Land Registration (Scotland) Act 1979

4 Applications for registration.S

(1)Subject to subsection (2) below, an application for registration shall be accepted by the Keeper if it is accompanied by such documents and other evidence as he may require.

(2)An application for registration shall not be accepted by the Keeper if—

(a)it relates to land which is not sufficiently described to enable him to identify it by reference to the Ordnance Map;

[F1(aa)it relates in whole or in part to an interest in land which by, under or by virtue of any provision of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5) is an interest which has ceased to exist;]

(b)it relates to land which is a souvenir plot, that is a piece of land which, being of inconsiderable size or no practical utility, is unlikely to be wanted in isolation except for the sake of mere ownership or for sentimental reasons or commemorative purposes; or

(c)it is frivolous or vexatious;

(d)a deed which—

(i)accompanies the application;

(ii)relates to a registered interest in land; and

(iii)is executed after that interest has been registered,

does not bear a reference to the number of the title sheet of that interest.

[F2(e)payment of the fee payable in respect of such registration under section 25 of the Land Registers (Scotland) Act 1868 has not been tendered.]

(3)On receipt of an application for registration, the Keeper shall forthwith note the date of such receipt, and that date shall be deemed for the purposes of this Act to be the date of registration either—

(a)where the application, after examination by the Keeper, is accepted by him, or

(b)where the application is not accepted by him on the grounds that it does not comply with subsection (1) or (2)(a) or (d) above but, without being rejected by the Keeper or withdrawn by the applicant, is subsequently accepted by the Keeper on his being satisfied that it does so comply, or has been made so to comply.

[F3(4)Where an application is not accepted by the Keeper on the ground that he has not been provided with sufficient evidence to confirm that it does not relate to a transfer which is prohibited by section 40(1) of the Land Reform (Scotland) Act 2003 (asp 2), or by virtue of section 37(5)(e) of that Act, the Keeper shall, subject to subsection (5) below, provide the Scottish Ministers with a copy of the application and notify them of the reason for which the application has been rejected.

(5)Subsection (4) above does not apply where the application has been rejected by reason only of the application not being accompanied by a declaration required under section 43(2) of that Act of 2003.]

Textual Amendments

F1S. 4(2)(aa) inserted (9.6.2000) by 2000 asp 5, ss. 3(a), 77(1)(b) (with ss. 58, 62, 75)