Registers of Scotland (the holders of both the Sasine Register and the Land Register) has embarked on a campaign promoting Voluntary Registration which is particularly aimed at owners of rural landholdings.
While your ownership will not be lost if it is not registered in the Land Register by 2024 and thereis no obligation to voluntarily register your title, there are significant benefits to having a title which is registered in the Land Register including:
- The title boundaries being plotted on the OS map.
- Accuracy and certainty as to the extent of ownership.
- All title conditions and securities being set out in one place.
- A state backed title guarantee (subject to a limited number of exceptions).
- Being first on to the Land Register may make a title less susceptible to challenge.
- Easier property management on the basis that a Land Register title is intended to be more straightforward to analyse than a Sasine title.
- Reducing costs and delays of future transactions.
The benefits of registering your title by Voluntary Registration include:
- Being able to attend to registration at a time and a pace which is convenient to you rather than when under pressure from a transactional trigger.
- Being able to input into the registration process by providing knowledge regarding the occupational extent of and the rights affecting and benefitting your property, resulting in a registered title which is more accurate.
- Simplifying an estate title and avoiding piecemeal registration.
It is likely that most owners with properties not already registered in the Land Register will find themselves involved in a transaction which will trigger compulsory registration in the Land Register at some point before the 2024 target completion date. In our view it will be preferable to make an application for Voluntary Registration now, rather than on the basis of a transactional trigger (or indeed Voluntary Registration) at a later date when we anticipate that Registers of Scotland’s resources are likely to be stretched.