At the moment, only around 26% of Scotland’s land mass is on the modern, map-based Land Register of Scotland. Almost all the rest is still held on the older, deeds-based Sasines Register.
It can be difficult to identify who owns land held on the Sasines Register.
So the Scottish Ministers are taking immediate steps to ensure that the Land Register is completed, so that it contains all Scottish land, by 2024.
Public land is estimated to account for around 10% of Scotland’s land mass. The Scottish Ministers have therefore asked all public bodies to voluntarily register their land (public land) in the Land Register by 2019.
The indications are that public land includes land owned by the Crown, the Scottish Government/the Scottish Ministers (including areas owned by them but managed by parts of the Scottish Government e.g. Historic Scotland, Transport Scotland and others). It also includes land held by Scottish non-departmental public bodies (e.g. Scottish Natural Heritage, Scottish Water, Highlands and Islands Enterprise and others), land owned by Scotland’s 32 local authorities and land in Scotland owned by the UK Government (e.g. the Ministry of Defence). The Land Register may also look at other public leaning bodies to register by 2019; even if it doesn’t, those public leaning bodies would still have to register by 2024.
If voluntary registrations are not completed by a critical date between now and 2024, to be decided by the Land Register, it will use powers which it has to carry out these registrations of title itself.
What do public bodies need to do?
- Identify all title deeds to your Scottish land.
- Check the deeds and confirm the extent of your land, and the rights and obligations relating to it.
- Consider the time and cost implications for you of proceeding with a voluntary registration.
- If you do decide to proceed with a voluntary registration, arrange for your legal advisers to prepare an application for registration in the Land Register, with all relevant details and title deed, and make payment of registration dues.
- If the Land Register does carry out a registration itself, it will notify the landowner, but only once completed. The landowner will then want to check that the registration is correct and accurately reflects the extent of its land and the rights and obligations relating to it. The process here is similar to the process where the landowner completes a voluntary registration. So there may therefore be little or no time or cost saving in the landowner deciding not to complete a voluntary registration.
Although 2019 may seem some time away, voluntary registration is something which public bodies should begin considering straight away. CMS are on hand to answer any queries and to help you start assessing what this means for you.
For more information, please contact Roland Smyth or Lorri Pollock.
