The Scottish Government will bring forward legislation to reform the law of Land Registration in Scotland, implementing a report by the Scottish Law Commission.
The current land registration system in Scotland derives from the Land Registration (Scotland) Act 1979. It is widely acknowledged that the law on land registration in Scotland is in need of reform to ensure the eventual completion of the Land Register and to improve the state guarantee of land titles. The Scottish Law Commission report makes numerous recommendations to improve the land registration system in Scotland.
Key proposals of the Bill will include:
- Providing for the continuation and improvement of the land registration system in Scotland
- Providing for the eventual completion of the Land Register
- Providing for the realignment of registration law with property law
- Introducing a system of "advance notices" for conveyancing transactions
- Amending the law to allow for electronic conveyancing
The proposals will accelerate the process of land registration and so increase the number of property titles backed by state guarantee under the Land Register. The proposals will improve the operation of the state guarantee of land titles by adjusting the circumstances in which a person can recover their property rather than get compensation from the Keeper of the Registers.