Preface by the Keeper

PREFACE TO SECOND EDITION

The first edition of the Practice Book was published in 1981 as a result of a collaborative venture under the auspices of the Joint Consultative Committee of the Law Society of Scotland and the Keeper of the Registers of Scotland (the 'JCC'). Amendments were incorporated in 1981 and 1983. The principal objective of the Practice Book was to provide conveyancing practitioners in Scotland with a detailed instruction on how the new system of land registration, as introduced by the Land Registration (Scotland) Act 1979, would alter the way in which they carried out a conveyancing transaction in an operational area. The Practice Book was well received and over the years has proved valuable for both practitioners and Agency staff. An indication of both its usefulness and standing is the fact it has been referred to as a source of Agency policy in numerous court cases.

Since its original publication the continued expansion and development of the system of land registration has necessitated changes in practices and policy. In addition, the courts, in a number of landmark judgements, have commented on various aspects of the 1979 Act. These judgements have had important implications for land registration. Moreover, experience in operating land registration has led to the development and promulgation of policies for dealing with an ever-increasing range of conveyancing issues. Accordingly, two years ago the JCC agreed that a review of the Practice Book was overdue. The JCC realised that any updated Practice Book would have to act not only as a guide to practitioners on the current practice in the land register but also explain the reasons why certain registration policies had been adopted.

The second edition, like the first edition, is the product of close collaboration between the Law Society and the Agency. It includes a large number of new sections covering those issues on which, over the years, practitioners have sought the keeper's advice. Thus for the first time readers will find useful guidance on such diverse topics as salmon fishings, liferents, crofting and servitudes to name but a few. The second edition contains guidance on many of the routine issues which arise in the course of registration. There are also explanations on how difficult areas of substantive law are dealt with in the context of land registration. I hope that the second edition, which builds on the experience of nearly 20 years, will be particularly valuable to practitioners.

In the preparation of this edition I would acknowledge the hard work of a number of people in the Agency and in the Law Society. In particular I would like to thank Alistair Rennie, the Deputy Keeper, and Ian Davis, the Agency's Director of Legal Services, who jointly edited the book and made contributions to much of the text. I would also thank John King who "managed the project" and updated much of the text and others in the Agency who contributed in a variety of ways.

My thanks also go to those members of the Law Society of Scotland who have been involved in this project, and in particular Paul Carnan, Lynsey Lewin, John McNeill, Ramsay Milne and Sandy Weatherhead, for their work in compiling the chapter on missives and also for their contributions and comments on the rest of the text.