undertaking conversions of imperial measurements at the time of registration when appropriate. A revised European Union Council Directive¹ promotes a general policy, which became effective on 1 October 1995, of phasing out units of measurements which are incompatible with the international (metric) system of measurements. The directive requires legal and official recognition to be given to the  metric  system,  with  recognition  being  withdrawn  from  the  imperial  system  of  measurements except for transitional arrangements or recognised exemptions. Scope of directive 4.45 The directive is not confined to trade; it covers ‘economic purposes’ and ‘administrative purposes’ among  others. The directive  is  of  obvious  relevance to  conveyancers because  it  prescribes the  units of measurement in which lineal and area extents in new conveyancing descriptions of land and property must be expressed. The validity of documents which use units of measurement not authorised by the directive is in question. Subject to authoritative guidance, the only  safe way  to proceed is to assume that a document which is subject to the new directive, but does not comply therewith, will be void or at least voidable. Therefore it is necessary to ensure that the documents comply with the directive. As the Keeper cannot guarantee that documents which fail to comply with the directive will be acceptable for recording in the Sasine Register or registration  in  the  Land  Register,  care  must  be  taken  to  ensure  that  new  measurements  are  always expressed in units authorised by the directive. Effect of directive Units of measurement 4.46 For conveyancing and registration purposes, the rule is that the primary indicator of measurement of length, depth, height or area in new (not existing) property descriptions must be metric, not imperial. As is explained later, the acre is permitted to be used as a primary indicator for land registration purposes only. It will also be permissible to show imperial units as supplementary indicators of measurement. Existing measurements, however expressed, are not affected by the directive. So there is no need for a   conveyancer   to   convert   an   existing   property   description   into   metric   units.   It   is   only   new measurements which need to be expressed in units of measurement authorised by the directive. Since 1 October 1995 the requirement for any new contract or transaction in land which will lead to an application for registration in the Land Register, a recording in the Sasine Register or a submission to the Registers of Scotland for associated purposes in respect of a newly defined area, is that metric measurements must be used to define the property in question. This is true even for a contract which was entered into before 1 October 1995 but has still to be implemented. The yard, foot and inch are statutorily defined as being 0.9144 metre, 0.3048 metre and 0.0254 metre respectively.  Accordingly, any existing  imperial  measurement  can  easily be converted  to metric  units. Alternatively, the extent can be remeasured. It is preferable to use metric units from the outset in respect of new descriptions. Exceptions to the metric rule 4.47  The acre: The directive allows the acre to be used in perpetuity for land registration purposes.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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