Part 3 SCompetence and effect of registration

Specific provisions on competence and effect of registration S

53 Completion of title S

(1) The Conveyancing (Scotland) Act 1924 (c.27) is amended as follows.

(2) In section 4 (completion of title)—

(a) for “by a title which has not been completed by being recorded in the appropriate Register of Sasines, may” substitute “ may, if the last recorded title to the right is recorded in the General Register of Sasines, ”,

(b) the title of the section becomes “ Completion of title: General Register of Sasines ”.

(3) After section 4 insert—

“4A Completion of title: Land Register

Any person having right either to land or to a heritable security may complete title by registration in the Land Register of a notice of title in or as nearly as may be in the terms of the form in schedule BA to this Act.

4B Further provision as regards completion of title

(1) If it is competent to register a disposition or assignation in the Land Register, it is not competent for the disponee or assignee to complete title in the manner provided for in section 4 of this Act.

(2) In this section and in section 4A of this Act, “Land Register” means the Land Register of Scotland.”.

(4) After section 49 insert—

“49A Power of the Scottish Ministers to prescribe forms

(1) The Scottish Ministers may, by order, modify any schedule to this Act.

(2) Such an order may, in particular, substitute for any form, notice, clause, warrant or other deed for the time being set out in such a schedule another such form, notice, clause, warrant or other deed.

(3) An order under this section is subject to the affirmative procedure.”.

(5) After schedule B insert—

“SCHEDULE BA SForm of notice of title: Land Register

”.

Commencement Information

I1 S. 53(4) in force at 1.11.2012 by S.S.I. 2012/265, art. 2