1. Are there any such hidden charges in your system? If so, please list them, and explain how a buyer can discover them. Explain if there is any simple way that the property can be freed from them.
Under the Land Registration etc. (Scotland) Act 2012, only three types of «off-register» rights may be noted in the land register: public rights of way, paths delineated by order under section 22 of the Land Reform (Scotland) Act 2003, and servitudes created other than by registration (such as by prescription).
Although other types of overriding interest exist – for example, short leases (of less than 20 years) and floating charges – they are not capable of being noted in the land register.
Short leases may be submitted to the Register of Deeds in the Books of Council and Session (a register also held by Registers of Scotland (RoS)) for publication purposes but a real right is only obtained on possession of the subjects by the tenant. Floating charges appear on the Register of Charges, maintained by the Registrar of Companies.
Given that RoS does not, except in the instances mentioned above, hold information regarding hidden charges or overriding interests affecting a property, it is generally incumbent upon the owner of the property, or their legal advisor, to disclose any such matters to a prospective purchaser
2. Do any of these, or any other similar matters, have priority over a mortgage, where the lender was acting in good faith and was unaware of them? Explain if there is any simple way that the property can be freed from them.
Under compulsory purchase procedures the acquiring authority obtains an unchallengeable title, unencumbered by any existing securities, burdens or conditions.