Land Registration (Scotland) Act 1979

JurisdictionUK Non-devolved
Citation1979 c. 33


Land Registration (Scotland)Act 1979

1979 CHAPTER 33

An Act to provide a system of registration of interests in land in Scotland in place of the recording of deeds in the Register of Sasines; and for indemnification in respect of registered interests in land; to simplify certain deeds relating to land and to provide as to the effect of certain other such deeds; to enable tenants-at-will to acquire their landlords' interests in the tenancies; to provide for the fixing of fees payable to the Keeper of the Registers of Scotland; and for connected purposes.

[4th April 1979]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

I Registration of Interests in Land

Part I

Registration of Interests in Land

S-1 The Land Register of Scotland.

1 The Land Register of Scotland.

(1) There shall be a public register of interests in land in Scotland to be known as the ‘Land Register of Scotland’ (in this Act referred to as ‘the register’).

(2) The register shall be under the management and control of the Keeper of the Registers of Scotland (in this Act referred to as ‘the Keeper’) and shall have a seal.

(3) In this Act ‘registered’ means registered in the register in accordance with this Act and ‘registrable’, ‘registration’ and other cognate expressions shall be construed accordingly.

S-2 Registration.

2 Registration.

(1) Subject to subsection (2) below, an unregistered interest in land other than an overriding interest shall be registrable—

(a ) in any of the following circumstances occurring after the commencement of this Act—

(i) on a grant of the interest in land in feu, long lease or security by way of contract of ground annual, but only to the extent that the interest has become that of the feuar, lessee or debtor in the ground annual;

(ii) on a transfer of the interest for valuable consideration;

(iii) on a transfer of the interest in consideration of marriage;

(iv) on a transfer of the interest whereby it is absorbed into a registered interest in land;

(v) on any transfer of the interest where it is held under a long lease, udal tenure or a kindly tenancy;

(b ) in any other circumstances in which an application is made for registration of the interest by the person or persons having that interest and the Keeper considers it expedient that the interest should be registered.

(2) Subsection (1) above does not apply to an unregistered interest which is a heritable security, liferent or incorporeal heritable right; and subsection (1)(a )(ii) above does not apply where the interest on transference is absorbed into another unregistered interest.

(3) The creation over a registered interest in land of any of the following interests in land—

(i) a heritable security;

(ii) a liferent;

(iii) an incorporeal heritable right,

shall be registrable; and on registration of its creation such an interest shall become a registered interest in land.

(4) There shall also be registrable—

(a ) any transfer of a registered interest in land including any transfer whereby it is absorbed into another registered interest in land;

(b ) any absorption by a registered interest in land of another registered interest in land;

(c ) any other transaction or event which (whether by itself or in conjunction with registration) is capable under any enactment or rule of law of affecting the title to a registered interest in land but which is not a transaction or event creating or affecting an overriding interest.

(5) The Secretary of State may, by order made by statutory instrument, provide that interests in land of a kind or kinds specified in the order, being interests in land which are unregistered at the date of the making of the order other than overriding interests, shall be registered; and the provisions of this Act shall apply for the purposes of such registration with such modifications, which may include provision as to the expenses of such registration, as may be specified in the order.

(6) In this section, ‘enactment’ includes sections 17, 18 and 19 of this Act.

S-3 Effect of registration.

3 Effect of registration.

(1) Registration shall have the effect of—

(a ) vesting in the person registered as entitled to the registered interest in land a real right in and to the interest and in and to any right, pertinent or servitude, express or implied, forming part of the interest, subject only to the effect of any matter entered in the title sheet of that interest under section 6 of this Act so far as adverse to the interest or that person's entitlement to it and to any overriding interest whether noted under that section or not;

(b ) making any registered right or obligation relating to the registered interest in land a real right or obligation;

(c ) affecting any registered real right or obligation relating to the registered interest in land,

insofar as the right or obligation is capable, under any enactment or rule of law, of being vested as a real right, of being made real or, as the case may be, of being affected as a real right.

In this subsection, ‘enactment’ includes sections 17, 18 and 19 of this Act.

(2) Registration shall supersede the recording of a deed in the Register of Sasines but, subject to subsection (3) below, shall be without prejudice to any other means of creating or affecting real rights or obligations under any enactment or rule of law.

(3) A—

(a ) lessee under a long lease;

(b ) proprietor under udal tenure;

(c ) kindly tenant,

shall obtain a real right in and to his interest as such only by registration; and registration shall be the only means of making rights or obligations relating to the registered interest in land of such a person real rights or obligations or of affecting such real rights or obligations.

(4) The date—

(a ) at which a real right or obligation is created or as from which it is affected under this section;

(b ) of entry of a feuar of a registrable interest in land with his superior,

shall be the date of registration.

(5) Where an interest in land has been registered, any obligation to assign title deeds and searches relating to that interest in land or to deliver them or make them forthcoming or any related obligation shall be of no effect in relation to that interest or to any other registered interest in land.

This subsection does not apply—

(a ) to a land or charge certificate issued under section 5 of this Act;

(b ) where the Keeper has, under section 12(2) of this Act, excluded indemnity under Part II of this Act.

(6) It shall not be necessary for an uninfeft proprietor of an interest in land which has been registered to expede a notice of title in order to complete his title to that interest if evidence of sufficient midcouples or links between the uninfeft proprietor and the person last infeft are produced to the Keeper on any registration in respect of that interest and, accordingly, section 4 of the Conveyancing (Scotland) Act 1924 (completion of title by person uninfeft) shall be of no effect in relation to such an interest in land.

This subsection does not apply to the completion of title under section 74 or 76 of the Lands Clauses Consolidation (Scotland) Act 1845 (procedure on compulsory purchase of lands).

(7) Nothing in this section affects any question as to the validity or effect of an overriding interest.

S-4 Applications for registration.

4 Applications for registration.

(1) Subject to subsection (2) below, an application for registration shall be accepted by the Keeper if it is accompanied by such documents and other evidence as he may require.

(2) An application for registration shall not be accepted by the Keeper if—

(a ) it relates to land which is not sufficiently described to enable him to identify it by reference to the Ordnance Map;

(b ) it relates to land which is a souvenir plot, that is a piece of land which, being of inconsiderable size or no practical utility, is unlikely to be wanted in isolation except for the sake of mere ownership or for sentimental reasons or commemorative purposes; or

(c ) it is frivolous or vexatious;

(d ) a deed which—

(i) accompanies the application;

(ii) relates to a registered interest in land; and

(iii) is executed after that interest has been registered,

does not bear a reference to the number of the title sheet of that interest.

(3) On receipt of an application for registration, the Keeper shall forthwith note the date of such receipt, and that date shall be deemed for the purposes of this Act to be the date of registration either—

(a ) where the application, after examination by the Keeper, is accepted by him, or

(b ) where the application is not accepted by him on the grounds that it does not comply...

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