Updating a land register title

Guidance on updating the land register title for trusts and unincorporated bodies.

If the land registered title does not show current trustees (or office bearers) of a trust or an unincorporated body as the proprietor/tenant of land we would strongly encourage the trustees (or office bearers) to update the land register title.

Updating the land register title will mean that an entry to the Register of Persons Holding a Controlled Interest in Land (RCI) will not be required, provided that:

• in the case of trusts, there is no other person who has significant influence or control over the proprietor/tenant or trust
• in the case of unincorporated bodies, there is no other person who has responsibility for the general control and management of the administration of the body

The land register title will have been updated to show the current trustees (or office bearers) and will be transparent.

The appropriate course of action for updating the land register title will depend on whether trustees are being (one of the following):

• removed because of death or resignation
• added because of their ex officio role on appointment to that office
• added because they have been assumed as new trustees.

Updating the land register

Updating the land register will involve rectification or registration.

Rectification

Rectification of the land register title will be possible when:

• removing trustees who have died or resigned
• adding new trustees who are ex officio, following their appointment to that office

Guidance on how to make and submit a request for rectification of the land registered title can be found in the inaccuracy and rectification article.

Rectification is not possible for land that is held in the sasine registers.

Registration

Registration of a deed, most likely a notice of title, in the land register will be required to add new trustees (except for ex officio trustees).

Where some trustees resign and new trustees are assumed, a combination of rectification (to remove outgoing trustees from the title) and registration  (for the new trustees) would be required.

Examples of updating the land register

Example where it is appropriate for trustees of a trust to update the land register title

The following illustrates an example of a trust where the trustees named on the title sheet of a property have changed. It is appropriate for the new trustees to update the land register title by applying for rectification.

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1. Ali and Jo are the ex officio trustees of the Bloomfield trust. They are named as owners on the land register. However, Ali and Jo have now both left their roles as trustees.
2. Phil and Jay are the new ex officio trustees of the Bloomfield trust.
3. As new trustees, Phil and Jay apply for rectification of the land register title. Rectification is appropriate when new ex officio trustees are appointed.
4. The land register title is updated to show the new trustees as proprietors. Therefore an entry in RCI is not required provided there are no persons with significant influence or control over Phil and Jay(or the trust) who are not a trustee.

Example where it is appropriate for the office bearers of an unincorporated body to update the land register title

The following illustrates an unincorporated body where the office bearers named on the title sheet of a property have changed. It is appropriate for the new office bearers to update the land register title by applying for rectification.

(Click to enlarge)

1. The Durness Village Hall Association is an unincorporated body. Robert, Mary and Michael are the office bearers, Robert is the president, Mary is the secretary and Michael is the treasurer. Each are named as owners on the land register. The office bearers hold their positions on an ex officio basis.
2. Following a recent AGM Robert, Mary and Michael have been replaced in their roles.  Ben is the new president, Agnes is the new secretary and Nicole is the new treasurer.
3. As new ex officio office bearers, Ben, Agnes and Nicole are able to apply for rectification of the land register title.
4. The land register title is updated to show the new office bearers as proprietors. Therefore an entry in RCI is not required, provided no one other than Ben, Agnes and Nicole has responsibility for the general control and management of the administration of the Durness Village Hall Association.