Relationship between LR and Cadastral

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Are Land Registry and Cadastre different institutions?

In Scotland there is no single organisation responsible for the cadastre (indeed, «cadastre» is not a term widely used in the UK as a whole). Instead, cadastral functions have developed in such a way as to be administered by several separate bodies, of which RoS is one.

RoS, as part of its duty to register and record land rights, maintains a cadastral map which shows the boundaries and ownership of land parcels.

Availability of information – Customers are able to search both the Land and Sasine Registers using the RoS online information service, Registers Direct. This service is available to everyone but is primarily aimed at ‘frequent use’ customers as online registration is required. Customers requiring one-off access to the registers are encouraged to contact RoS customer service centres directly.

RoS’s Business Development section produces a large range of Land and Property Data reports containing information about land and property transactions in Scotland. These reports are also available through our website.

Scrutiny by registrars – Although the onus lies with the applicant to satisfy the general application conditions and the conditions of registration, RoS will carry out checks on receipt of an application to ensure that the application is in order and that there are no defects on the face of the deed to be registered.

Electronic deeds – ARTL (automated registration of title to land) is an automated system for land registration provided by RoS. It provides a quicker, more efficient, and cheaper system of registration for simple transactions. The system is designed for use by Scottish solicitors, conveyancers, mortgage lenders and local authorities, and there is no charge for a licence.

Veracity of information – Generally, any inaccuracy in the Land Register will be rectified, but for an inaccuracy to be rectified it must be manifest. Examples of where a manifest inaccuracy could exist include:

– a void deed had been given effect to
– a plot had been delineated incorrectly on the cadastral map
– rights and burdens had been omitted
– the existence of an inaccuracy had been judicial determined

RoS’s duty to rectify a manifest inaccuracy is only engaged where what is needed to be done to rectify the register is also manifest.