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Land Registration etc. (Scotland) Act 2012

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    Commentary on Sections

    Part 1: the Land Register

    The archive record

    Section 14: The archive record

    63.This section provides for the archive record to be the repository of documents supporting the accuracy of the Land Register.

    64.Under subsection (3), the archive record need not include copies of legislation (which is otherwise publicly available), documents contained in other registers that are controlled by the Keeper of the Registers of Scotland, or documents stored by the Keeper of the Records of Scotland.

    65.Subsection (4) ensures that although the archive record becomes a constituent part of the register, parties relying on the title sheet record are not considered to have constructive knowledge of its content. This preserves the so-called "curtain principle" of not having to look behind the face of the register.

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