sequence all deeds affecting that property.
The number of search sheets now runs to over 1.6 million.The move to a system of registration
of title1.4 The
Register of Sasines is a register of
deeds in which documents are lodged from
which thequality
and state of title requires to be deduced
by the solicitor acting for a purchaser.
The deedsthemselves
may have a plan attached, but it is sufficient to incorporate a verbal description
of theproperty
to which the deed relates, or a reference to an earlier deed containing such a
description. Inpractice
the deed referred to may be of some considerable antiquity and the description
therein may beeither
so vague as to be of little use or may indeed be inaccurate as a result of natural
processes or otherchanges
in circumstance. In addition, the fact that a deed appears in the register does
not guarantee itsvalidity,
merely that it is ex facie competent to be recorded.
By contrast a system of registration of title isdesigned
to be definitive as to the nature and extent of title, the land being identified
by reference to amap.
In this system an official examines the progress of deeds relating to a property
and makes up a formalcertificate
of title beyond which no further examination need, in principle,
be made. The extent of theproperty
is plotted onto a map, and the property is allocated a unique identifying number.
Except for any'over-riding
interests' as defined in statute, the formal title sheet is determinative of title.
In most cases, title,once
issued, is indefeasible. Should someone with a better claim to the land emerge
and establish theirclaim
they do not recover 'their' property but rather have a remedy against the State
in indemnity.Pressure
to introduce registration of title in Scotland began shortly after it was introduced
in England,and
as in England a series of Enquiries took place into the introduction of registration
of title intoScotland.
A Royal Commission under Lord Dunedin reported
in 1910, with the final authoritativereport on the principle of land registration
emerging from a committee under the chairmanship ofLord
Reid in July 19636. The majority of the Reid
Committee recommended that it was 'practicable tointroduce a system of registration
of title to land in Scotland' which complied with
four conditionswhich
they established as requiring to be fulfilled
by any replacement for the existing system
ofregistration
of deeds. These were as follows:1. It
must retain the merits of the existing system as regards security, flexibility
and publicity.2. It
must in the long run
result in a substantial saving
in time occupied in legal
work and
in cost to the public.3. Its
character must be such as to prevent dislocation or substantial practical difficultiesd u r i n gthe
transitional period while it is being introduced: it must therefore be in thenature of anevolution or development of the present
system.4. The
first registration of title of any subjects must not be unduly expensive. In particular we
wouldnot
favour any system which required intimation to neighbouring proprietors
as a preliminary tosuch
registration because that would inevitably stir up disputes and involve expense
in many casesin
settling or litigating questions which are
at present dormant. So the existing rights
ofneighbouring
proprietors must be adequately safeguarded without their having to intervene.The practicalities of the
scheme were considered in detail by a
further committee under thechairmanship
of Professor Henry which reported in 1969 following the operation of a pilot scheme.The Henry Report7 differed
in a number of respects from the recommendations of the Reid Report andboth differed in some
respects from the eventual scheme of land
registration that emerged forScotland.