Benefits of Voluntary Registration of Title in the Land Register of Scotland

The Land Register of Scotland is a digital, map-based public register of land and property ownership. The information held is secure, reliable, and accessible. The majority of titles on this register are protected by a state-backed guarantee. In May 2014, Scottish ministers invited the Keeper of the Registers of Scotland to complete the land register by 2024. All public land is to be registered within five years, by 2019.

A completed land register will make property transactions easier, faster and cheaper. It will be a national asset for Scotland, supporting the Scottish government’s strategic objective of making Scotland a wealthier and fairer society. Anyone will be able to find out who owns what through an easy to use online search system.

Section 27 of the Land Registration etc. (Scotland) Act 2012 makes provision for ‘registration without a deed’. This is what we mean by voluntary registration: no new deed is required to complete a title in the land register. Voluntary registration allows the owner of an unregistered plot of land to apply for registration of that plot at any time. Such an application must meet the general application conditions in section 22 and the conditions specific to voluntary registration in section 28. A voluntary registration is much the same as a first registration, although the title is not being transferred to a new proprietor and there is no new deed to be registered. The application form is designed to help the applicant satisfy the keeper that the registration conditions are met. Where no title problems are discovered, the applicant in a voluntary registration will benefit from the keeper’s warranty under section 73.

A 25 per cent discount for voluntary registration application fees has been guaranteed until mid 2019. Applicants should be aware that the reduced fee applies only to voluntary registration applications, and that the voluntary registration application type must be selected on the application form in order to benefit from the reduction.

Agricultural land owners are referred to an article which can be found here.

[note: wording sourced from Registers of Scotland}