Land Registration (Scotland) Rules 1980
| Jurisdiction | UK Non-devolved |
| Citation | SI 1980/1413 |
| Year | 1980 |
1980 No. 1413 (S. 114)
LAND REGISTRATION, SCOTLAND
The Land Registration (Scotland) Rules 198016thSeptember 1980
2ndOctober 1980
6thApril 1981
ARRANGEMENT OF RULES
PART I
GENERAL
Rule
1. Citation and Commencement
2. Interpretation
PART II
THE TITLE SHEET
3. Contents and Distinguishing Number of Title Sheet
4. Property Section
5. Proprietorship Section
6. Charges Section
7. Burdens Section
8. Combination and Division of Title Sheets
PART III
REGISTRATION OF INTERESTS IN LAND AND NOTING OF OVERRIDING INTERESTS AND ENTRY OF ADDITIONAL INFORMATION
9. Application for Registration of Interest in Land
10. Withdrawal by Applicant of Application for Registration
11. Return by Keeper of Document for Amendment
12. Failure by Applicant to Respond to Keeper's Request
13. Application for Noting of Overriding Interest or for Entry of Discharge of Overriding Interest or of Additional Information
PART IV
CERTIFICATE OF TITLE
14. Form of Land Certificate
15. Form of Charge Certificate
16. Application for Certificate of Title to be made to Correspond with Title Sheet
17. Amendment or Cancellation of Certificate of Title by Keeper
18. Circumstances where Certificate of Title need not be Produced to Keeper
19. Issue by Keeper of Substitute Certificate of Title
PART V
MISCELLANEOUS
20. Rectification of Register
21. Notifications by Keeper
22. Affidavits to Accompany Applications for Registration
23. Maps of Registered Interests and Index of Proprietors
24. Application to Keeper for Report or Office Copy
25. Description of a Registered Interest in Land
SCHEDULES
Schedule A. Forms to be used in connection with registration
Schedule B. Description of registered interests in land
In exercise of the powers conferred on me by section 27(1) of the Land Registration (Scotland) Act 1979(a) and of all other powers enabling me in that behalf, and after consultation with the Lord President of the Court of Session, I hereby make the following rules:
PART I
GENERAL
Citation and Commencement
1. These rules may be cited as the Land Registration (Scotland) Rules 1980 and shall come into operation on 6th April 1981.
Interpretation
2.—(1) In these rules—
"the Act" means the Land Registration (Scotland) Act 1979;
"certificate of title" includes a land certificate and a charge certificate;
"dealing" means a transaction or event capable of affecting the title to a registered interest in land; and
"debt" has the meaning assigned to it by section 9(8)(c) of the Conveyancing and Feudal Reform (Scotland) Act 1970(b).
(a) 1979 c. 33.
(b) 1970 c. 35.
(2) In these rules any reference to a numbered rule or to a numbered form is a reference to, respectively, the rule bearing that number in these rules or the form bearing that number in Schedule A to these rules.
(3) In a rule, any reference to a numbered paragraph is a reference to the paragraph in that rule bearing that number.
PART II
THE TITLE SHEET
Contents and Distinguishing Number of Title Sheet
3.—(1) A title sheet shall consist of the following sections: a Property Section, a Proprietorship Section, a Charges Section and a Burdens Section.
(2) Each title sheet of a registered interest in land shall be distinguished by a title number, consisting either of numbers or of letters and numbers.
Property Section
4.—(1) The following matters shall be entered in the Property Section—
(a) the description of the land in accordance with section 6(1)(a) of the Act;
(b) the nature of the interest in the land;
(c) particulars of any enforceable real right pertaining to the interest;
(d) particulars of any exclusion of indemnity under section 12(2) of the Act which the Keeper considers is appropriate to the Property Section; and
(e) such other information as the Keeper thinks fit to enter in the Property Section.
(2) The Property Section shall include a plan of the land to which the interest relates.
Proprietorship Section
5. The following matters shall be entered in the Proprietorship Section—
(a) the name and designation of the person entitled to the interest in land;
(b) the extent of that person's entitlement to the interest in land;
(c) the capacity in which that person is entitled to the interest in land, if he is not so entitled as an individual;
(d) the destination, if any, to which the interest in land is subject;
(e) the date, if any, stated as the date of entry of that person to the interest in land;
(f) the date of registration of that person's entitlement to the interest in land;
(g) any consideration stated for the transfer of the interest in land;
(h) any subsisting entry in the Register of Inhibitions and Adjudications adverse to the interest;
(i) particulars of any exclusion of indemnity under section 12(2) of the Act which the Keeper considers is appropriate to the Proprietorship Section; and
(j) such other information as the Keeper thinks fit to enter in the Proprietorship Section.
Charges Section
6.—(1) the following matters shall be entered in the Charges Section—
(a) particulars of any heritable security over the interest;
(b) particulars of any debt, including a pecuniary real burden, affecting the interest;
(c) particulars of any exclusion of indemnity under section 12(2) of the Act which the Keeper considers is appropriate to the Charges Section; and
(d) such other information as the Keeper thinks fit to enter in the Charges Section.
(2) There shall be noted in the Charges Section particulars of a floating charge, which, as an overriding interest, may fall to be noted in terms of section 6(4) of the Act.
Burdens Section
7.—(1) The following matters shall be entered in the Burdens Section—
(a) particulars of any subsisting real burden, other than a real burden which falls to be entered in the Charges Section, and of any subsisting condition affecting the interest;
(b) particulars of any exclusion of indemnity under section 12(2) of the Act which the Keeper considers is appropriate to the Burdens Section; and
(c) such other information as the Keeper thinks fit to enter in the Burdens Section.
(2) There shall be noted in the Burdens Section particulars of any overriding interest, other than a floating charge, which may fall to be noted in terms of section 6(4) of the Act.
(3) There shall be entered in the Burdens Section—
(a) particulars of a probative discharge of an overriding interest, other than a floating charge or the right of the proprietor of the dominant tenement in a servitude, but only where (i) the overriding interest has been either recorded in the Register of Sasines or noted in the Burdens Section and (ii) the applicant has requested that the particulars be noted; and
(b) particulars of a probative discharge of the right of the proprietor of the dominant tenement in a servitude.
Combination and Division of Title Sheets
8. When it appears to the Keeper to be desirable to do so he may—
(a) enter the particulars of an interest in land in the title sheet of another interest in land and cancel the title sheet in which the interest was previously entered, or
(b) enter in another title sheet or in other title sheets a part or parts of the interest in land which was previously entered as a single interest and amend appropriately the title sheet in which the whole interest was previously entered.
PART III
REGISTRATION OF INTERESTS IN LAND AND NOTING OF OVERRIDING INTERESTS AND ENTRY OF ADDITIONAL INFORMATION
Application for Registration of Interest in Land
9.—(1) Any application for registration shall be made by the person in whose favour a real right will be created or affected by registration and such an application shall be on the following forms—
(a) Form 1, where the application is for first registration;
(b) Form 2, where the application is for registration of a dealing (other than the transfer of part of a registered interest in land); and
(c) Form 3, where the application is for registration of a transfer of part of a registered interest in land.
(2) An application for registration shall be accompanied by an inventory of the writs relevant to the application on Form 4.
(3) Subject to rule 18, an application for registration on Form 2 or on Form 3 shall be accompanied by the certificate of title of the relevant interest in land.
Withdrawal by Applicant of Application for Registration
10. An application for registration may be withdrawn by the applicant before the completion of registration.
Return by Keeper of Document for Amendment
11. Subject to rule 12, where an application for registration is not accepted by the Keeper on the grounds that it does not comply with subsection (1) or (2)(a) or (d) of section 4 of the Act, but has not been rejected by the Keeper or withdrawn by the applicant, the Keeper may return any document relating to the application to the applicant for amendment in order that the application may be made so to comply.
Failure by Applicant to Respond to Keeper's Request
12. Where the applicant, having been requested by the Keeper to supply documents and evidence in accordance with section 4(1) of the Act or to amend a document in accordance with rule 11, fails to do so, the Keeper after the expiry of such reasonable period of time as may be fixed by him and intimated to the applicant, being not less than 60 days, may either complete registration, subject to exclusion of indemnity, or reject the application.
Application for Noting of Overriding Interest or for Entry of Discharge of Overriding Interest or of Additional Information
13. An application for—
(a) the noting of an overriding interest in terms of section 6(4) of the Act; or
(b) the entering of—
(i) the discharge of an overriding interest in terms of rule 7(3); or
(ii) additional information entered in terms of section 6(1)(g) of the Act; or
(c) the deletion of a note or an entry made, respectively, under paragraph (a) or paragraph (b) of this rule
shall be on Form 5.
PART IV
CERTIFICATE OF TITLE
Form of Land Certificate
14. A land certificate issued by the Keeper in terms of...
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