As part of the ‘due diligence’ process of ensuring a purchaser obtains a good title to land, a solicitor, acting on behalf of the purchaser, will undertake an examination of all elements of the property being purchased. Part of this examination involves a search of the property registers.
While it is not compulsory to obtain information from the property registers before granting a deed of sale, it is prudent to do so. It is neither compulsory, nor necessary, to search the property registers in the case of mortgages.
The information to be examined will likely concern ownership, charges, rights, burdens and encumbrances, and even the description of the property itself.
Further information about the information provided by Registers of Scotland (RoS) and how to obtain it can be found in the ‘Land Registry Publicity‘ fact sheet.