Land Registration (Scotland) Act 1979

6 The title sheet. S

(1) Subject to subsection (3) below, the Keeper shall make up and maintain a title sheet of an interest in land in the register by entering therein—

(a) a description of the land which shall consist of or include a description of it based on the Ordnance Map, and, where the interest is that of the proprietor of thedominium utileor the lessee under a long lease and the land appears to the Keeper to extend to 2 hectares or more, its area as calculated by the Keeper;

(b) the name and designation of the person entitled to the interest in the land and the nature of that interest;

(c) any subsisting entry in the Register of Inhibitions and Adjudications adverse to the interest;

(d) any heritable security over the interest;

(e) any enforceable real right pertaining to the interest or subsisting real burden or condition affecting the interest;

(f) any exclusion of indemnity under section 12(2) of this Act in respect of the interest;

(g) such other information as the Keeper thinks fit to enter in the register.

(2) The Keeper shall enter a real right or real burden or condition in the title sheet by entering its terms or a summary of its terms therein; and such a summary shall, unless it contains a reference to a further entry in the title sheet wherein the terms of the real right, burden or condition are set out in full be presumed to be a correct statement of the terms of the right, burden or condition.

(3) The Keeper’s duty under subsection (1) above shall not extend to entering in the title sheet any over-feuduty or over-rent exigible in respect of the interest in land, but he may so enter any such over-feuduty or over-rent.

(4) Any overriding interest which appears to the Keeper to affect an interest in land—

(a) shall be noted by him in the title sheet of that interest if it has been disclosed in any document accompanying an application for registration in respect of that interest;

(b) may be so noted if—

(i) application is made to him to do so;

(ii) the overriding interest is disclosed in any application for registration; or

(iii) the overriding interest otherwise comes to his notice.

In this subsection “overriding interest” does not include the interest of [F1 (i)] a lessee under a lease which is not a long lease [F2 and

(ii) a non-entitled spouse within the meaning of section 6 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981.]

(5) The Keeper shall issue, to any person applying, a copy, authenticated as the Keeper thinks fit, of any title sheet, part thereof, or of any document referred to in a title sheet; and such copy, which shall be known as an office copy, shall be accepted for all purposes as sufficient evidence of the contents of the original.

Textual Amendments

F1 (i) inserted by Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c. 59, SIF 49:6), s. 6(4)(a)(i)

F2 Words inserted by Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c. 59, SIF 49:6), s. 6(4)(a)(ii)