Legalize / United Kingdom / Scotland / Act of the Scottish Parliament

Land Registration etc. (Scotland) Act 2012

Type Act of the Scottish Parliament

Publication 2012-07-10

Last updated 2023-10-26

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Part 1 — The Land Register

The Land Register of Scotland

Warrant to place a caveat

1

(1) There is to continue to be a public register of rights in land in Scotland (which is to continue to be known as the “Land Register of Scotland”).

(2) The register is to continue to be under the management and control of the Keeper of the Registers of Scotland.

(3) The register is to continue to have a seal.

(4) Subject to the provisions of this Act, the register is to be in such form (which may be, or be in part, an electronic form) as the Keeper considers appropriate.

(5) The Keeper must take such steps as appear reasonable to the Keeper to protect the register from—

(a) interference,

(b) unauthorised access, and

Structure and contents of the register

The parts of the register

2

The Keeper must make up and maintain, as parts of the register—

(a) the title sheet record,

(b) the cadastral map,

(d) the application record.

Title sheets and the title sheet record

3

(1) The Keeper must make up and maintain a title sheet for each registered plot of land.

(2) The Keeper may make up and maintain a title sheet for a registered lease.

(3) The title sheet record is the totality of all such title sheets.

(4) A plot of land is an area or areas of land all of which are owned by one person, or one set of persons.

(5) A separate tenement constitutes a plot of land for the purposes of this Act.

(6) Subject to subsections (2) and (7), there is to be only one title sheet for each plot of land.

(7) The Keeper need not make up and maintain a title sheet for a plot of land which is a pertinent of another plot of land (or of two or more other plots of land) but may instead include it in the title sheet of the other plot or plots of land of which it is a pertinent.

Title and lease title numbers

4

(1) The Keeper must assign a title number to—

(a) the title sheet of each registered plot of land, and

(b) where a registered lease has a title sheet, to that title sheet.

(2) A title number is an unique identifier consisting of numerals or of letters and numerals.

Structure of title sheets

5

(1) A title sheet is to comprise—

(a) a property section,

(b) a proprietorship section,

(d) a burdens section.

(2) A section of a title sheet may be sub-divided if and as the Keeper considers appropriate.

The property section of the title sheet

6

(1) The Keeper must enter in the property section of the title sheet—

(a) a description—

(i) of the plot of land (being a description by reference to the cadastral map),

(ii) of the nature of the proprietor's right in the plot of land, and

(iii) if the plot is a separate tenement, of the nature of the tenement,

(b) the particulars of any incorporeal pertinents (including, if there is a burdened property, the particulars of that property in so far as known),

(d) any entry required under section 18(2)(a) or paragraph 7(a) of schedule 1,

(e) if the title sheet is a lease title sheet, the particulars of the lease, and

(f) where there is for the area of land another title sheet (as for example for a plot which is a separate tenement), the title number of that other title sheet.

(2) Paragraph (f) of subsection (1) does not apply where the other title sheet is the title sheet of a flat in a flatted building.

The proprietorship section of the title sheet

7

(1) The Keeper must enter in the proprietorship section of the title sheet—

(a) the name and designation of the proprietor, and

(b) in the case of ownership in common, the respective shares of the proprietors.

(2) Paragraph (a) of subsection (1) is subject to section 18(1)(b) and to paragraph 6(b) of schedule 1; and paragraph (b) of that subsection is subject to sections 16(2)(b) and 18(2)(b), to paragraph 7(b) of schedule 1 and to paragraphs 8(b) and 10 of schedule 4.

The securities section of the title sheet

8

(1) The Keeper must enter in the securities section of the title sheet particulars of any heritable security over the right in land to which the title sheet relates (including the name and designation of the creditor in the security).

(2) This section is subject to section 18(3)(b) and to paragraph 8(b) of schedule 1.

The burdens section of the title sheet

9

(1) The Keeper must enter in the burdens section of the title sheet—

(a) where the right in land to which the title sheet relates is encumbered with a title condition—

(i) the terms of the title condition,

(ii) a description of any benefited property (in so far as known to the Keeper), and

(iii) if the title condition is a personal real burden, the name and designation of the person who has title to enforce it,

(b) where there is a long lease (other than a long sub-lease) which has real effect, that fact,

(c) in a case where the title sheet is a lease title sheet, where there is a long sub-lease (other than a long sub-sub-lease) which has real effect, that fact,

(d) in so far as known to the Keeper, any public right of way (by whatever means) over or through the land,

(e) particulars of any path order made under section 22 of the Land Reform (Scotland) Act 2003 (asp 2) (compulsory powers to delineate paths in land in respect of which access rights are exercisable), and

(f) any other encumbrance the inclusion of which in the register is permitted or required, expressly or impliedly, by an enactment and the name and designation of the person who has title to enforce that encumbrance.

(2) In subsection (1)—

“encumbrance” does not include a heritable security,

“long lease” means—a lease exceeding 20 years, ora lease which includes provision (however expressed) requiring the landlord to renew the lease at the tenant's request as a result of which (and without any subsequent agreement express or implied between the landlord and tenant) the total duration could exceed 20 years.

(3) This section is subject to section 18(4) and to paragraph 9 of schedule 1.

What is entered or incorporated by reference in a title sheet

10

(1) The Keeper must, in addition to what is to be entered under sections 6 to 9, enter the matters mentioned in subsection (2) in a title sheet.

(2) The matters are—

(a) any statement made by virtue of any of subsections (3) and (4)(b) of section 75 or subsection (5)(a) of section 76,

(b) particulars of any special destination,

(d) the terms of any caveat, warrant for which is granted under section 67(3), and

(e) such other information (if any) as the Keeper considers appropriate.

(3) The Keeper may incorporate by reference in a title sheet—

(a) a document in the archive record, or

(b) a deed in any other register under the management and control of the Keeper or of the Keeper of the Records of Scotland.

(4) The Keeper must not enter or incorporate by reference in a title sheet any rights or obligations except in so far as their entry is authorised by an enactment.

(5) The entry or incorporation by reference in a title sheet of any right or obligation, in so far as not so authorised—

(a) does not constitute notice of that right or obligation, and

(b) is without any other effect.

(6) Subsection (2)(b) is subject to section 18(3)(c) and to paragraph 8(c) of schedule 1.

The cadastral map

11

(1) The cadastral map is a map—

(a) showing the totality of registered geospatial data (other than supplementary data in individual title sheets),

(b) showing for each cadastral unit—

(i) the cadastral unit number,

(ii) the boundaries of the unit, and

(iii) the title number of any registered lease relating to the unit, and

(2) A cadastral unit which represents a separate tenement must be shown on the map in such a way as will distinguish it as a cadastral unit from other units.

(3) The cadastral map may (but need not) show the boundaries of cadastral units on the vertical plane.

(4) The cadastral map may contain such other information as the Keeper considers appropriate.

(5) The cadastral map must be based upon the base map.

(6) The base map is—

(a) the Ordnance Map,

(b) another system of mapping, being a system which accords with such requirements as the Scottish Ministers may, by order, prescribe, or

(7) On the base map being updated, the Keeper must make any changes to the register which are necessary in consequence of the updating.

(8) For the purposes of subsection (1)(a), the Keeper may determine what data is supplementary data.

(9) This section and sections 12 and 13 are without prejudice to section 16.

Cadastral units

12

(1) A cadastral unit is a unit which represents a single registered plot of land.

(2) Subject to subsection (3), the same area of land cannot be represented by more than one cadastral unit.

(3) The Keeper need not represent a plot of land such as is mentioned in section 3(7) as a separate cadastral unit but may instead include it in the cadastral unit representing the plot or plots of land of which it is a pertinent.

(4) The Keeper must assign a cadastral unit number to each cadastral unit.

(5) The cadastral unit number is to be the title number of the plot of land which that unit represents.

The cadastral map: further provision

13

(1) Where a plot of land—

(a) lies wholly outwith the base map, or

(b) extends partly outwith the base map,

the Keeper may adopt such means of representing the boundaries on the cadastral map as the Keeper considers appropriate.

(2) The Keeper may—

(a) combine cadastral units,

(b) remove a cadastral unit from the map, or

(3) On dividing a cadastral unit under subsection (2)(c), the Keeper may combine any of the resultant parts with a different cadastral unit.

(4) The Keeper must make such changes to the register as are necessary in consequence of anything done under subsections (2) and (3).

The archive record

14

(1) The archive record is to consist of—

(a) copies of all documents submitted to the Keeper,

(b) copies of all documents which the Keeper is required to include under land register rules, and

(2) The Keeper must also include in the archive record such information as is required for the purposes of section 104.

(3) But the Keeper need not include in the archive record a copy of—

(a) any enactment, or

(b) any document comprised in any other register under the management and control of the Keeper or of the Keeper of the Records of Scotland.

(4) A fact which can be discovered from the archive record is not, by reason only of that circumstance, a fact which a person ought to know.

The application record

15

The application record is to consist of all—

(a) applications for registration as are for the time being pending, and

(b) advance notices as are for the time being extant.

Tenements etc.

Tenements and other flatted buildings

16

(1) Where the Keeper considers it appropriate in relation to a flatted building to do so, the Keeper may, instead of representing each registered flat in the building as a separate cadastral unit, represent the building and all the registered flats in it as a single cadastral unit.

(2) Where a flatted building and the registered flats in it are represented as a single cadastral unit—

(a) the cadastral map must show, for that cadastral unit, the title numbers of each registered flat, and

(b) the respective pro indiviso shares in the pertinents of the registered flats need not be entered in the proprietorship section of the title sheet of any of those flats.

(3) But subsections (1) and (2) do not apply in relation to land pertaining to the flatted building which—

(a) extends more than 25 metres from the building in so far as it so extends, or

(b) is further than 25 metres from the building (measuring along a horizontal plane from whatever point of that building is nearest to the land).

(4) In this Act a “flatted building” means—

(a) a tenement, or

(b) any other subdivided building.

(5) A “subdivided building”—

(a) means a building or part of a building, not being a tenement, which comprises two or more related flats, at least two of which—

(i) are, or are designed to be, in separate ownership, and

(ii) are divided from each other vertically, and

(b) includes the solum and any other land pertaining to the building or part of the building.

(6) In determining whether flats comprised in a subdivided building are related, the Keeper must have regard, among other things, to—

(a) the title to the building, and

(b) any real burdens.

(7) In subsection (6), “title to the building” means—

(a) any conveyance, or reservation, of property which affects the subdivided building, any flat in the building or any pertinent of the building or of any such flat, and

(b) the relevant title sheet of the building, any flat in it or any pertinent of the building or of any such flat.

(8) Expressions used in this section and in sections 26 and 29 of the Tenements (Scotland) Act 2004 (asp 11) have the meanings given in that Act.

Shared plots

17

(1) This section applies where a plot of land—

(a) is owned in common by the proprietors of two or more other plots of land by virtue of their ownership of those other plots,

(b) is not owned in common by anyone else.

(2) The Keeper may, if the Keeper considers it appropriate, designate the title sheet of the plot of land to be a “shared plot title sheet”.

(3) In this section and in sections 18 and 19—

(a) references to a “shared plot” are to a plot of land the title sheet of which is designated under subsection (2),

(b) references to the “sharing plots” are to the other plots of land the proprietors of which own the shared plot in common.

(4) Unless the context otherwise requires, any reference in a document to a sharing plot is to be taken to include a reference to the share in the shared plot which pertains to the sharing plot.

(5) Registration has the same effect in relation to a share in a shared plot which pertains to a sharing plot as it has in relation to the sharing plot (except in so far as may otherwise be provided in the deed registered).

18

(1) The Keeper must enter—

(a) in the property section of the title sheet of each of the sharing plots, the title number of the shared plot title sheet,

(b) in the proprietorship section of the shared plot title sheet, the title numbers of the title sheets of each of the sharing plots.

(2) The Keeper must also enter—

(a) in the property section of the title sheet of each sharing plot, the quantum of the share which the proprietor of that sharing plot has in the shared plot,

(b) in the proprietorship section of the shared plot title sheet, in relation to the information required by section 7(1)(b), the respective share each sharing plot has in the shared plot,

(c) in the securities section of that title sheet, a statement to the effect that the shared plot may be subject to a heritable security registered against a sharing plot,

(d) in the burdens section of that title sheet, a statement to the effect that the shared plot may be subject to some other encumbrance so registered.

(3) The Keeper must not enter in or, if entered, must omit from—

(a) the proprietorship section of the shared plot title sheet, the information that would otherwise be required under section 7(1)(a),

(b) the securities section of that title sheet, the information that would otherwise be required under section 8(1) unless the security is over the shared plot only,

(4) The Keeper may, if the condition mentioned in subsection (5) is satisfied and the Keeper considers it appropriate, omit from the burdens section of the shared plot title sheet any entry which would otherwise be required under section 9(1).

(5) The condition is that the encumbrance to which the entry would relate is (or falls to be) registered against each of the sharing plots.

Conversion of shared plot title sheet to ordinary title sheet

19

(1) The Keeper may at any time revoke a designation under section 17(2) of a title sheet as a shared plot title sheet.

(2) Where the Keeper revokes a designation, the Keeper must make such changes to the title sheets of the plots of land that were, in relation to the shared plot title sheet, the shared plot and the sharing plots as are consequential upon the revocation.

Shared plot title sheets in relation to registered leases

20

Schedule 1 makes provision for registered leases tenanted in common similar to that made by sections 17 to 19 for plots of land owned in common.

Part 2 — Registration

Applications for registration

Application for registration of deed

21

(1) A person may apply to the Keeper for registration of a registrable deed.

(2) The Keeper must accept an application under subsection (1) to the extent the applicant satisfies the Keeper that, as at the date of application, the general application conditions are met and—

(a) where the application is made in respect of a disposition of, or a notice of title to, an unregistered plot, the conditions set out in section 23 are met,

(b) where section 25 applies, the conditions set out in that section are met,

(3) To the extent the applicant does not so satisfy the Keeper, the Keeper must reject the application.

(4) Subsection (2) is subject to section 45(5) and paragraphs 1 to 5 of schedule 1A.

(4A) Schedule 1A makes provision about certain land transactions involving overseas entities.

(5) For the purposes of this section, submission by electronic means of a copy of the deed is sufficient evidence of the original for the purposes of accepting an application for registration.

(6) But subsection (5) applies only where submission of the copy is by a means (and in a form) which is specified on the Keeper’s website as being acceptable.

(7) In subsection (5), the reference to submission by electronic means is to submission—

(a) by means of an electronic communications network (for example as an attachment to an email), or

(b) by other means but in a form which requires the use of electronic apparatus by the recipient to render the thing delivered intelligible.

(8) In this section—

“electronic communications network” has the meaning given by section 32 of the Communications Act 2003,

“the Keeper’s website” means the website maintained by, or on behalf of, the Keeper of the Registers of Scotland.

General application conditions

22

(1) The general application conditions are—

(a) the application is such that the Keeper is able to comply, in respect of it, with such duties as the Keeper has under Part 1,

(b) the application does not relate to a souvenir plot,

(c) the application does not fall to be rejected by virtue of section 6 or 9G of the Requirements of Writing (Scotland) Act 1995 (c.7) (registration of document) or of a prohibition in an enactment,

(d) the application is in the form (if any) prescribed by land register rules, and

(e) either—

(i) such fee as is payable for registration is paid, or

(ii) arrangements satisfactory to the Keeper are made for payment of that fee.

(2) In subsection (1)(b), “souvenir plot” means a plot of land which—

(a) is of inconsiderable size and of no practical utility, and

(b) is neither—

(i) a registered plot, nor

(ii) a plot the ownership of which has, at any time, separately been constituted or transferred by a document recorded in the Register of Sasines.

Conditions of registration: transfer of unregistered plot

23

(1) The conditions are that—

(a) the application is made by the grantee of the disposition or as the case may be the person in whose favour is the notice of title,

(b) the deed is valid,

(d) where within the plot there is a lesser area in respect of which a registrable encumbrance is constituted there is included in, or submitted with, the application a plan or description sufficient to enable the Keeper to delineate the boundaries of the lesser area on the cadastral map,

(e) there is included in the application a description of every public right of way (by whatever means) over or through the plot in so far as known to the applicant.

(2) Subsection (1)(c) and (d) do not apply—

(a) if the plot to which the application relates is a flat in a flatted building, and

(b) either—

(i) the flatted building is, by virtue of section 16, represented as a single cadastral unit on the cadastral map, or

(ii) the Keeper has indicated that the flatted building is, by virtue of that section, to be so represented.

(3) Despite subsection (2), subsection (1)(c) and (d) apply in so far as the plot includes a pertinent outwith the flatted building, being a pertinent only of the plot.

(4) Subsection (1)(d) does not apply in relation to an encumbrance which consists of—

(a) a right to lead a pipe, cable, wire or other such enclosed unit over or under land,

(b) a servitude created other than by registration.

(5) In this section, “the deed” means the disposition or as the case may be the notice of title.

Circumstances in which section 25 applies

24

(1) Section 25 applies where any of subsections (2) to (7) apply.

(2) This subsection applies where—

(a) the application is in respect of a grant of a lease, and

(b) the subjects of the lease consist of or form part of an unregistered plot of land.

(3) This subsection applies where—

(a) the application is in respect of an assignation of an unregistered lease, and

(b) the subjects of the lease consist of or form part of an unregistered plot of land.

(4) This subsection applies where—

(a) the application is in respect of a sublease granted by a tenant, and

(b) the subjects of the tenant's lease consist of or form part of an unregistered plot of land.

(5) This subsection applies where—

(a) the application is in respect of a deed registrable by virtue of section 48(4), and

(b) the land to which the deed relates consists of or forms part of an unregistered plot of land.

(6) This subsection applies where—

(a) the application is in respect of a notice of title to a subordinate real right,

(b) the notice of title is registrable by virtue of section 4A (as inserted by section 53(3)) of the Conveyancing (Scotland) Act 1924 (c.27),

(d) the land in respect of which the subordinate real right is constituted consists of or forms part of an unregistered plot of land.

(7) This subsection applies where—

(a) the application is in respect of a standard security granted over an unregistered subordinate real right, and

(b) the land in respect of which the subordinate real right is constituted consists of or forms part of an unregistered plot of land.

Conditions of registration: certain deeds relating to unregistered plots

25

(1) The conditions are that—

(a) the deed is valid,

(b) the deed so describes the plot as to enable the Keeper to delineate its boundaries on the cadastral map,

(c) where within the plot there is a lesser area in respect of which a registrable encumbrance is constituted there is included in, or submitted with, the application a plan or description sufficient to enable the Keeper to delineate the boundaries of the lesser area on the cadastral map,

(d) there is included in the application a description of every public right of way (by whatever means) over or through the plot in so far as known to the applicant.

(2) Subsection (1)(b) and (c) do not apply—

(a) if the plot to which the deed relates is a flat in a flatted building, and

(b) either—

(i) the flatted building is, by virtue of section 16, represented as a single cadastral unit in the cadastral map, or

(ii) the Keeper has indicated that the flatted building is, by virtue of that section, to be so represented.

(3) Despite subsection (2), subsection (1)(b) and (c) apply in so far as the plot includes a pertinent outwith the flatted building, being a pertinent only of the plot.

(4) Subsection (1)(c) does not apply in relation to an encumbrance which consists of—

(a) a right to lead a pipe, cable, wire or other such enclosed unit over or under land,

(b) a servitude created other than by registration.

(5) In this section and sections 30 and 41 in so far as they apply by virtue of this section, references to the plot are to be read as references to—

(a) where this section applies by virtue of section 24(2), (3) or (4), the area of land which forms the subjects of the lease,

(b) where this section applies by virtue of section 24(5), the area of land to which the deed relates,

(c) where this section applies by virtue of section 24(6) or (7), the area of land in respect of which the subordinate real right is constituted.

Conditions of registration: deeds relating to registered plots

26

(1) The conditions are that—

(a) the deed is valid,

(b) the deed relates to a registered plot of land,

(d) the deed, in so far as it relates to part only of a plot of land or of the subjects of a lease, so describes the part as to enable the Keeper to delineate on the cadastral map the boundaries of the part.

(2) Where the title number of the title sheet of a sharing plot is narrated in the deed, subsection (1)(c) does not require the narration of the title number of the title sheet of the shared plot.

(3) Subsection (1)(d) does not apply if—

(a) the part to which the deed relates is a flat in a flatted building, and

(b) either—

(i) the flatted building is, by virtue of section 16, represented as a single cadastral unit in the cadastral map, or

(ii) the Keeper has indicated that the flatted building is, by virtue of that section, to be so depicted.

(4) Despite subsection (3), subsection (1)(d) applies in so far as the part includes a pertinent outwith the flatted building, being a pertinent only of the part.

(5) Subsection (1)(d) does not apply in the case of an application which relates to registration to create as a servitude a right to lead a pipe, cable, wire or other such enclosed unit over or under land.

Registration without deed

Application for voluntary registration

27

(1) A person mentioned in subsection (2) may apply for registration of an unregistered plot of land or any part of that plot.

(2) The person is the owner (or, in the case of ownership in common, any of the owners) of the plot.

(3) The Keeper must accept an application under subsection (1) to the extent—

(a) the applicant satisfies the Keeper that, as at the date of the application, the following are met—

(i) the general application conditions, and

(ii) the conditions mentioned in section 28, and

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) To the extent the applicant does not so satisfy the Keeper, the Keeper must reject the application.

(4A) Subsection (3) is subject to paragraph 6 of schedule 1A.

(5) Where the application is in respect of a part of a plot of land, references to the plot in section 28 and section 30 in so far as it applies by virtue of this section are to be read as references to the part.

(6) The Scottish Ministers may by order repeal subsection (3)(b).

(7) Before making such an order, the Scottish Ministers must consult the Keeper.

(8) An order under subsection (6) may make different provision for different areas.

Conditions of registration: voluntary registration

28

(1) The conditions are that—

(a) there is submitted with the application a plan or description of the plot sufficient to enable the Keeper to delineate the plot's boundaries in the cadastral map,

(b) where within the plot there is a lesser area in respect of which a registrable encumbrance is constituted there is included in, or submitted with, the application a plan or description sufficient to enable the Keeper to delineate the boundaries of the lesser area in the cadastral map.

(2) Subsection (1)(a) and (b) does not apply—

(a) if the plot to which the application relates is a flat in a flatted building, and

(b) either—

(i) the flatted building is, by virtue of section 16, represented as a single cadastral unit on the cadastral map, or

(ii) the Keeper has indicated that the flatted building is, by virtue of that section, to be so depicted.

(3) Despite subsection (2), subsection (1)(a) and (b) applies in so far as the plot includes a pertinent outwith the flatted building, being a pertinent only of the plot.

(4) Subsection (1)(b) does not apply in relation to an encumbrance which consists of—

(a) a right to lead a pipe, cable, wire or other such enclosed unit over or under land, or

(b) a servitude created other than by registration.

Keeper-induced registration

29

(1) Other than on application and irrespective of whether the proprietor or any other person consents, the Keeper may register an unregistered plot of land or part of that plot.

(2) Where the Keeper decides under this section to register a part of a plot, references to the plot in section 30 are to be read as references to the part.

Completion of registration

Completion of registration of plot

30

(1) This section applies where—

(a) the Keeper accepts—

(i) an application under section 21 in respect of a disposition of, or a notice of title to, an unregistered plot of land,

(ii) an application under section 21 by virtue of it meeting the conditions in section 25, or

(iii) an application under section 27 in respect of a plot of land or a part of a plot, or

(b) the Keeper decides to register a plot of land or a part of a plot under section 29.

(2) The Keeper must—

(a) make up a title sheet for the plot,

(b) make such other changes to the title sheet record as are necessary or expedient,

(d) make such other changes to the cadastral map as are necessary or expedient, and

(e) copy into the archive record any document which—

(i) has been submitted to the Keeper or, where this section applies by virtue of subsection (1)(a)(ii) or (1)(b), is reasonably available to the Keeper, and

(ii) is relevant to the accuracy of the register.

(3) Subsection (2)(e) is subject to section 14(3).

(4) Changes under paragraph (b) or (d) of subsection (2) may include—

(a) cancelling a title sheet and cadastral unit, or

(b) making up a new title sheet and creating a new cadastral unit.

(5) In a case where—

(a) this section applies by virtue of subsection (1)(a)(ii) or (1)(b), and

(b) any name or designation to be entered in the new title sheet to be made up cannot, or cannot with reasonable certainty, be determined by the Keeper,

the Keeper may, in place of or as part of that entry, enter a statement that the name or designation is not known or as the case may be is not known with reasonable certainty.

Completion of registration of deed

31

(1) This section applies where the Keeper accepts an application under section 21 other than an application to which section 30 applies.

(2) The Keeper must as soon as reasonably practicable after accepting the application—

(a) make such changes to the title sheet, or each of the title sheets, to which the application relates as are necessary to give effect to the deed,

(b) make such other changes (if any) to the title sheet record as are necessary or expedient,

(d) copy into the archive record—

(i) the deed being given effect to by registration, and

(ii) any other document which has been submitted to the Keeper and is relevant to the accuracy of the register.

(3) Subsection (2)(d)(ii) is subject to section 14(3).

(4) Changes under paragraphs (a) to (c) of subsection (2) may include—

(a) cancelling a title sheet and cadastral unit, or

(b) making up a new title sheet and creating a new cadastral unit.

References to certain entries in Register of Inhibitions

32

(1) Subsection (2) applies where—

(a) the Keeper accepts an application for registration under section 21, and

(b) the validity of the deed to which the application relates might be affected by an entry in the Register of Inhibitions.

(2) The Keeper must, as soon as reasonably practicable after accepting the application, enter a reference to the entry in the title sheet.

(3) Subsection (2) does not apply where the entry mentioned in subsection (1)(b) is—

(a) a notice of land attachment (within the meaning of section 83(1) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3)), or

(b) a notice of a signeted summons in an action of reduction of a deed granted in breach of inhibition.

General provision about applications

Recording in application record

33

(1) On receipt of an application for registration, the Keeper must—

(a) as soon as reasonably practicable, or

(b) if the application record is not open for the making of entries, as soon as reasonably practicable on the application record next opening for that purpose,

enter in the application record details of the application (including the date the entry under this subsection is made).

(2) No such entry need be made however if, on receipt of the application, it is immediately apparent to the Keeper that the application falls to be rejected.

(3) On an application being—

(a) withdrawn,

(b) accepted by the Keeper, or

the Keeper must remove the entry relating to it from the application record.

Withdrawal and amendments etc. of application

34

(1) While an application for registration is pending, the applicant—

(a) may withdraw it, but

(b) except with the consent of the Keeper, may not substitute it or amend it.

(2) Land register rules may specify circumstances in which consent under subsection (1)(b) must be given.

Period within which decision must be made

35

(1) The Keeper's decision as to whether to accept or reject an application for registration must be made within such period as may be prescribed in land register rules.

(2) Different periods may be so prescribed for different kinds of application.

(3) The Keeper must deal with an application without unreasonable delay.

Date of application and registration etc.

Date of application

36

Any reference in this Act, however expressed, to the date of an application for registration is a reference to the date an entry in respect of the application is made in the application record under subsection (1) of section 33 (or, but for subsection (2) of that section, would fall to be made).

Date and time of registration

37

(1) Where the Keeper accepts an application for registration, the date of registration is the date of the application.

(2) The time of registration is deemed to be the moment at which, following the application being received by the Keeper, the application record next closes.

(3) The Scottish Ministers may by order—

(a) amend subsection (2) so as to make different provision as regards time of registration, and

(b) make such other amendments to this Act as are consequential upon that amendment.

(4) Before making such an order, the Scottish Ministers must consult the Keeper.

Power to amend section 6 of the Land Registers (Scotland) Act 1868

38

If, under section 37(3)(a), the Scottish Ministers amend this Act, they may, in that order, correspondingly amend section 6 of the Land Registers (Scotland) Act 1868 (c.64) (which provides for registration in the General Register of Sasines) and make such other amendments to that Act as are consequential upon that amendment to that section.

Applications in relation to the same land

Order in which applications are to be dealt with

39

(1) The Keeper must deal with two or more applications for registration in relation to the same land in order of receipt.

(2) In the absence of evidence to the contrary, the order of receipt is to be taken to be the order in which the details of the applications were entered in the application record.

(3) Subsection (1) is subject to subsections (4) to (8).

(4) Subsection (5) applies where—

(a) two applications (“application A” and “application B”) are received on the same date in relation to the same land,

(b) to accept one of the applications would require the Keeper to reject the other,

(c) the deed to which application A purports to give effect is a deed in relation to which a protected period is running, and

(d) the deed to which application B purports to give effect either—

(i) is not such a deed, or

(ii) is such a deed but the protected period relating to the deed to which application A purports to give effect began before the protected period relating to the deed to which application B purports to give effect.

(5) The Keeper must deal with application A before application B.

(6) Subsection (8) applies where—

(a) two applications (“application C” and “application D”) are received on the same date in relation to the same land,

(b) the deed to which one of them (application C) purports to give effect is a deed in favour of a person (“X”), and

(7) Subsection (8) also applies where—

(a) two applications (“application C” and “application D”) are received on the same date in relation to the same land,

(b) one application (application C) is an application under section 27, and

(8) The Keeper must deal with application C before application D.

Notification

Notification of acceptance, rejection or withdrawal of application

40

(1) On an application for registration being accepted or rejected, the Keeper must notify—

(a) the applicant,

(b) the granter of the deed sought to be registered (if any),

(d) any other person the Keeper considers appropriate.

(2) On an application for registration being withdrawn, the Keeper must notify—

(a) the granter of the deed which had been sought to be registered (if any),

(b) if such notification as is mentioned in subsection (1)(c) was given, those to whom it was given, and

(3) The Keeper's duty to notify persons under subsections (1) and (2) only applies in so far as the Keeper considers it reasonably practicable to notify them.

(4) Notification is to be by such means as the Keeper considers appropriate.

(5) Land register rules may make further provision about notification under subsections (1) and (2).

(6) A failure to comply with subsections (1) and (2) or with any rules so made does not affect the competence or validity of the acceptance, rejection or withdrawal in question.

Notification to proprietor

41

(1) This section applies where—

(a) the Keeper accepts an application under section 21 by virtue of it meeting the conditions in section 25, or

(b) the Keeper registers a plot of land under section 29.

(2) The Keeper is to notify—

(a) the proprietor of the plot, and

(b) any other person the Keeper considers appropriate.

(3) The Keeper's duty to notify persons under subsection (2) only applies in so far as the Keeper considers it reasonably practicable to notify them.

(4) Notification is to be by such means as the Keeper considers appropriate.

(5) Land register rules may make further provision about notification under subsection (2).

(6) A failure to comply with subsection (2) or with any rules so made does not affect the competence or validity—

(a) of the acceptance of the application in question, or

(b) of the registration of the plot of land in question.

Notification to Scottish Ministers of certain applications

42

(1) This section applies where an application under section 21 is rejected on the ground that (or on grounds which include the ground that) the Keeper is not satisfied that the application does not relate to a transfer prohibited—

(a) by section 40(1) of the Land Reform (Scotland) Act 2003 (asp 2) (effect of registration of community interest in land), or

(b) under section 37(5)(e) of that Act (prohibition pending determination as to whether a community interest in land is to be registered).

(2) However, this section does not apply where the only reason for the Keeper not being satisfied as mentioned in subsection (1) is that the application is not accompanied by a declaration required under section 43(2) of that Act (incorporation of certain declarations into deed giving effect to transfer).

(3) The Keeper must—

(a) notify the Scottish Ministers, and

(b) provide them with a copy of the application.

Prescriptive claimants etc.

Prescriptive claimants

43

(1) For the purposes of sections 23(1)(b), and 26(1)(a), a disposition is to be treated as being valid despite not being so if the conditions mentioned in subsections (2) to (4) are met.

(2) It appears to the Keeper that the disposition is not valid (or, as regards part of the land to which the application relates, is not valid) for the reason only that the person who granted it had no title to do so.

(3) The applicant satisfies the Keeper that the land to which the application relates (or as the case may be the part in question) has been possessed openly, peaceably and without judicial interruption—

(a) by the disponer or the applicant for a continuous period of 1 year immediately preceding the date of application, or

(b) first by the disponer and then by the applicant for periods which together constitute such a period.

(4) The applicant satisfies the Keeper that the following person has been notified of the application—

(a) the proprietor,

(b) if there is no proprietor (or none can be identified), any person who appears to be able to take steps to complete title as proprietor, or

(5) For the purposes of section 26(1)(a), a deed is to be treated as being valid despite not being so if—

(a) the deed is granted by or is directed against a prescriptive claimant, and

(b) the application would be accepted were the prescriptive claimant's title valid.

(6) In subsection (5), a “prescriptive claimant” is—

(a) a person whose name is entered as proprietor in the proprietorship section of a title sheet, on an application being accepted by virtue of subsection (1),

(b) a person whose name is entered as holder of a right, in the appropriate section of a title sheet, the entry in relation to the right being one marked provisional under section 81(3)(a)(i),

(7) Land register rules may make further provision about notification under subsection (4).

(8) The Scottish Ministers may, by order, amend subsection (3) so as to substitute for the period for the time being mentioned there a different period.

(9) Before making such an order, the Scottish Ministers must consult the Keeper.

Provisional entries on title sheet

44

(1) Where the Keeper accepts an application under section 21 by virtue of section 43(1) or (5), the Keeper is to mark any resulting entry in the title sheet as provisional.

(2) The Keeper is to remove the provisional marking from an entry if and when the real right to which the entry relates becomes, under section 1 of the Prescription and Limitation (Scotland) Act 1973 (c.52) (validity of right), exempt from challenge.

(3) While an entry remains provisional—

(a) it does not affect any right held by any person in the land to which the entry relates, and

(b) rights set out in the register are not to be altered or deleted by virtue only of the entry.

Notification of prescriptive applications

45

(1) Before accepting an application under section 21 which is received by virtue of section 43(1), the Keeper must notify—

(a) the proprietor,

(b) if there is no proprietor (or none can be identified), any person who appears to the Keeper able to take steps to complete title as proprietor, or

(2) The Keeper's duty to notify persons under subsection (1) only applies in so far as the Keeper considers it reasonably practicable to notify them.

(3) Notification is to be by such means as the Keeper considers appropriate.

(4) A person to whom notice is given under subsection (1) may object in writing to the application being accepted.

(5) If the Keeper receives such an objection within 60 days of the notice, the Keeper must reject the application.

(6) Land register rules may make further provision about notification under subsection (1).

(7) The Scottish Ministers may, by order, amend subsection (5) so as to substitute for the number of days for the time being mentioned there a different number of days.

(8) Before making such an order, the Scottish Ministers must consult the Keeper.

Further provision

Applications relating to compulsory acquisition

46

In the application of sections 21, 23, 30 and 48 and schedule 1A to a case in which transfer of ownership is by virtue of compulsory acquisition, any reference in those sections or that schedule to a “disposition” includes a reference to—

(a) a conveyance the form of which is provided for by an enactment,

(b) a notarial instrument, or

Effect of death or dissolution

47

(1) The Keeper must reject an application if the applicant dies, or as the case may be is dissolved, before the date of the application.

(2) An application is not incompetent by reason only that the person who granted the deed sought to be registered dies, or as the case may be is dissolved, after the delivery of the deed.

Closure of Register of Sasines etc.

48

(1) The recording of any of the following in the Register of Sasines has no effect—

(a) a disposition,

(b) a lease,

(d) any other deed in so far as it relates to a registered plot of land or to a registered lease.

(2) The recording, on or after such day as is prescribed, of a standard security in the Register of Sasines has no effect.

(3) The recording, on or after such day as is prescribed, of a deed other than one mentioned in subsection (1) or (2) in the Register of Sasines has no effect.

(4) On and after the day prescribed under subsection (3), any deed the recording of which would, by virtue of that subsection, have no effect is (subject to the provisions of this Act) registrable in the Land Register.

(5) Where by virtue of this section the recording of a deed, disposition, lease, assignation or standard security in the Register of Sasines would have no effect, the Keeper is to reject any application to record it.

(6) Subsection (1)(a) is without prejudice to sections 4 (creation of real burden) and 75 (creation of positive servitude by writing: deed to be registered) of the Title Conditions (Scotland) Act 2003 (asp 9).

(7) Any day prescribed under subsection (2) or (3) is to be a day no earlier than the day subsection (3)(b) of section 27 is repealed by virtue of subsection (6) of that section.

(8) In subsections (2) and (3), “prescribed” means prescribed by the Scottish Ministers by order.

(9) An order under subsection (2) or (3) may make different provision for different areas.

(10) Before making an order under subsection (2) or (3), the Scottish Ministers must consult—

(a) the Keeper, and

(b) such other persons appearing to have an interest in the closure of the Register of Sasines to the recording of deeds as the Scottish Ministers consider appropriate.

Part 3 — Competence and effect of registration

Registrable deeds

49

(1) A deed is registrable only if and in so far as its registration is authorised (whether expressly or not) by—

(a) this Act,

(b) an enactment mentioned in subsection (3), or

(2) Registration of such a deed has the effect provided for (whether expressly or not) by—

(a) this Act,

(b) an enactment mentioned in subsection (3),

(d) any rule of law.

(3) The enactments referred to in subsections (1) and (2) are—

(a) the Registration of Leases (Scotland) Act 1857 (c.26),

(b) the Conveyancing (Scotland) Act 1924 (c.27),

(d) the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73).

(4) Registration of an invalid deed confers real effect only to the extent that an enactment so provides.

Specific provisions on competence and effect of registration

Transfer by disposition

50

(1) A disposition of land may be registered.

(2) Registration of a valid disposition transfers ownership.

(3) An unregistered disposition does not transfer ownership.

(4) Subsections (1) to (3) are subject to—

(a) sections 43 and 86, and

(b) any other enactment or rule of law by or under which ownership of land may pass.

(5) In subsection (1), “land” includes land held on udal title.

Proper liferents

51

(1) A deed creating a proper liferent over land may be—

(a) registered, or

(b) recorded in the Register of Sasines.

(2) The proper liferent is not created before the deed is so registered or recorded.

(3) Subsections (1) and (2) are subject to any other enactment or any rule of law by or under which a proper liferent over land may be created.

(4) References in this section to the recording of a deed include references to the recording of a notice of title deducing title through a deed.

Registration of, and of transactions and events affecting, leases

52

(1) The Registration of Leases (Scotland) Act 1857 (c.26) is amended as follows.

(2) After section 20 insert—

(20A) (1) A deed mentioned in subsection (2) which affects a lease registered in the Land Register of Scotland is registrable in that register. (2) The deed is one— (a) terminating the lease, (b) extending the duration of the lease, (c) otherwise altering the terms of the lease. (20B) (1) Registration in the Land Register of Scotland has the effect of— (a) vesting in the person registered as entitled to the lease a real right in and to the lease and in and to any right or pertinent, express or implied, forming part of the lease, subject only to the effect of any matter entered in that register so far as adverse to the entitlement, (b) making any registered right or obligation relating to the registered lease a real right or obligation, and (c) affecting any registered real right or obligation relating to the registered lease, in so far as the right or obligation is capable, under any enactment or rule of law, of being vested as a real right, of being made real or (as the case may be) of being affected as a real right. (2) Registration in the Land Register of Scotland is the only means— (a) whereby rights or obligations relating to a registered lease become real rights or obligations, or (b) of affecting such real rights or obligations. (3) Subject to Part 9 of the Land Registration etc. (Scotland) Act 2012 (asp 5) (rights to persons acquiring etc. in good faith), registration of an invalid deed confers no real effect.

(3) Schedule 2, which contains minor and consequential modifications of the 1857 Act in consequence on this Act, has effect.

Completion of title

53

(1) The Conveyancing (Scotland) Act 1924 (c.27) is amended as follows.

(2) In section 4 (completion of title)—

(a) for “by a title which has not been completed by being recorded in the appropriate Register of Sasines, may” substitute “ may, if the last recorded title to the right is recorded in the General Register of Sasines, ”,

(b) the title of the section becomes “ Completion of title: General Register of Sasines ”.

(3) After section 4 insert—

(4A) Any person having right either to land or to a heritable security may complete title by registration in the Land Register of a notice of title in or as nearly as may be in the terms of the form in schedule BA to this Act. (4B) (1) If it is competent to register a disposition or assignation in the Land Register, it is not competent for the disponee or assignee to complete title in the manner provided for in section 4 of this Act. (2) In this section and in section 4A of this Act, “Land Register” means the Land Register of Scotland.

(4) After section 49 insert—

(49A) (1) The Scottish Ministers may, by order, modify any schedule to this Act. (2) Such an order may, in particular, substitute for any form, notice, clause, warrant or other deed for the time being set out in such a schedule another such form, notice, clause, warrant or other deed. (3) An order under this section is subject to the affirmative procedure.

(5) After schedule B insert—

SCHEDULE BA

Registration of decree of reduction

54

After section 46 of the Conveyancing (Scotland) Act 1924 (c.27) insert—

(46A) (1) Where a deed mentioned in subsection (2) is reduced, the decree of reduction— (a) may be registered in the Land Register of Scotland, and (b) does not have real effect until so registered. (2) The deed is one which— (a) is voidable, and (b) relates to a plot of land or lease registered in the Land Register of Scotland. (3) Subsection (1) applies to an arbitral award which— (a) orders the reduction of a deed mentioned in subsection (2), and (b) may be enforced in accordance with section 12 of the Arbitration (Scotland) Act 2010 (asp 1), as it applies to a decree of reduction.

Registration of order for rectification of document etc.

55

(1) The Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73) is amended as follows.

(2) In section 8 (rectification of defectively expressed documents)—

(a) in subsection (3), after “made to it” insert “ and in either case after calling all parties who appear to it to have an interest ”,

(b) after that subsection insert—

(3A) If a document is registered in the Land Register of Scotland in favour of a person acting in good faith then, unless the person consents to rectification of the document, it is not competent to order its rectification under subsection (3) above.

(3) After section 8 insert—

(8A) An order for rectification made under section 8 of this Act in respect of a document which has been registered in the Land Register of Scotland— (a) may be registered in that register, and (b) does not have real effect until so registered.

(4) In section 9 (provisions supplementary to section 8: protection of other interest)—

(a) in subsection (2)—

(i) for “subsection (3)” substitute “ subsections (2A) and (3) ”,

(ii) repeal “or on the title sheet of an interest in land registered in the Land Register of Scotland being an interest to which the document relates”,

(b) after that subsection insert—

(2A) This section does not apply where the document to be rectified is a deed registered in the Land Register of Scotland.

(i) in paragraph (a), repeal “or (as the case may be) the title sheet”,

(ii) in paragraph (b), repeal “or on the title sheet”,

(d) subsection (6) is repealed.

Part 4 — Advance notices

Advance notices

56

(1) An advance notice is a notice—

(a) stating that a person intends to grant a deed to another person,

(b) stating the name and designation of both persons,

(d) where the intended deed relates to a registered lease or a registered plot of land—

(i) stating the title number of the title sheet to which the deed is to relate,

(ii) where the deed is to relate to a registered lease which does not have a lease title sheet, stating the particulars of the lease, and

(iii) where the deed is to relate to part only of the subjects of the lease, or to part only of the plot, describing the part so as to enable the Keeper to delineate on the cadastral map the boundaries of the part, and

(e) where the intended deed relates to an unregistered lease or unregistered plot of land, describing the lease or, as the case may be, plot.

(2) Subsection (1)(d)(iii) does not apply if—

(a) the part to which the deed relates is a flat in a flatted building, and

(b) either—

(i) the flatted building is, by virtue of section 16, represented as a single cadastral unit on the cadastral map, or

(ii) the Keeper has indicated that the flatted building is, by virtue of that section, to be so depicted.

(3) Despite subsection (2), subsection (1)(d)(iii) applies in so far as the part includes a pertinent outwith the flatted building, being a pertinent only of the part.

(4) The Scottish Ministers may by regulations make provision about the description to be contained in an advance notice by virtue of subsection (1)(e).

Application for advance notice

57

(1) A person falling within subsection (2) may apply to the Keeper for an advance notice in relation to a registrable deed which the person intends to grant.

(2) A person falls within this subsection if—

(a) the person may validly grant the intended deed, or

(b) the person has the consent of such a person to apply.

(3) The Keeper may accept an application under subsection (1) only if—

(a) such fee as is payable in respect of the application is paid, or

(b) arrangements satisfactory to the Keeper are made for payment of that fee.

(4) If the Keeper accepts an application under subsection (1), the Keeper must—

(a) where the intended deed relates to a registered plot of land—

(i) as soon as reasonably practicable or, if the application record is not open for the making of entries, as soon as reasonably practicable on the application record next opening for that purpose, enter an advance notice in the application record, and

(ii) where (and to the extent that) section 56(1)(d)(iii) applies in relation to the notice, delineate the boundaries of the part on the cadastral map,

(b) in any other case, record an advance notice in the Register of Sasines.

Period of effect of advance notice

58

(1) An advance notice has effect for the period of 35 days beginning with the day after the notice is entered in the application record or, as the case may be, recorded in the Register of Sasines.

(2) Subsection (1) is subject to section 63.

(3) The period during which an advance notice has effect is referred to in this Act as the “protected period”.

(4) Subsection (5) applies where two advance notices in relation to the same plot of land or lease are entered into the application record or recorded in the Register of Sasines on the same date.

(5) The protected period in relation to the advance notice which is first to be entered in the application record, or as the case may be recorded in the Register of Sasines, is deemed to begin before the protected period in relation to the other advance notice.

(6) The Scottish Ministers may, by order amend subsection (1) so as to substitute for the period for the time being mentioned there a different period.

(7) Before making such an order, the Scottish Ministers must consult the Keeper.

Effect of advance notice: registered deeds

59

(1) Subsections (2) and (3) apply in relation to any two deeds (“deed Y” and “deed Z”) relating to the same plot of land where—

(a) during a protected period relating to deed Y—

(i) an application is made for registration of deed Z, and

(ii) on or after the date of that application, an application is made for registration of deed Y, and

(b) deed Z either—

(i) is not a deed in relation to which a protected period is running, or

(ii) is such a deed, but the protected period relating to deed Y began before the protected period relating to deed Z.

(2) If deed Z is registered before the Keeper comes to make any decision as to whether or not to accept the application for registration of deed Y, that decision is to be taken as if deed Z had not been registered.

(3) If the decision mentioned in subsection (2) is to accept the application—

(a) deed Y has on registration the same effect as if deed Z had not been registered, and

(b) the Keeper must amend the register so that it gives effect (if any) to deed Z as if it were registered after deed Y.

Effect of advance notice: recorded deeds

60

(1) Subsections (2) and (3) apply in relation to any two deeds (“deed Y” and “deed Z”) relating to the same plot of land where, during a protected period relating to deed Y—

(a) deed Z is recorded in the Register of Sasines, and

(b) on or after the date of recording, an application is made for registration of deed Y.

(2) The decision as to whether or not to accept the application for registration of deed Y is to be taken as if deed Z had not been recorded.

(3) If the decision mentioned in subsection (2) is to accept the application—

(a) deed Y has on registration the same effect as if deed Z had not been recorded, and

(b) in making up the title sheet for the plot, the Keeper must give effect (if any) to deed Z as if it were not recorded but registered after deed Y.

Effect of advance notice: further provision

61

(1) A deed to which an advance notice relates, if registered on a date which falls within the protected period, is not subject to—

(a) an inhibition registered in the Register of Inhibitions against the granter and taking effect before that date but during that period, or

(b) anything registered or recorded in that register and taking effect, before that date but during that period, as if an inhibition registered against the granter.

(2) Sections 59 and 60 apply irrespective of whether a deed is voluntary or involuntary.

(3) Sections 59 and 60 do not apply in relation to—

(a) a notice registered, or intended or sought to be registered, under—

(i) section 10(2A) of the Title Conditions (Scotland) Act 2003 (asp 9), or

(ii) section 12(3) of the Tenements (Scotland) Act 2004 (asp 11), and

(b) such other deeds as the Scottish Ministers may by order specify.

(4) Before making an order under subsection (3)(b), the Scottish Ministers must consult the Keeper.

Removal of advance notice etc.

62

(1) After the protected period in relation to an advance notice has elapsed, the Keeper must, if the notice was entered in the application record—

(a) remove it from there, and

(b) if the notice has not already been entered in the archive record, enter it in that record.

(2) After such period in relation to an advance notice as may be prescribed in land register rules the Keeper must, if the intended deed has not been registered, remove from the cadastral map any delineation effected under section 57(4)(a)(ii).

Discharge of advance notice

63

(1) A person who applied for an advance notice may apply to the Keeper for the discharge of that notice.

(2) An application under subsection (1) may be made only during the protected period.

(3) The Keeper may accept an application under subsection (1) only if—

(a) the person to whom the intended deed would be granted consents, and

(b) either—

(i) such fee as is payable in respect of the application is paid, or

(ii) arrangements satisfactory to the Keeper are made for payment of that fee.

(4) If the Keeper accepts the application, the Keeper must—

(a) if the advance notice was entered in the application record––

(i) remove it from there, and

(ii) if the notice has not already been entered in the archive record, enter it in that record,

(b) if the advance notice was recorded in the Register of Sasines, record a notice of discharge in relation to the advance notice.

(5) On the advance notice being removed from the application record or, as the case may be, a notice of discharge being recorded, the advance notice ceases to have effect.

Application of Part to specific deeds

64

(1) The Scottish Ministers may by order modify the application of this Part in relation to any deed of a kind specified in the order.

(2) Before making such an order, the Scottish Ministers must consult the Keeper.

Part 5 — Inaccuracies in the register

Meaning of “inaccuracy”

65

(1) A title sheet is inaccurate in so far as it—

(a) misstates what the position is in law or in fact,

(b) omits anything required, by or under an enactment, to be included in it, or

(2) The cadastral map is inaccurate in so far as it—

(a) wrongly depicts or shows what the position is in law or in fact,

(b) omits anything required, by or under an enactment, to be depicted or shown on it, or

(c) depicts or shows anything the depiction or showing of which is not expressly or impliedly permitted by or under an enactment.

(3) The cadastral map is not inaccurate in so far as it does not depict something correctly by reason only of an inexactness in the base map which is within the published accuracy tolerances relevant to the scale of map involved.

(4) Neither a title sheet nor the cadastral map is inaccurate by reason only that a deed which gave rise to the acquisition, variation or discharge of a real right—

(a) was voidable and has been reduced, or

(b) has been rectified under section 8 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73) (rectification of defectively expressed documents).

(5) This section is subject to section 66(3).

Shifting boundaries

66

(1) This section applies where the proprietors of adjacent plots of land affected by alluvion agree that their common boundary (or part of it) is not to be so affected.

(2) Such an agreement may, on the joint application of both proprietors, be registered in the title sheets of both plots of land.

(3) Where such an agreement is registered, the cadastral map and the title sheets of the plots do not become inaccurate as a result of alluvion affecting the boundary (or part of it) occurring after registration.

Part 6 — Caveats

Warrant to place a caveat

67

(1) This section applies to civil proceedings—

(a) for the reduction of a registered deed on the ground that it is voidable,

(b) which could result in a judicial determination that the register is inaccurate, or

(c) for an order which, if granted, would be registrable under section 8A of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73) (registration of order for rectification).

(2) A party to the proceedings may, at any time while the proceedings are in dependence, apply to the court for warrant to place a caveat on the title sheet of a plot of land to which the proceedings relate.

(3) The court may, if satisfied as to the matters mentioned in subsection (4), make an order granting the warrant applied for.

(4) The matters are that—

(a) the applicant has a prima facie case on the merits of the proceedings,

(b) were warrant for placing the caveat not granted, there is a real and substantial risk that enforcement of any decree or order in the proceedings granted in favour of the applicant would be defeated or prejudiced by reason of the other party being likely to deal with the plot of land, and

(c) in all the circumstances, including the effect which granting the warrant may have on any person having an interest, it is reasonable to make the order granting it.

(5) The onus is on the applicant to satisfy the court that the order granting the warrant should be made.

Duration of caveat

68

(1) A caveat, warrant for which is granted under section 67(3), expires 12 months after it is placed on the title sheet unless renewed, recalled or discharged before the expiry of that period.

(2) Subsection (1) applies to a caveat renewed under section 69(2) as it applies to a caveat, warrant for which is granted under section 67(3).

(3) The Scottish Ministers may, by order, amend subsection (1) so as to substitute for the period for the time being mentioned in the subsection a different period.

(4) Before making such an order, the Scottish Ministers must consult the Keeper.

Renewal of caveat

69

(1) The applicant may apply to the court which granted the warrant to place the caveat for warrant to renew it.

(2) The court may, if satisfied as to the matters mentioned in subsection (3), make an order granting warrant to renew the caveat.

(3) The matters are that—

(a) the applicant has a prima facie case on the merits of the proceedings,

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Land Registration etc. (Scotland) Act 2012

Part 1 — The Land Register

The Land Register of Scotland

Warrant to place a caveat

1

Structure and contents of the register

The parts of the register

2

Title sheets and the title sheet record

Title sheets and the title sheet record

3

Title and lease title numbers

4

Structure of title sheets

5

The property section of the title sheet

6

The proprietorship section of the title sheet

7

The securities section of the title sheet

8

The burdens section of the title sheet

9

What is entered or incorporated by reference in a title sheet

10

The cadastral map

The cadastral map

11

Cadastral units

12

The cadastral map: further provision

13

The archive record

The archive record

14

The application record

The application record

15

Tenements etc.

Tenements and other flatted buildings

16

Shared plots

Shared plots

17

Shared plot and sharing plot title sheets

18

Conversion of shared plot title sheet to ordinary title sheet

19

Shared plot title sheets in relation to registered leases

20

Part 2 — Registration

Applications for registration

Application for registration of deed

21

General application conditions

22

Conditions of registration: transfer of unregistered plot

23

Circumstances in which section 25 applies

24

Conditions of registration: certain deeds relating to unregistered plots

25

Conditions of registration: deeds relating to registered plots

26

Registration without deed

Application for voluntary registration

27

Conditions of registration: voluntary registration

28

Keeper-induced registration

29

Completion of registration

Completion of registration of plot

30

Completion of registration of deed

31

References to certain entries in Register of Inhibitions

32

General provision about applications

Recording in application record