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Land Registration (Scotland) Act 1979

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This is the original version (as it was originally enacted).

8Continuing effectiveness of recording in Register of Sasines

(1)Subject to subsection (3) below, the only means of creating or affecting a real right or a real obligation relating to anything to which subsection (2) below applies shall be by recording a deed in the Register of Sasines.

(2)This subsection applies to—

(a)an interest in land which is to be transferred or otherwise affected by—

(i)an instrument which, having been recorded before the commencement of this Act in the Register of Sasines with an error or defect; or

(ii)a deed which, having been recorded before the commencement of this Act in the Register of Sasines with an error or defect in the recording, has not, before such commencement, been re-presented, corrected as necessary, for the purposes of recording of new under section 143 of the Titles to Land Consolidation (Scotland) Act 1868 ;

In this paragraph, " instrument" has the same meaning as in section 3 of the said Act of 1868.

(b)a registered interest in land which has been absorbed,

otherwise than by operation of prescription, into another interest in land the title to which is governed by a deed recorded in the Register of Sasines ;

(c)anything which is not registrable under subsections (1) to (4) of section 2 of this Act and in respect of which, immediately before the commencement of this Act, a real right or obligation could be created or affected by recording a deed in the Register of Sasines.

(3)Nothing in subsection (1) above shall prejudice any other means, other than by registration, of creating or affecting real rights or obligations under any enactment or rule of law.

(4)Except as provided in this section, the Keeper shall reject any deed submitted for recording in the Register of Sasines.

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