PART 2 LAND TRANSFERS ETC. ON AND AFTER APPOINTED DAY
4 Ownership of land
1
Ownership of land shall pass—
a
in a case where a transfer is registrable under section 2 of the Land Registration (Scotland) Act 1979 (c.33), on registration in the Land Register of Scotland;
b
in any other case, on recording of a conveyance of the land in the Register of Sasines.
2
This section is without prejudice to any other enactment, or rule of law, by or under which ownership of land may pass.
3
In subsection (1) above—
a
“conveyance” includes—
i
conveyance by, or under, any enactment, rule of law or decree; and
ii
a notice of title deducing title through a conveyance; and
b
“registrable” and “registration” have the meanings respectively assigned to those expressions by section 1(3) of the Land Registration (Scotland) Act 1979 (c.33).
5 Form of application for recording deed in Register of Sasines
1
Any application for the recording of a deed in the Register of Sasines shall be made by, or on behalf of, the person in whose favour the deed is granted; and it shall not be necessary to endorse on any deed a warrant of registration.
2
The Scottish Ministers may, after consultation with the Lord President of the Court of Session, make rules—
a
prescribing the form to be used for the purposes of subsection (1) above; and
b
regulating the procedure relating to applications for recording.
6 Deduction of title for unregistered land etc.
In respect of any land—
a
a real right in which has never been registered in the Land Register of Scotland; and
b
title to which has never been constituted by the recording of a deed in the Register of Sasines,
title may be deduced from any person having ownership of the land.