TO REGISTER or NOT TO REGISTER……….that is the question? 

It is fair to say that the buzz words amongst Property Solicitors, Landowners and the Keeper of the Land Register of Scotland at present are undoubtedly “voluntary registration”. The Scottish Government have infused the political minds of the nation with the question of “who owns Scotland” and has set upon the Keeper of the Land Register of Scotland with a political drive to ‘map’ Scotland by 2024. Currently in Scotland there are two co-existing systems: the Sasine record, which keeps a record of deeds of land ownership, primarily being a hybrid system of being both description based and plans based, and the Land Register which is a map based system and operates under a government backed warranty system giving owners some security and clarity of title.

The Scottish Government want all property to be registered in the Land Register by 2024, and to try and meet this target the Registers of Scotland have introduced new trigger events whereby owners are forced to register title in the Land Register. For example, a transfer of title on death or the granting of a new Standard Security, which previously would not have meant first registration was necessary. Coupled with new ‘trigger’ transactions, there is also the introduction of a voluntary registration scheme in which the Registers of Scotland are encouraging Landowners to register their title and giving them a 25% discount on the registration fees to do this. There can be certain benefits to bringing your Sasine title onto the Land Register as it does give the Landowners the control of the registration process meaning owners can use their knowledge of the property to make sure their title and boundaries are registered and plotted on the Land Register Mapping system, (the Cadastral Map) accurately. This is particularly relevant in rural areas as more properties are not yet on the Land Register compared with areas which are more heavily populated e.g. Edinburgh and Glasgow.

Williamson and Henry have a number of Solicitors who deal with property matters including voluntary registration and can discuss this with you and go over any questions or queries you may have. Please feel free to get in touch on 01557 330692 to discuss voluntary registration of your property. One of our solicitors would be happy to assist.

Williamson & Henry is a trading name of Williamson & Henry LLP, which is a Limited Liability Partnership, Registered in Scotland with Partnership Number SO303783.
Registered Office: 13 St Mary Street, Kirkcudbright, DG6 4AA

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