectification

Q. Can I apply for rectification myself or do I need to consult a solicitor?

A.You can apply for rectification on your own behalf but normally people find that a solicitor's advice is useful as rectification is a complex area of law. In many cases the legal costs incurred by your solicitor in making an application for rectification on your behalf will be reimbursed by the Keeper. An application for rectification is made on a Form 9 which can be obtained from our Customer Service Centres.

Q. I have a registered title in the Land Register but don't think my Land Certificate reflects what I bought. What should I do?

A. Your registered title has been compiled using the legal deeds which are relevant to your property. If the registered title does not reflect your legal deeds then it will be inaccurate and you should apply for rectification on a Form 9 including with your application any relevant documentation to support the rectification.

Q. My neighbour says that he owns part of my garden and has shown me a Land Certificate with a plan that includes that part of my garden. I am occupying that part of the garden but the neighbour is threatening to remove the fences and occupy it himself. What should I do?

A. Your title deeds and those of your neighbour are what determine the extent of your legal title. Speak to your solicitor quickly to avoid any changes to the situation on the ground. Your solicitor will check the legal deeds for your property and those of your neighbour to see whose titles that part of the garden are in. If that part of the garden is in your legal deeds and you are in possession of it then the Keeper should be able to remove it from your neighbour's registered title so it is only in your legal title. Your solicitor will apply for rectification on a Form 9.

Q.My neighbour says that he owns part of my garden and has shown me a Land Certificate with a plan that includes that part of my garden. My neighbour has moved the fences and is now occupying that part of my garden. What should I do?

A. Your solicitor will need to check the legal titles for your property and those of your neighbour to see in whose legal titles that part of the garden is. If it is in your neighbour's legal title and he is occupying it then the Keeper will not be able to remove it, even if it is also in your legal title. Legal title and possession are required in Scots Law to secure ownership and in this case your neighbour has both legal title and possession. Your solicitor will be able to advise you of any remedy you may have.

Q. My title deeds show that I own an access path but my neighbour has a Land Certificate which also includes the access path. We have checked our legal deeds and the access path is in both of them. What do we do as we are both using the path and both have registered titles and Land Certificates which include it?

A. The previous conveyancing for your and your neighbour's property should not have included ownership of the same access path. It has been included twice in sales to different people. As it is in both registered titles normally the person who is in possession of the access path would be able to retain ownership of it. However in this case as you are both using the access path the Keeper does not have the power to determine whose possession should prevail. The only way to sort this out is by agreement between you and your neighbour or if this is not possible by court action so that a court would determine whose possession should prevail.

Q. My neighbour and I have discovered that both of our legal titles include the same area of ground. My title is in the Sasine Register and was recorded long before by neighbour's title. His title is in the Land Register. Why can't the Keeper just remove the area of ground from my neighbour's registered title?

A. The Keeper cannot simply remove the area of ground. As the prior legal titles are incorrect because the same area of ground should not have been sold twice, the Keeper has correctly reflected your neighbour's legal title by including the area of ground in it. Here there is no inaccuracy in the Register because it is the prior conveyancing that is wrong not the registration by the Keeper. Rectification is not appropriate when the error has not been made by the Keeper but stems from errors in the legal deeds. Either agreement between you and your neighbour or the decision of a court will be required to make any change to the registered title. Your solicitor will be able to advise you about this.