Explanatory Notes

Land Registration etc. (Scotland) Act 2012

2012 asp 5

10 July 2012

Commentary on Sections

Part 11: Miscellaneous and General

Deduction of title

Section 101: Deduction of title

230.This section is about uncompleted titles. It continues the rule that clauses of deduction of title are not necessary for deeds relating to property in the Land Register. It extends the current practice to provide that, where a disposition inducing first registration is granted by an unrecorded holder (also known as an uninfeft proprietor), such a clause is no longer required. However, deeds recorded in the General Register of Sasines will still need such clauses (where appropriate). Links in title will still require to be exhibited in order to establish that the deed has been validly granted notwithstanding the fact that no deduction of title clause is required.