Экзамен зачет учебный год 2023 / SLC, Report on land registration. Vol 1
.pdf
(SCOT LAW COM No 222)
Report on Land Registration
Volume One
report
Report on Land Registration
Volume One
This Report has been published in two volumes
Laid before the Scottish Parliament by the Scottish Ministers under section 3(2) of the Law Commissions Act 1965
February 2010
SCOT LAW COM No 222
SG/2010/14
EDINBURGH:The Stationery Office
£71.85
© Crown copyright 2010
The text in this document (excluding the Scottish Law Commission logo) may be reproduced free of charge in any format or medium providing it is reproduced accurately and not used in a misleading context. The material must be acknowledged as Crown copyright and the title of the document specified.
Where we have identified any third party copyright material you will need to obtain permission from the copyright holders concerned.
For any other use of the material in this document please write to the Office of the Queen's Printer for Scotland at Admail ADM4058, Edinburgh EH1 1NG
or email: licensing@oqps.gov.uk.
ISBN: 9780108882487
Printed in the UK for The Stationery Office Limited on behalf of the Queen’s Printer for Scotland.
02/10
Cover printed on 75% recycled paper
Text printed on 100% recycled paper
ii
The Scottish Law Commission was set up by section 2 of the Law Commissions Act 19651 for the purpose of promoting the reform of the law of Scotland. The Commissioners are:
The Honourable Lord Drummond Young, Chairman
Ms Laura Dunlop, QC
Professor George L Gretton
Patrick Layden, QC TD
Professor Hector L MacQueen.
The Chief Executive of the Commission is Malcolm McMillan. Its offices are at 140 Causewayside, Edinburgh EH9 1PR.
Tel: |
0131 668 2131 |
Fax: |
0131 662 4900 |
Email: |
info@scotlawcom.gov.uk |
Or via our website at www.scotlawcom.gov.uk – select "Contact"
NOTES
1.For those wishing further copies of this paper it may be downloaded from our website or purchased from TSO (www.tsoshop.co.uk). Please note that there are two volumes.
2.If you have any difficulty in reading this document, please contact us and we will do our best to assist. You may wish to note that an accessible electronic version of this document is available on our website.
1 Amended by the Scotland Act 1998 (Consequential Modifications) (No 2) Order 1999 (SI 1999/1820).
iii
iv
SCOTTISH LAW COMMISSION
Item No 2 of our Seventh Programme of Law Reform
Report on Land Registration
To: Kenny MacAskill MSP, Cabinet Secretary for Justice
We have the honour to submit to the Scottish Ministers our Report on Land Registration.
(Signed) |
JAMES DRUMMOND YOUNG, Chairman |
|
LAURA DUNLOP |
|
GEORGE GRETTON |
|
PATRICK LAYDEN |
|
HECTOR L MACQUEEN |
Malcolm McMillan, Chief Executive
24 December 2009
v
vi
Contents
Paragraph Page
Volume One
Part 1 |
Introduction |
|
|
Land registration law |
1.1 |
1 |
|
Land registration in Scotland |
1.2 |
1 |
|
The need for reform |
1.5 |
2 |
|
Scot/LAND online |
1.9 |
3 |
|
Economic impact |
1.11 |
4 |
|
What land registration can and cannot achieve |
1.13 |
4 |
|
The structure of the Report |
1.17 |
5 |
|
The structure and style of the draft Bill: anatomy, physiology, pathology |
1.19 |
5 |
|
The appendices |
1.22 |
6 |
|
Legislative competence and human rights |
1.23 |
7 |
|
Acknowledgements |
1.29 |
8 |
|
Part 2 |
The background to the project |
|
|
The public recording of property rights |
2.1 |
9 |
|
Shortcomings of the Register of Sasines |
2.4 |
10 |
|
Title registration systems |
2.8 |
10 |
|
The origins of registration of title in Scotland |
2.13 |
12 |
|
The 1979 Act |
|
2.18 |
14 |
Roll-out of the 1979 Act |
2.20 |
15 |
|
This project |
|
2.21 |
16 |
Part 3 |
Overview |
|
|
Introduction |
|
3.1 |
17 |
Continuity |
|
3.2 |
17 |
Repeal of the 1979 Act |
3.3 |
17 |
|
Pumping concrete into the foundations |
3.5 |
17 |
|
Completion of the Register |
3.7 |
18 |
|
Advance notices |
3.9 |
18 |
|
Electronic conveyancing |
3.10 |
19 |
|
An end to bijuralism |
3.11 |
19 |
|
Inaccuracies and their rectification |
3.12 |
19 |
|
The problem of the continuous memory-less present: the Archive |
|
|
|
Record |
|
3.15 |
20 |
The Application Record |
3.17 |
20 |
|
The Cadastral Map |
3.18 |
21 |
|
Criteria for accepting or rejecting applications |
3.19 |
21 |
|
The one-shot principle |
3.20 |
21 |
|
vii
Contents (cont'd)
|
|
Paragraph |
Page |
Expenses: the "claimant's charter" |
3.21 |
22 |
|
Granting or excluding indemnity |
3.22 |
22 |
|
Duty of care |
|
3.23 |
22 |
Turnaround deadlines |
3.24 |
22 |
|
No registration without mapping |
3.25 |
22 |
|
Part 4 |
The structure and contents of the Register |
|
|
Introduction |
|
4.1 |
24 |
The de jure structure of the Land Register |
4.2 |
24 |
|
The de facto structure of the Land Register |
4.3 |
24 |
|
Details 1: The Title Sheet Record |
4.5 |
26 |
|
Details 2: The Application Record |
4.9 |
27 |
|
Details 3: The Index Map |
4.10 |
27 |
|
Details 4: The Index of Proprietors |
4.11 |
27 |
|
Details 5: The Archive Record |
4.12 |
28 |
|
Evaluation and recommendations: the Title Sheet Record |
4.15 |
28 |
|
Designation |
|
4.18 |
29 |
What can appear on a title sheet? An open-door policy? |
4.25 |
30 |
|
Overriding interests |
4.27 |
31 |
|
Purely contractual rights |
4.28 |
31 |
|
Occupancy rights |
4.32 |
32 |
|
Data from other registers |
4.34 |
33 |
|
Evaluation and recommendations: the Application Record and the |
|
|
|
Archive Record |
4.35 |
33 |
|
Evaluation and recommendations: the Index of Proprietors |
4.38 |
34 |
|
Evaluation and recommendations: the Index Map |
4.39 |
35 |
|
Other mapping issues |
4.44 |
36 |
|
"Plot of land" |
|
4.45 |
36 |
Registration of “interests in land” or registration of “plots of land”? |
4.46 |
36 |
|
Combination and division |
4.47 |
37 |
|
Separate tenements and long leases |
4.48 |
37 |
|
Recapitulation: plots of land, cadastral units and title sheets |
4.52 |
39 |
|
Shared areas |
|
4.53 |
39 |
Quantum of pro indiviso share |
4.54 |
39 |
|
The seabed |
|
4.61 |
41 |
Trusts |
|
4.63 |
42 |
Price and other information |
4.64 |
42 |
|
Other changes |
4.65 |
42 |
|
viii