Register of Sasines
- Set up in 1617 - is the register of heritable Property in Scotland
- If a disposition is in your favour on the Sasines it is said to be recorded. On the Land Register is is said to be registered. This is because sasines is a record of dispositions. It is a mere record as it makes no difference to the validity of title.
- Keeper of Register must check requiremnts are in place before recording a deed. i.e. if it has been properly excuted - signed and witnessed by 2 people prior to 1991 act now it is 1.
- MacDonald v Keeper of Sasines 1914 - argument over if keeper had discreation over whether or not he recorded a deed. Held keeper did and he refused this deed in particular as it was a Will and not Disposition
- Once dispostion is granted, solicitor will send it to Sasines, MUST be done within 3 weeks of excecution of disposition. When arrives at Sasines it is stamped and this is whn purchaser gains a real right. Requirements are all checked and then recorded if met.
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Problems with Sasines
Problems with system;
- Identification - Difficult to see who owned what at times i.e. overlapping land
- Conditions of Tenure - hard to see if all conditions such as servitudes
- Heritable Securites
- Proof of Ownership - just becasue name is in Sasines doesnt mean you are protected, still vulnerable for 10 years to be challanged
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Land Register (S) Act 1979
- Modeleld on English System
- Keeper has active role, onyl if he is satisfied then he will certify individual to become proprietor. Then rendered unchallangable if Keeper registeres you, even if the title was a vulnerable one
- Properties are to move from Sasines to LR on a county v county basis. This is so Sasines can be shut down entirely.
- Certificate of Title - keeper must ensure title is valid adn then grant certificate
- Overriding Interest - interests to ill-defined i.e. servitudes, rights of way
- Rectafication - if a loss is caused under the rectification then perosn can get indemnification from keeper
- Effect of Registration - to give proprietor a real rights in property
- Mechanics of Registration - presentation of formal deed, with correct exceution etc
- Title Sheet - shows who owns property, what it is, description etc
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- s9 of the Land Registration (Scotland) Act 1979
- Which states where there has been error or fraud or carelessness on part of the proprietor in possession or its something related to the Keeper which has declined indemnity.
- Shorts Trs v The Keeper 1996 - case concerns gratuitous alienation - when someone goes bankrupt and trustee gets your assets, tries to sell them for creditors. Case demonstartes if a disposition is registered in your favour in Land Register you are immune from challenges.
- Indemnity - s12 1979 Act - compensation will be paid by Keeper to someone who has suffered a loss on account of either rectification of the register or as a result of the Keeper refusing to rectify the register or by error made by the Keeper
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- Known as the Register of Inhibitions and Adjudications - stores info about an individual i.e. if they have ever been bankrupt
- Inhibitions (places ban on an individual from selling or disposing of property - formerly common law now dealt by Bankrupt and Diligence (S) Act 2007
- Must ensure that there is no obstacle to the seller personally i.e. inhibitions
- Karl Construction v Palisade Properties 2002 case - rules were put in place to stop bullying and protect HR because of this case.
- Adjudications - gave possibility of inhibating creditor to take ownership over property - abolished by 2007 Act
- This register is computerised, doesnt make it infalable
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