Effective legal protection

1. Enchained title and protection: Let’s suppose that someone appears as seller in a document or application for registration. However he’s not entitled to sell in accordance with the LR registration books or land books because precisely the registered owner is a different person who has nothing to do with that one. What would your LR response be?

Deeds or documents presented for registration in respect of a sale of the subjects must agree with the information contained on the land register with regard to the parties thereto. That is to say, the person executing a deed as seller must be the proprietor of the subjects of sale.

Deed and documents may also be executed on behalf of the seller. The deed itself must describe in what capacity such person or body is signing.

Any deed presented for registration which fails the above checks is regarded, in terms of the 2012 Act, as not valid and will be rejected.

2. Entitlement to alter or modify LR terms. In your LR system, the entries or registrations in the Registration books or land books on the registered properties can be modified:

RoS will rectify the register when it becomes aware that there is a manifest inaccuracy in the register and what is required to correct the inaccuracy is also manifest. An interested party, on becoming aware of a perceived inaccuracy, should notify RoS, providing evidence of the correct position, and in investigation will ensue.

Interested parties may also refer questions relating to the accuracy of the land register and what should be done to correct the inaccuracy to the Lands Tribunal for Scotland. The Lands Tribunal will give notice to all interested parties of their decision.

 3. Notifications. What sort of notifications for parties or stakeholders do LR offices deal with legally?

RoS only provide notifications in limited circumstances.

These include:

1) Acceptance, rejection and withdrawal of applications for registration.
2) When the Land Register is rectified.
3) When a person is entered into a title sheet as holder of a right (prescriptive claimant).