Transitional provisions

This guidance covers the provisions governing the change from the Land Registration (Scotland) Act 1979 Act to the Land Registration etc (Scotland) Act 2012.

The 2012 Act came into force on December 8, 2014, known as the designated day.

Background

In replacing the system of land registration governed by the Land Registration (Scotland) Act 1979 (the 1979 Act), the Land Registration etc. (Scotland) Act 2012 (the Act) also contains provisions to govern the change.

These provisions are mainly to be found in schedule 4 to the Act, although additional provisions are set out in the Land Registration etc. (Scotland) Act 2012 (Incidental, Consequential and Transitional) Order 2014 (the Transitional Order) and the Land Registration etc. (Scotland) Act 2012 (Amendment and Transitional) Order 2014 (the Amendment Order).

Title sheets already existing at designated day – conceptual changes

On the designated day existing title sheets automatically became part of the title sheet record (one of the four constituent parts of the 2012 Act land register). Such a title sheet could be amended by the Keeper to conform to the requirements of the Act on the designated day, or at such a later date that the keeper considers appropriate.

The transitional provisions provide that existing title sheets that represent an ownership interest i.e. where the “interest” field narrates that the registered interest is proprietor, will become a title sheet for a plot of land. This reflects the change in the land register from a register of interests in land to a register of plots of land.  So the Keeper must on, or as soon as reasonably practical after, the designated day create a cadastral unit for the plot. Where an existing title sheet was in respect of a tenancy interest these title sheets become lease title sheets.

Title sheets already existing at designated day – further changes

  • From the designated day the “Charges” section of the title sheet was re-named the “Securities” section,
  • When an application to register a deed is accepted the Keeper will rename the “interest” field  “real right”, and
  • the “land certificate updated to” field and the “map title reference” field will be removed.

Other changes to existing title sheets to make them conform to the Act will take place as part of a structured programme.

Cadastral units

The transitional provisions require that the Keeper must, as soon as reasonably practical after designated day, create cadastral units for existing title sheets. The Keeper will have to consider how the creation of the cadastral unit will affect the title sheet for the property. Therefore this again will be carried out as a planned programme. Meanwhile, existing title sheets will continue to refer to title plans until the cadastral unit has been created.

Where an application to register a deed will require the delineation of a right or encumbrance on the cadastral map the Keeper will create cadastral unit(s) for the existing title sheets affected by the deed. The reference to title plans in existing title sheets will not be updated to refer to a cadastral unit after the registration of a deed affecting the whole of a registered title.

Common areas – keeper’s duties

The Act prescribes that where an area of land that is being registered for the first time is owned in common, a separate cadastral unit and title sheet must be created for that area. The title sheet should disclose the name and designation of the all the proprietors that have a share in the common area. The Scottish Ministers and Registers of Scotland recognised that it would be onerous for applicants to provide the details for all the existing proprietors with titles in the Register of Sasines that have a share in the common area.

The Transitional Order therefore provides that where an application is submitted to register a share in an unregistered area of ground owned in common, the title sheet only has to narrate the shares that have been registered in the Land Register. Where a share in the common area is held by a person with a title recorded in the Register of Sasines, this share does not have to be disclosed on the title sheet.

Common areas – applicant’s duties

Where, after designated day, an application is made to register a share in an unregistered area of ground, it only has to include details of the share pertaining to the applicant. The application to register the common area will have to include a plan (or description) that identifies the boundaries of the area owned and the quantum of the share pertaining to the applicant.

Where an application is made to register the second or subsequent shares in such an area of ground owned in common the application has to include the quantum of the share pertaining to the applicant. The application must also identify the common area. The title number of the common area need not be included in the deed where a suitable plan or description are provided that identify the boundaries of the common area. The title number of the common area should be included in the Common Areas section of Part B of the application form and must not be added to Part A as this will result in the incorrect fee being calculated.

Deeds in relation to registered leases

Where a lease has been registered in the land register prior to the designated day, and has been allocated a title sheet, this will under the transitional provisions become a lease title sheet. The Transitional Order and the Amendment Order provide that deeds that relate to such a title sheet can be registered in the land register, notwithstanding that the lease is over an unregistered plot of land. Applications to register such deeds will be subject to the conditions of registration set out in section 26 of the Act. These title sheets will not refer to a cadastral unit and there is no requirement for the landlord’s plot to be registered.

Schedule 4 – further provisions

Further guidance on the transitional provisions can be found in the following general guidance: