Land Registration (Scotland) Act 19791
An Act to provide a system of registration of interests in land in Scotland in place of the recording of
deeds in the Register of Sasines; and for indemnification in respect of registered interests in land; to
simplify certain deeds relating to land and to provide as to the effect of certain other such deeds; to
enable tenants-at-will to acquire their landlords’ interests in the tenancies; to provide for the fixing of
fees payable to the Keeper of The Registers of Scotland; and for connected purposes.
[4th April 1979]
PART I
REGISTRATION OF INTERESTS IN LAND
The Land Register of Scotland
1.-(l) There shall be a public register of interests in land in Scotland to be known as the “Land Register
of Scotland” (in this Act referred to as “the register”).
(2)
The register shall be under the management and control of the Keeper of the Registers of
Scotland (in this Act referred to as “the Keeper”) and shall have a seal.
(3)
In this Act “registered” means registered in the register in accordance with this Act and
“registrable”, “registration” and other cognate expressions shall be construed accordingly.
Registration
2.-(l) Subject to subsection (2) below, an unregistered interest in land other than an overriding
interest shall be registrable-
(a)
in any of the following circumstances occurring after the commencement of this Act-
(i) on a grant of the interest in land in feu, long lease or security by way of contract of ground
annual, but only to the extent that the interest has become that of the feuar, lessee or
debtor in the ground annual;
(ii) on a transfer of the interest for valuable consideration
(iii) on a transfer of the interest in consideration of marriage
(iv) on a transfer of the interest whereby it is absorbed into a registered interest in land;
(v) on any transfer of the interest where it is held under a long lease, udal tenure or a kindly
tenancy;
(b)
in any other circumstances in which an application is made for registration of the interest by the
person or persons having that interest and the Keeper considers it expedient that the interest
should be registered.
(2)
Subsection (1) above does not apply to an unregistered interest which is a heritable security,
liferent or incorporeal heritable right; and subsection (1) (a) (ii) above does not apply where
the interest on transference is absorbed into another unregistered interest.
(3)
The creation over a registered interest in land of any of the following interests in land-