The Land Registration etc. (Scotland) Act 2012 (Incidental, Consequential and Transitional) Order 2014

Land Registration Act – transitional provisions

6.  In schedule 4 (transitional provisions) of the Land Registration Act, after paragraph 11 insert—

“Common areas: Sasine arrangements

11A.   For the period beginning with the designated day and ending with the day before the date prescribed by an order under section 48(3)—

(a) section 7(1)(b) applies only to shares of proprietors whose right is registered,

(b) in the case of ownership in common, section 8(1) applies only to heritable securities granted by a proprietor whose right is registered,

(c) section 17(3)(b) applies to such of the plots of land mentioned in section 17(1)(a) as are registered,

(d) section 27(2) applies also to a person whose right in the plot is registered only as proprietor of a share in the plot, and

(e) section 48(1)(d) applies as if a registered plot of land means a registered share of a plot of land owned in common.

Assignation of registered leases: Sasine arrangements

11B.   For the period beginning with the designated day and ending with the day before the date prescribed by an order under section 48(3), for an application under section 21(1) to register an assignation of a registered lease where the subjects of the lease consist of or form part of an unregistered plot of land, the conditions in section 26 apply with the effect that—

(a) in subsection (1)(b), “plot of land” is to be read as “lease”,

(b) in subsection (1)(c), “title sheet” is to be read as “lease title sheet”,

(c) subsections (1)(d), (3), (4) and (5) do not apply, and

(d) in subsection (2), “plot” in both places it occurs is to be read as “lease”.”.