Explanatory Note
(This note is not part of the Rules)
These Rules consolidate the Land Registration (Scotland) Rules 1980 (“the 1980 Rules”) subject to amendment in order to enable the modernisation of practice and procedure particularly with regard to the use of electronic communications.
Part II of the Rules provides for the content of the title sheet and each section within that, namely the Property Section, Proprietorship Section, Charges Section and Burdens Section. Rule 5(j)(ii) is a new provision requiring the Keeper to enter a statement regarding occupancy rights that may exist by virtue of the Civil Partnership Act 2004.
Part III of the Rules provides for registration of interests in land and noting of overriding interests and the entry of additional information. Rule 10 and Schedule 2 are new provisions for registration using the electronic automated registration of title to land (ARTL) system being introduced by the Keeper.
Part IV of the Rules provides for the form of land certificates or charge certificates issued by the Keeper.
Part V of the Rules contains miscellaneous provisions including rule 24 revoking the 1980 Rules and amendments.
Rule 16 of the 1980 Rules provided for an application for a Land or Charge Certificate to correspond with the title sheet. Such applications are no longer considered necessary as the title sheet itself is the true measure of the rights and interests of a proprietor and authenticated copies of the title sheet can readily be obtained. Form 8 has therefore not been retained. The remaining forms have not been renumbered due to the familiarity of practitioners with the existing forms and their numbers. Similarly rules 17 (amendment or cancellation of Certificate of Title by Keeper), 18 (circumstances where Certificate of Title need not be produced to Keeper) and 19 (issue by Keeper of Substitute Certificate of Title) of the 1980 Rules have not been reproduced.