When is it possible to open a new land registry file?
In Scotland, new land registry files (title sheets) are opened either:
- when a property transfers ownership and enters the land register for the first time (a first registration), or
- when only part of an already registered property is transferred to a new owner (a transfer of part).
Transactions over the whole of a previously registered property do not require a new title sheet to be opened.
In addition to the above, and as part of Registers of Scotland’s (RoS’s) drive to complete the land register by 2024, a number of other paths to the creation of a new title sheet are also available:
- Voluntary registration. This allows the owner of a property to apply for registration in the land register at any time – there is no need for a transfer of property to have taken place.
- Keeper-induced registration. This allows RoS to move titles from the General Register of Sasines (a precursor to the land register that is still in operation but gradually being replaced) to the land register without an application from the proprietor or a transfer of the property.
- Automatic plot registration (APR). When certain types of deed are presented for registration (leases, subleases, etc.) APR will automatically trigger registration in the land register for any unregistered plot of land in the landlord’s possession relative to the extent of that deed