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The law governing the Land Register of Scotland is substantially recast by the Land Registration etc (Scotland) Act 2012, which came fully into force on 8 December 2014. In addition, the 2012 Act provides for the phasing out of the Register of Sasines, a register of deeds which has been in continuous use for the last 400 years. The Scottish Government's target is for all titles to have migrated from the Register of Sasines to the Land Register by 2024. These momentous changes are the subjects of the present book. After introductory chapters tracing the history of land registration in Scotland from its beginnings in the sixteenth century until modern times, Professors Reid and Gretton provide a detailed and authoritative guide to the new law as set out in the 2012 Act and in the numerous statutory instruments made under that Act. Among the topics covered are: - the structure and contents of the Land Register - plans and the cadastral map - applications for registration - the completion of the Land Register by 2024 - advance notices - inaccuracies and their rectification - realignment of rights - the Keeper's warranty - liabilities of those using the land registration system - examination of registered titles - positive prescription anda non dominodispositions Kenneth Reid is Professor of Scots Law in the University of Edinburgh and George Gretton is Lord President Reid Professor of Law Emeritus in the University of Edinburgh.
List of contents
Preface
Glossary
Table of Statutes
Table of Order, rules and regulations
Table of Cases
Abbreviations
1 Historical Introduction
2 The 1979 Act and its Reform
3 The Land Register and the Keeper
4 The Land Register: Structure and Contents
5 Plans and the Cadastral Map
6 Registrable Deeds
7 Completing the Land Register
8 Applications for Registration
9 Acceptance, Rejection, Registration
10 Advance Notices
11 Inaccuracies and their Rectification
12 The Guarantee of Title (1): Realignment of Rights
13 The Guarantee of Title (2): The Keeper's Warranty
14 Liabilities of the Keeper
15 Liabilities of those using the Land Registration System
16 Examination of Title
17 Positive Prescription and a non domino Dispositions
18 Caveats
19 Electronic Conveyancing
20 Leases
Appendix I: Land Registration etc (Scotland) Act 2012
Appendix II: Land Register Rules etc (Scotland) Regulations 2014
Index
About the author
Kenneth Reid is Professor of Scots Law at the University of Edinburgh. Professor Reid is a Fellow of the Royal Society of Edinburgh (2000), a Fellow of the British Academy (2008), and a Commander of the Order of the British Empire (2005). George Gretton is Emeritus Lord President Reid Professor of Law at University of Edinburgh. From 2006 to 2011 he was a Commissioner at the Scottish Law Commission. He retired in 2016 but remains research-active.
Summary
The book sets the scene by tracing the history of land registration in Scotland from its beginnings in the 16th century until modern times. The bulk of the text provides a detailed guide to help you navigate the new law as set out in the 2012 Act and in the numerous statutory instruments made under that Act.