Registers of Scotland previously set a target of 100% digital map-based land registration in Scotland by 2024. This has not yet been achieved, and as of July 2024, only 54.4% of land mass in Scotland is covered by the Land Register.
Prior to 1981, all land in Scotland was registered in the Sasine Register. This is a historical register that consists of multiple deeds, search sheets and plans spanning over hundreds of years, not all of which can be found in the same place. Constituting a Sasine title can often be a difficult process of piecing together historic deeds and making sense of largely handwritten plans.
In an effort to modernise the system, Registers of Scotland established a digital map-based system. This system allowed users to download Title Sheets and Title Plans which provided all relevant information regarding the land including ownership, charges and any restrictions on use. More recently, the Registers of Scotland have created a digital platform called Scotlis which allows users to access the map and see, virtually, the boundaries of land and ownership, similar to the Land Registry in England and Wales.
There are many reasons which explain why digital land registration in Scotland is still behind on targets. Many of the urban areas in Scotland are now registered. However, there are large estates (mainly forming the Highlands) which are each owned by a family, most of the time through a trust. As members of the family pass away, new trustees are appointed and no formal registration in respect of the land is required. Owing to the size of these estates, and the percentage in terms of land mass which they occupy, the figures are slightly skewed.
Scottish Registration Top Tips:
- Dispositions (deeds transferring ownership) and charges can only now be registered in the Land Register. This means that if you want to purchase property which is registered in the Sasine Register, it will trigger first registration onto the Land Register.
- Discharges of standard securities, improvement grants, guardianship orders and Notices of Title are the only deeds which can still be registered in the Sasine Register against property.
- In order for a deed to be registerable, it needs to be signed in accordance with the Requirements of Writing (Scotland) Act 1995. This means it needs to be wet signed, with a witness also signing, or alternatively electronically signed but only if a Qualified Electronic Signature is used.
- The only leases in Scotland which are Land Registered are those which are over twenty years.
- Any leases which are for a shorter period than twenty years are normally registered in the Books of Council and Session which preserves the document and makes it publicly available.
Our expert Real Estate team in Scotland is able to assist with any queries on the Scottish Land Register and provide advice on dealing with Scottish property.
