Search Legislation

Land Registration etc. (Scotland) Act 2012

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 52

 Help about opening options

Alternative versions:

Status:

Point in time view as at 08/12/2014.

Changes to legislation:

Land Registration etc. (Scotland) Act 2012, Section 52 is up to date with all changes known to be in force on or before 25 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

52Registration of, and of transactions and events affecting, leasesS

This section has no associated Explanatory Notes

(1)The Registration of Leases (Scotland) Act 1857 (c.26) is amended as follows.

(2)After section 20 insert—

20ACertain transactions or events registrable in the Land Register of Scotland

(1)A deed mentioned in subsection (2) which affects a lease registered in the Land Register of Scotland is registrable in that register.

(2)The deed is one—

(a)terminating the lease,

(b)extending the duration of the lease,

(c)otherwise altering the terms of the lease.

20BEffect of registration in the Land Register of Scotland

(1)Registration in the Land Register of Scotland has the effect of—

(a)vesting in the person registered as entitled to the lease a real right in and to the lease and in and to any right or pertinent, express or implied, forming part of the lease, subject only to the effect of any matter entered in that register so far as adverse to the entitlement,

(b)making any registered right or obligation relating to the registered lease a real right or obligation, and

(c)affecting any registered real right or obligation relating to the registered lease,

in so far as the right or obligation is capable, under any enactment or rule of law, of being vested as a real right, of being made real or (as the case may be) of being affected as a real right.

(2)Registration in the Land Register of Scotland is the only means—

(a)whereby rights or obligations relating to a registered lease become real rights or obligations, or

(b)of affecting such real rights or obligations.

(3)Subject to Part 9 of the Land Registration etc. (Scotland) Act 2012 (asp 5) (rights to persons acquiring etc. in good faith), registration of an invalid deed confers no real effect..

(3)Schedule 2, which contains minor and consequential modifications of the 1857 Act in consequence on this Act, has effect.

Commencement Information

I1S. 52 in force at 8.12.2014 by S.S.I. 2014/127, art. 2

Back to top

Options/Help

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?