Changes in land law 1.5    In  recommending  the  introduction  to  Scotland  of  a  system  of  registration  of  title,  the  Reid Committee  considered  that  any  such  system  should  build  on  the  long-established  system  of registration of writs. Changes to the existing substantive law relating to land rights could, consequently, be kept to a minimum. The Henry Committee, established later to prepare a detailed scheme for the introduction of registration of title, endorsed that recommendation. The Act, in implementing most of the recommendations of the Henry Committee, adhered to this principle. The Act has, however, had a major impact on the legal profession as regards conveyancing practice, particularly with missives where there is a strong emphasis on the purchaser obtaining a land certificate with full indemnity thereby obtaining the benefits of the state guarantee of title. Although  the  Act  did  not  alter  the  underlying  principles  of  substantive  conveyancing  law,  it  did however introduce a number of necessary changes. The main legal changes which the registration provisions of the Act introduced in operational areas are summarised as follows: • In general terms registration in the Land Register supersedes recording in the Register of Sasines as a  means  of  completing  a  real  right.  Recording  in  the  Sasine  Register  will,  however,  remain appropriate in certain instances in terms of section 2(2) of the Act. • Registration is necessary in an operational area to perfect a real right in long leases, land held under udal tenure and kindly tenancies as per section 3(3). Previously such real rights could be perfected by possession without the need for recording in the Sasine Register. • Once an interest in land has been registered in the Land Register, title flows not from a progress of title deeds, but from the register itself. • A registered interest is subject only to matters set out in the title sheet of that interest  and  to  overriding  interests  (per  section  28(1),  the  Interpretation  section  which  defines overriding  interests,  and  section  6(4)  dealing  with  the  noting  on  a  title  sheet  of  overriding interests).  It  is  not  necessary  to  look  further  than  the  title  sheet  to  ascertain  the  extent  of  the registered interest, the proprietor(s), the charges against the property and the rights and burdens relating to it. • The Act introduced the concept of a guaranteed title to interests in land backed by a statutory indemnity scheme. The accuracy of the Land Register and official reports issued by the Keeper are covered by the indemnity provisions at section 12. The consequence is that, unless indemnity has been excluded in respect of any part of the registered interest, the title sheet can be relied on absolutely. Moreover, information given in writing by the Keeper, or via direct link to the register, also attracts the statutory protection against loss suffered. Registration may, as a result of inadequate or incorrect information supplied by an applicant or through an error by the Keeper, or through subsequent judicial pronouncement, occasion an inaccuracy in the register that will invoke the section 9 (rectification) provisions (see Short's Trustee v Keeper of the Registers of Scotland⁸, and Kaur v Singh⁹). A person suffering loss in terms of section 12 may be able to claim indemnity (see chapter 7).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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