• The circumstances in which the Register can be rectified are severely circumscribed by the provisions in section 9(3)(a)(i)-(iv) and (b). • Deeds  presented for  recording  in  the  Sasine  Register  and  applications  for  registration in the Land Register received by the Keeper on the same day will be deemed to have been received and recorded  and  registered  contemporaneously  (see  section  7  which  was  applied  to  the  whole  of Scotland by the first commencement order). • Discrepancies as to common boundaries may in some cases be resolved by a formal agreement without  the  need  for  excambion  or  conveyance.  Such  agreement,  when  registered  in  the  Land Register or recorded in the Register of Sasines will bind singular successors (see section 19). Where the interests involved are registered, the submission of a docqueted plan alone may be sufficient to enable the Keeper to give effect to the parties' intentions. • The  1979  Act  introduced  a  number  of  new  terms  and  concepts  into  conveyancing  parlance,  e.g. 'proprietor in possession', 'overriding interest', 'land/charge certificate' etc. Many of the terms in the Act were drawn from equivalent English provisions and it is true to say that problems in interpreting what  is  meant  by  these  within  the  context  of  the  Act  has  attracted  both  academic  and  judicial criticism of the drafting of the Act itself (see for instance Lord Jauncey in Short's Trustee v. Keeper of the Registers of Scotland). Appeals 1.6 It is a feature of almost all State systems of registration of title that a form of appeal be provided for those who wish to challenge anything done or omitted to be done by the official in charge of the Land Register or his staff. In this respect the 1979 Act is no different and the matter is dealt with under section 25(1) which permits an appeal on either a question of fact or law to the Lands Tribunal for Scotland. At the time the Act was drafted it was considered that an appeal to the Lands Tribunal would be cheaper and possibly receive more expeditious consideration than simply leaving the complaining party with a right of appeal to the Court. The right of appeal to the Lands Tribunal is, however, not exclusive of other avenues of recourse. Section 25(2) preserves a right of recourse to the Court should someone wish to bypass the Lands Tribunal. Under the law relating to res judicata once an appeal has been dismissed in a court of first instance, the appellant  cannot seek  to  appeal  in  another  court  of  first  instance (section  25(3)).  So an  unsuccessful action brought before the Lands  Tribunal  cannot be  brought in the Court of  Session as a court of first instance.  Likewise  the  unsuccessful  appellant to the Court of Session  cannot  try his  luck  at the Lands Tribunal. The unsuccessful appellant may in each case appeal to a higher court. Section 25(4) provides that no appeal is permissible against the Keeper's refusal to accept a voluntary registration  whether  within  or  outwith  an  operational  area.  This  section  was  introduced  in  light  of evidence  which  showed  that  unrestricted  voluntary  registration  caused  serious  disruption  in  Her Majesty's Land Registry and could, therefore, have the same effect in Scotland.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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