KIR consultation launched

Published: 05 October 2015

Have your say on how keeper-induced registration will be used to complete the land register

The consultation report issued today covers how keeper-induced registration (KIR) could be used to help achieve Registers of Scotland's (RoS) objective of completing the land register by 2024, including registering all public land by 2019.

KIR is a new power, introduced through the Land Registration etc. (Scotland) Act 2012. It allows the Keeper of the Registers of Scotland to add titles onto the land register without an application from the owner.

Scotland currently has two land and property registers, the deeds-based General Register of Sasines, which is widely regarded as the world's oldest public land register, and the map-based land register, which was brought in following legislation in 1979.

Scottish ministers have invited the keeper to complete the land register by 2024 for all private land, and by 2019 for all publicly-owned titles.

A number of pilot projects to establish what type of property KIR could be used for have been carried out by RoS over the last few months. The results showed that the type of property that best lend themselves to KIR are those within 'research areas'. These are areas where RoS has identified the rights and burdens relevant to each property, and are typically residential housing developments that contain high volumes of properties of a similar nature.

Sheenagh Adams, Keeper of the Registers of Scotland, said: "I believe that having a completed, map-based, digitised land register will be a national asset for Scotland as it will provide a clear picture of who owns what and where.

"It will benefit all land and property owners, as once a property is on the register, it provides clarity of ownership, backed by a state guarantee. In future, it will make transactions quicker, cheaper and easier.

"I have established a dedicated team, who are working on completing the land register in line with the aspirations of Scottish ministers. At present, our focus is on encouraging larger landowners to bring forward voluntary applications to the land register as it will make trading on their land more straight forward and cost efficient. This will also add large volumes of land onto the land register map.

"KIR will allow me to add titles where I can safely identify the boundaries and where the burdens and rights that go along with the area of land are straightforward. I'd encourage anyone with an interest in land registration to participate in the KIR consultation."

Minister for Business, Energy and Tourism, Fergus Ewing, said: "A completed land register on an accessible, public, digitised map will benefit home and landowners across Scotland by providing clarity on who owns what and where.

"While Registers of Scotland is focussed on encouraging voluntary applications to the land register in this initial phase, it is only right that other mechanisms are put in place to help achieve the goal of completion within the timeframe.

"Other titles will come onto the register through certain triggers, such as house sales, but by using the KIR option, properly titles can be added to the land register more rapidly.

"This consultation provides an opportunity to have a say on how the KIR process should work and I would encourage anyone with an interest to get involved.

"The Scottish Government remains committed to completing the land register as we believe it will be a national asset for Scotland."

The consultation paper is now available to read, and a number of questions are asked in relation to how KIR could be used going forward. All views are welcome.

Over the next 12 weeks, RoS will be actively engaging with stakeholders across a wide variety of sectors to seek views on whether our approach is the correct way forward.

A series of roadshows will be held in November across the country to take feedback on RoS' proposals, and this will be used along with the consultation responses to inform the keeper's policy for implementing KIR in order to progress land register completion.

ENDS

Communications, Registers of Scotland, Meadowbank House, 153 London Road, Edinburgh, EH8 7AU

For more information or to request an interview, please contact Jacq Kelly on 07825 388 120 or communications@ros.gov.uk.

Notes to editors

  1. Registers of Scotland (RoS) is a non-ministerial department of the Scottish Administration and holds trading fund status. It is responsible for compiling and maintaining registers relating to property and other legal documents in Scotland. RoS records and safeguards the rights of the individual while providing open access to information on the registers.
  2. In May 2014, Scottish ministers announced a 10-year target to complete the land register.
  3. Find out more about completing the land register.
  4. Follow us on Twitter @RegistersOfScot, Facebook and LinkedIn. Sign up to our mailing list.