Why register?

1. Is it compulsory to register all transactions relating to land/property in your system?

In general, it is not compulsory to register transactions relating to land or property, but it is prudent to do so as a real right in property does not pass to the purchaser until the deed is registered. In particular, an unregistered disposition does not transfer ownership.

2. If not, are there any circumstances under which is it compulsory to do so?

N/A

3. If not, and registration is voluntary, what are the benefits of registration?

Only through registration can a purchaser acquire the real right to the subjects of sale.

4. What percentage of land/titles is/are registered in your system?

Up-to-date information regarding land register coverage can be found on Registers of Scotland’s website here

5. What types of legal rights in property are capable of being protected by registration?

Ownership and long leases (leases with a duration in excess of twenty years). Further, upon registration the creditor obtains a real right in security over the interest in land.

6. Are there other rights, legal situations, judicial decisions affecting property rights or owner’s powers capable of registration?

No.

7. What are the effects of registration of a transfer of ownership?

The new owner obtains a real right in the property in question and a state-guaranteed title to the same, provided that the guarantee has not been limited or excluded due to a title problem.

8. What are the effects of registration of a mortgage/charge? What powers or rights are available to the registered owners of charge in order to enforce their security?

Upon registration, the creditor obtains a real right in security over the interest in land. Powers of enforcement are contained in the Conveyancing and Feudal Reform (Scotland) Act 1970, but the authority to enforce such changes and any procedure relating to such enforcement is beyond the remit of RoS.

9. Is the title guaranteed by the State/Registrar? If so, to what extent and under what circumstances?

Registered titles are guaranteed (warranted) by RoS. There are statutory exclusions to this warranty, or warranty may be limited or excluded when a particular title defect or anomaly exists that is not covered by the statutory exclusions.

10. What remedies are available to land registry information users who may have relied on register information and suffered loss as a result of reliance on that information?

The Land Registration etc. (Scotland) Act 2012 provides that the Keeper must pay compensation for loss incurred as a result of a breach of the Keeper’s warranty if and when the inaccuracy giving rise to the claim for compensation is rectified. Registers of Scotland only warrant that the title sheet is accurate at the time the application is registered and the Keeper does not warrant against a title sheet becoming inaccurate as a result of an off-register event taking place after the date warranty is given.

11. How does a party who has suffered loss make a claim for compensation if applicable?

There is no prescribed form for initiating a claim against the Keeper. The claim should, however, be made in writing, identify the legal basis for the claim, and include detailed information about the nature and circumstances of the loss. It must be properly quantified and accompanied by evidence, such as receipts or invoices. All claims should be directed to the Indemnity Team based in our Edinburgh Office in the first instance.

12. What are the risks involved where property transactions are not registered?

The parties involved will only possess personal rights to the property in question and not a real right. The Keeper’s warranty will not extend to the grantee’s title.

13. Are there any penalties for non-registration?

No.

14. Is cadastral/mapping information included in the title registration process? If so, is it guaranteed? If yes, by whom?

Yes, the registration process includes the mapping of the property in question and the Land Registration etc. (Scotland) Act 2012 places mapping at the heart of land registration. Warranty extends to the cadastral map as the cadastral map is regarded as forming part of the register. The warranty is provided by the Keeper.