FIRST COMMENT
The Future There have been major changes in Scots property and registration law and practice in recent years. That process of change started with the abolition of feudal tenure and the codification of the law of real burdens and the law of the tenement which came into force on 28 November 2004 and the latest legislative change was the enactment of the Land Registration etc. (Scotland) Act 2012. The 2012 Act marked a sea change in policy with regard to registration of title and the Keeper and her staff are currently working on completing the Land Register by 2024. This will see the titles of all properties in Scotland being on the Land Register rather than being held between the Land Register and the Sasine Register. Once completed, there will be a cadastral map of Scotland which will be capable of being fully interrogated. That and the introduction of a Scottish Land Information System (‘ScotLIS’) and other digital changes will bring Scotland once again to the fore in terms of modern registration practice.
KIR is a new legal concept introduced to Scotland under section 29 of the 2012 Act. The Keeper now has the power to register property that is not yet on the Land Register. The goal is the ultimate closure of the Sasine Register. Current government policy is to accelerate the process of registering land in the Land Register, in order to increase transparency of land ownership in Scotland. That, in turn, should help ‘demystify’ the conveyancing process somewhat in the eyes of the consumer and that has to be a good thing. What will the future hold for the Land Register, ScotLIS and the practice of conveyancing generally? Who knows. All that can be said is that the future is in our own hands and, once again, Scotland is at the leading edge of transformational change. In the meantime, “Happy Birthday Register of Sasines!”
In May 2014, when the Keeper was invited by Scottish Ministers to complete the Land Register of Scotland in 10 years, she knew that she would have a challenge on her hands. Good progress is being made however with a discounted fee initiative in operation to encourage voluntary registration of title and a programme of Keeper Induced Registration (‘KIR’) in what are called Research Areas – being areas in which the Keeper’s staff have undertaken various checks on titles over the years.
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