What you need to know about the new legislation
Land registration in Scotland has changed, all land is to be moved to the Land Register and the window of opportunity to benefit from discounted fees is closing quickly. Scotland is moving towards a single system of registration for land and property titles, with a target completion dates set by Scottish Government for 2019 for public land and 2024 for private land. This will affect all land and buildings across Scotland, irrespective of whether they are public, private, rural or urban.
The Land Registration etc (Scotland) Act 2012 provides a statutory framework for the completion of the land register. When a property is sold, it automatically moves to the land register though an application by the purchaser. But because many properties rarely or never change hands, sales on their own aren’t enough to complete the land register.
Properties are being moved to the land register in three additional ways:
- Voluntary registration
- Keeper-induced registration
- The closure of the sasine register to standard securities
Benefits of being on the Land Register:
- Clarity – clear and unambiguous boundaries plotted on the modern OS map
- Simplicity – no more boxes of old titles deeds leading to lengthy and complex investigations
- Efficiency – all property transactions are much more straightforward
How we can help you protect your land
The 2012 Act made some significant changes to the rules governing registration of land in Scotland. All applications, including those for voluntary land registration, submitted under the 2012 Act require the solicitor submitting the application to have examined the underlying title and to confirm to the Registers of Scotland that there are adequate access rights, no issues with the title in favour of the applicant or with any links in title.
As well as the cost of reviewing and submitting the titles, land registration dues on voluntary registration are based on the valuation of the property on the basis of a scale of fees.
We can undertake an initial review of the title in order to ascertain the work involved for voluntary registration, which will flag up any potential issues or pitfalls. We will then be able to give you a fixed price for undertaking the work in order to fully protect your land, whether public or private.