"Everyone will know who owns Scotland" - Environment Minister Paul Wheelhouse, May 2014
On 8 December 2014, the land registration system in Scotland experienced its biggest overhaul since the introduction of the Land Register almost 35 years ago. On that day, the Land Registration etc. (Scotland) Act 2012 came into force, radically altering the landscape for anyone with an interest in property in Scotland, and aligning the Scottish system much more closely with its English equivalent.
The previous system of registration in Scotland relied on a complex series of protocols combining ‘property’ law, ‘registration’ law and solicitors’ insurance. The Act has been designed to realign these sometimes opposing angles, improve transparency and efficiency, and above all facilitate the stated aim of the Keeper of the Registers of Scotland to register the whole of Scotland within the next ten years.
New Triggers for Registration
Amongst other new triggers, as from 8 December, all transfers of property not yet registered in the Land Register – whether for value or not – have triggered first registration.
Cadastral Map
The cadastral map is the foundation of the new system of registration, and is effectively one large map, based on the Ordnance Survey map, covering the whole of Scotland. Each registered property will be a "cadastral unit" and be allocated a "cadastral number".
Advance Notices
Similar to the English system of priority searches, Advance Notices will now protect deeds for a period of 35 days, meaning that the deed to which the Advance Notice refers will take priority over any other deed submitted during that time.
This is the start of a whole new era in Scottish property law and practice; only time will tell how successful it will be, and what new challenges will arise.
