Land Registration Bill

The Land Registration Bill announced by the Scottish Government on 7th September sets out key proposals for changes to Scotland’s land registration system.
The Land Registration Bill announced by the Scottish Government on 7th September sets out key proposals for changes to Scotland’s land registration system.
 
The new Bill outlines mechanisms to modernise the process of recording land and property rights to make it clearer, more certain, more efficient and fit for the 21st century.
 
Highlighting the need for change Sheenagh Adams, Keeper of the Registers of Scotland stated:
“The current law on Land Registration is recognised as not being fit for purpose or flexible enough to deal with market fluctuations and technological improvements.
 
In 2002, the Scottish Law Commission (SLC) was asked to review the law. The SLC produced a final report on the land registration in February 2010 and attached a draft bill.
 
Registers of Scotland conducted a public consultation at the request of Scottish Ministers in Autumn 2010.
 
Key measures include:
 
  • To put on a sound statutory footing the system of land registration in Scotland that has evolved in practice due to the gaps in the Land Registration (Scotland) Act 1979
  • To provide for the eventual completion of the Land Register by increasing the triggers for voluntary registrations and Keeper- induced registrations.
  • To re-align registration law with property law by, for example adjusting the circumstances in which a person can recover their property rather than only get compensation from the Keeper of the Registers of Scotland.
  • To introduce a system of “advance notices” for conveying transactions which will remove the risk of losing title to a property between the settlement date and the registration date  (which risk is currently underwritten by insurance)
  • To introduce amendments to the Requirements of Writing (Scotland) Act 1995 to allow for electronic conveyancing and electronic registration
 We are introducing the Land Registration (Scotland) Bill to improve the land registration system in Scotland and to provide for the completion of the land register.  A robust land registration system is important to the Scottish economy.
 
Scottish Law Commission said
 
“We believe that if our recommendations are implemented, Scotland would once again have one of the best land registration systems to be found anywhere in the world. Indeed, arguably it would be the best”


Please click here to watch videos of our Land Registration (Scotland) Bill Roadshow.