Set up in 1617 - is the register of heritable Property in Scotland
If a disposition is in your favour on the Sasines it is said to be recorded. On the Land Register is is said to be registered. This is because sasines is a record of dispositions. It is a mere record as it makes no difference to the validity of title.
Keeper of Register must check requiremnts are in place before recording a deed. i.e. if it has been properly excuted - signed and witnessed by 2 people prior to 1991 act now it is 1.
MacDonald v Keeper of Sasines 1914 - argument over if keeper had discreation over whether or not he recorded a deed. Held keeper did and he refused this deed in particular as it was a Will and not Disposition
Once dispostion is granted, solicitor will send it to Sasines, MUST be done within 3 weeks of excecution of disposition. When arrives at Sasines it is stamped and this is whn purchaser gains a real right. Requirements are all checked and then recorded if met.
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Problems with Sasines
Problems with system;
Identification - Difficult to see who owned what at times i.e. overlapping land
Conditions of Tenure - hard to see if all conditions such as servitudes
Heritable Securites
Proof of Ownership - just becasue name is in Sasines doesnt mean you are protected, still vulnerable for 10 years to be challanged
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Land Register (S) Act 1979
Modeleld on English System
Keeper has active role, onyl if he is satisfied then he will certify individual to become proprietor. Then rendered unchallangable if Keeper registeres you, even if the title was a vulnerable one
Properties are to move from Sasines to LR on a county v county basis. This is so Sasines can be shut down entirely.
Certificate of Title - keeper must ensure title is valid adn then grant certificate
Overriding Interest - interests to ill-defined i.e. servitudes, rights of way
Rectafication - if a loss is caused under the rectification then perosn can get indemnification from keeper
Effect of Registration - to give proprietor a real rights in property
Mechanics of Registration - presentation of formal deed, with correct exceution etc
Title Sheet - shows who owns property, what it is, description etc
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Rectification
s9 of the Land Registration (Scotland) Act 1979
Which states where there has been error or fraud or carelessness on part of the proprietor in possession or its something related to the Keeper which has declined indemnity.
Shorts Trs v The Keeper 1996 - case concerns gratuitous alienation - when someone goes bankrupt and trustee gets your assets, tries to sell them for creditors. Case demonstartes if a disposition is registered in your favour in Land Register you are immune from challenges.
Indemnity - s12 1979 Act - compensation will be paid by Keeper to someone who has suffered a loss on account of either rectification of the register or as a result of the Keeper refusing to rectify the register or by error made by the Keeper
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Personal Register
Known as the Register of Inhibitions and Adjudications - stores info about an individual i.e. if they have ever been bankrupt
Inhibitions (places ban on an individual from selling or disposing of property - formerly common law now dealt by Bankrupt and Diligence (S) Act 2007
Must ensure that there is no obstacle to the seller personally i.e. inhibitions
Karl Construction v Palisade Properties 2002 case - rules were put in place to stop bullying and protect HR because of this case.
Adjudications - gave possibility of inhibating creditor to take ownership over property - abolished by 2007 Act
This register is computerised, doesnt make it infalable
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