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 title 1.4  The  Register  of  Sasines  is  a  register  of  deeds  in  which  documents  are  lodged  from  which  the quality  and  state  of  title  requires  to  be  deduced  by  the  solicitor  acting  for  a  purchaser.  The  deeds themselves may have a plan attached, but it is sufficient to incorporate a verbal description of the property to which the deed relates, or a reference to an earlier deed containing such a description. In practice the deed referred to may be of some considerable antiquity and the description therein may be either so vague as to be of little use or may indeed be inaccurate as a result of natural processes or other changes in circumstance. In addition, the fact that a deed appears in the register does not guarantee its validity, merely that it is ex facie competent to be recorded. By contrast a system of registration of title is designed to be definitive as to the nature and extent of title, the land being identified by reference to a map. In this system an official examines the progress of deeds relating to a property and makes up a formal certificate of title  beyond  which no further  examination need, in principle, be made.  The extent of  the property 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 their claim 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 into Scotland.  A  Royal  Commission  under  Lord  Dunedin  reported  in  1910,  with  the  final  authoritative report on the principle of land registration emerging from a committee under the chairmanship of Lord Reid in July 19636. The majority of the Reid Committee recommended that it was 'practicable to introduce a system of registration of title to land in Scotland'  which complied with four conditions which  they  established  as  requiring  to  be  fulfilled  by  any  replacement  for  the  existing  system  of registration 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 difficulties d u r i n g the transitional period while it is being introduced: it must therefore be in the nature   of   an evolution or development of the present system. 4.  The first registration of title of any subjects must not be unduly expensive. In particular we would not favour any system which required intimation to neighbouring  proprietors as a preliminary to such registration because that would inevitably stir up disputes and involve expense in many cases in  settling  or  litigating  questions  which  are  at  present  dormant.  So  the  existing  rights  of neighbouring proprietors must be adequately safeguarded without their having to intervene. The  practicalities  of  the  scheme  were  considered  in  detail  by  a  further  committee  under  the chairmanship 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 and both  differed  in  some  respects  from  the  eventual  scheme  of  land  registration  that  emerged  for Scotland.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

  < Previous Page | Next Page >