The Land Registration (Scotland) Amendment Rules 2004

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Land Registration (Scotland) Rules 1980 (“the principal rules”) in consequence of the abolition of the feudal system and changes made to section 6 of the Land Registration (Scotland) Act 1979 (c33) by section 112 of and paragraph 7 of Schedule 14 to the Title Conditions (Scotland) Act 2003 (asp 9) (“the 2003 Act”).

Rule 4 amends rule 4 of the principal rules to provide that where a subsisting right to a title condition pertains to the interest in land by virtue of sections 18, 19 or 20 of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5) or by virtue of sections 4(5), 50 , 75 or 80 of the 2003 Act, the Keeper shall enter particulars of the subsisting right and identify the burdened property in the Property Section of the title sheet for that interest. Particulars may be entered by entering the terms of the title condition, or a summary thereof, in the Property Section of the title sheet for a property or by making a reference to an entry in the Burdens Section of the same title sheet which sets out the terms of the title condition.

Rule 5 amends rule 7 of the principal rules to provide that where an interest in land is affected by a subsisting real burden or condition by virtue of sections 18, 18A, 18B, 18C, 19, 20, 27 or 27A of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5) or by virtue of sections 4(5), 38, 43, 44, 45, 46, 50 , 75 or 80 of the 2003 Act, the Keeper shall enter particulars of the subsisting right and identify the benefited property, or where the burden is a personal real burden the holder of the burden, in the Burdens Section of the title sheet for that interest.

Rule 6 amends rule 9 to permit an application for dual registration to be made by a person who has right to the land which is to become either the burdened property or the benefited property. A definition of an application for dual registration is inserted into the principal rules by rule 3.

Rule 7 substitutes new Forms 1, 2, 3 and 6 for the current Forms.