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Land Registration etc. (Scotland) Act 2012

Overview of the Act

6.The Act as a whole continues and improves the system for land registration in Scotland. It replaces much of the Land Registration (Scotland) Act 1979.

7.Part 1 of the Act provides the new structure of the Land Register of Scotland.

8.Part 2 of the Act provides for the process of registration in the Land Register, including the processes for the additional “triggers” for first registration of titles. A “first registration” is the processing of an application relating to land that is not on the Land Register, the completion of which results in a land registered title. These additional triggers will facilitate the eventual completion of the Land Register.

9.Part 3 of the Act provides for which documents may be registered in the Land Register and makes provision about the competence and effect of registration.

10.Part 4 of the Act makes provision for advance notices.

11.Part 5 of the Act makes provision about inaccuracy in the Land Register. This is closely linked to Part 8 below.

12.Part 6 of the Act makes provision about caveats in the Land Register.

13.Part 7 of the Act makes provision for state guarantee of title under the Keeper’s warranty.

14.Part 8 of the Act is closely linked to Part 5 on inaccuracy of the Register. It provides for when and how the Land Register is to be rectified to correct inaccuracy.

15.Part 9 of the Act makes provision about rights of persons acquiring subjects in good faith in certain circumstances.

16.Part 10 of the Act makes provision about electronic documents (including electronic conveyancing) and electronic registration.

17.Part 11 of the Act makes general and miscellaneous provision, including a power of Scottish Ministers to set fees for processing applications and a power to make the Land Register rules.

18.Schedule 1 to the Act relates to registered leases tenanted in common.

19.Schedule 2 to the Act contains amendments to the Registration of Leases (Scotland) Act 1857.

20.Schedule 3 to the Act contains consequential amendments to changes to the Requirements of Writing (Scotland) Act 1995 (the 1995 Act) in Part 10.

21.Schedule 4 to the Act contains saving and transitional provisions.

22.Schedule 5 to the Act contains minor and consequential modifications.

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Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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