If you own a property or an area of land in Scotland, your ownership title is recorded on one of two public registers.
The older of these registers is the General Register of Sasines. Dating back to 1617, it is the world's oldest national register of land ownership, and records title deeds in a chronological list. The newer register, the Land Register of Scotland, was established in 1981 and uses digital technology, mapping exactly who owns what and where. Recognising the benefits of the modern land register, Scottish ministers have asked Registers of Scotland to complete the register by 2024, with all public land registered by 2019.
Why do we need to change?
With all land and property titles on the land register, property transactions will be easier, faster and cheaper. A completed land register will also make information about land ownership much more accessible, through a publicly-searchable online database.
Ownership trigger
Up until recently, land titles mainly moved from the sasine register to the land register in response to a 'trigger event' – most commonly, a property changing ownership. About 28% of Scotland's land mass, or 59% of titles, are currently on the land register. But the change of ownership trigger on its own is not enough to move all titles from the sasine register within ten years, as many properties are rarely or never sold.
Therefore, new ways of moving property onto the land register have had to be created. On 1 April this year, the sasine register closed to standard securities, meaning that remortgaging with a new lender now triggers a move to the land register.
Voluntary registration
Landowners in both the private and public sectors are also being encouraged to voluntarily register their land, and a new team of dedicated advisors has been set up at Registers of Scotland to help them navigate this process. This team has been travelling the country to meet with landowners, promoting the benefits of registration. Registers of Scotland has also made a new plans assistance service available to interpret the information on the sasine register and produce a plan that meets the criteria for registration.
Keeper-induced registration
In addition to the promotion of voluntary registration, the other major initiative to expand the coverage of the land register is 'keeper-induced registration' or KIR. This allows the Keeper of the Registers of Scotland to move titles to the land register without the owner having to make an application. Live pilots of KIR will start in selected residential property areas later in 2016.
The completed land register will be an essential component of ScotLIS, a new land and property information hub to open in 2017. With more transparent information, clearly defined boundaries and easier and cheaper transactions, it seems that a new era in Scottish land ownership may be on the horizon.
Registers of Scotland is happy to discuss its work to complete the land register. For more information, please visit www.ros.gov.uk/lrc or email LRCompletion@ros.gov.uk
Disclaimer
The material contained in this article is of the nature of general comment only and does not give advice on any particular matter. Recipients should not act on the basis of the information in this e-update without taking appropriate professional advice upon their own particular circumstances.
