Week 7 Flashcards by Megan Cummings

LR(S)A 2012 S 86

acquisition form disponer without valid title- governs realignments of rights when someone registered as proprietor dispones land despite not having valid title

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LR(S)A 2012 s. 73

keeper’s warranty- the keeper warrants that the title sheet is accurate at the time of registration

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LR(S)A 2012 s.65

meaning of “inaccuracy” - defines what constitutes an inaccuracy in the title sheet or cadastral map

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LR(S)A 2012 s.80

rectification of the register- sets out the Keeper’s duty to rectify manifest inaccuracies

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LR(S)A 2012 s. 58

period of effect of advance notice- estatblishes the 35 day protected period during which an advance notice is effective

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LR(S)A 2012 s. 45

notification of prescriptive applications, –> requires the keeper to notify relevant parties before accepting a prescriptive claimant application

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the 4 parts of the Land Register of Scotland

application record- think about it, you have to apply to it

title sheet record

cadastral map

archive record

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4 parts of a title sheet

property section (describes the property)

Proprietorship Section - sets the names of the owner(s)

securities section- records standard securities (mortgages/chargers) - granted over the property

Burdens Section ~ lists the real burdens, conditions, servitudes, and other encumbrances over the property

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realignment of rights (s.86)

if someone is registered as proprietor (even with a void title) and then dispones to another in good faith, the acquirers title is realigned

this realignment of rights protects good faith purchasers

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Z owns farm, registered in the Land Register, she is selling to A

on 1st Oct, Z delivers A a disposition of Burnside Farm

3rd October, A submits the disposition to the keeper for registration

Keeper is busy and cannot deal with A’s application immediately

he finally deals with it on the 30th November

when the keeper processes A’s disposition on the 30th November, A’s date of registration is backdated to 3rd of October

in the period between 3rd October and the 30th November, A’s application is listed in the application record

this puts third parties on notice that a disposition has been granted to A and protects them from purchasing from Z (who will still be shown as the owner on the title sheet for the property

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rights that may not appear on the land register

pubic right of way

a servitude (if unregistered)

a lease of twenty years (or a lease <20 years that isn’t registered)

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A buys houes form B, but registered title as void due to a transactional error, she then sells to C, who registers the disposition, what is the legal result for Catherine

Catherine becomes the owner on registration if she acted in good faith and the keeper had warranted A’s title (realignment of rights under the land registration etc Scotland Act 2012)

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j owns property registered under ANG 123, on 1st Sep, J conveys this plot to Yoda (Settlement),

Yoda registers the disposition on 4th September

What will be seen on the 26th of September if you search up ANG 123

we will see that Yoda is the owner of the land, the title sheet will not tell us who was the owner before the 4th September

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in order for the realignment of rights

the keeper must warrant the title
and

the third party purchaser must act in good faith and be bona fide

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Keeper’s Warranty - s. 73 LRA 2012

when the keeper enters a person as a proprietor on the LR, the Keeper warrants that:

The registered proprietor does indeed own the interest shows, and
The title sheet is accurate, except for matters expressly excluded from warranty

this is to give reliability to the register so that people can rely on what it says when transacting

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Garry registers a disposition in a house

on registration the Keeper grants the standard warranty under the LR(S)A2012,

later transpires that the title Garry has obtained is voidable due to an inhibition that had been registered against the seller

in this situation, the Keeper’s warranty has been breached, is this true or flase?

false=

under the act, the keeper’s warranty guarantees that the title sheet is accurate and that the registered proprietor truly holds the rights shown

however, the warranty does not extend to personal liabilities such as an inhibition, (which restricts the granter’s ability to transact)

an inhibition makes the deed voidable, but it does not mean that the registered title sheet is inaccurate,

the keeper’s warranty is only breached if the register itself is inaccurate, the keeper’s warranty is only breached if the register itself is wrong, (i.e. Garry was not actually the owner of or if a real right was omitted)

so because the inhibition affects the seller’s capacity rather than the accuracy of the register, the Keeper’s warranty has not been breached

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G registers Disposition in cottage, on registration the keeper grants the standard security under the land reg act,

later transpires that the title Garry obtained is void due to the seller’s lack of legal capacity

keeprs warranty breached?

yes

if seller lacked legal capacity, the disposition is void, not voidable

a void deed cannot transfer ownership, so G does not in fact own the cottage

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parts of the land register

map showing the legal boundaries of properties= the cadastral Map

an extant Advance Notice = application record (advance notices are not stored in the title sheet- they appear in the application record for 35 day protected period

copies of documents i.e. disposition submitted to the keeper = the archive record - it contains deeds, such as plans, and documents, submitted to the keeper, superseded title versions, and supporting

title sheet for a property= found in the land register in the title sheet record

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advance notice today, when can it be first used?

Tomo

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what advance notice do

protects the deed it relates to for 35 days, beginning the day after registration

during this protected period
any competing deed granted during cannot gain priority over the protected deed

if the protected deed is registered within 35 days period, it takes

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frida sells house to Sam, ad advance notice is regeistered in favour of Sam

on day 10 of the protected period, Frida grants standard security to Sneaky Banker PLC, which is registered on day 15, on day 45, of the protected period, Sam registers the disposition

what is the legal result?

Sam becomes owner of the property but her title is subject to the standard security

because during the protected period, (day 1-35) Sam is protected only if she registers her deed inside it

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what is the land regsiter?

it is a register of title, meaning shows you the legal result that flows from deeds that are registered

the title tells you who the owner is, what land is owned, whether any securities have been granted over the land and whether there are any burdens

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D sells house to E, without knowing fatal defect part of garden is void

Eddie is still registered in LR, after 6 months E sells property to F who acts in good faith

the keeper is granted the warranty both to Eddia and to Francis,

what is the legal result for Francis?

On registration, Francis obtains a void title to the part of the property that Eddie had a void title to

Francis becomes owner of this part of the property after a further 6 months

Francis must possess the land openly and peaceably and without judicial interruption for one year to acquire ownership under s.86

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Study These Flashcards

remedy when someone is registered as owner but their title is void (i.e. defect in deed)

it allows the person to acquire valid ownership of the land after 1 year of possession, even though their original title was void

to acquire ownership under s.86 the person must:

be in possession of the land (open, peaceable, without judicial interruption) 1 year continuously

effect= after 1 year, the person becomes the owner of the land, the title is no longer void, it is realigned by operation of law, protects good faith acquirers and stabilizes the register

Garry registers a disposition of a cottage in Argyll in his favour on registration, the Keeper grants the standard warranty under the land registration etc (S) Act 2012, it later transpires that the title Garry has obtained is void due to the seller's lack of legal capacity in this situation, has the Keeper's warranty been breached?

yes, because the seller lacked legal capacity, the disposition is affected by a fatal defect making Garry's title void under the LR etc (S) Act 201, the keeper's standard warranty includes a warranty that the title sheet is accurate, since a void title should not have been registered as a valid ownership, the Keeper's warranty is breaches, giving Garry a potential claim for indemnity

ways that the keeper's warranty is breached where the title is void

title is void >granter lacked capacity >deed granted under force and fear >granter had no title

1st October, Z delivers A a disposition, on 3rd October, Albert submits the disposition to the keeper for registration the keeper is busy and cannot deal with A's application immediately he finally deals with it on the 30th November when does A become the owner?

when the keeper processes A's disposition on the 30th November, Albert's date of registration is backdated to 3rd October, in the period between 3rd October and 30th November, A's application is listed in the application record, this puts third parties on notice that a disposition has been granted to Albert and protects them from purchasing from Zelda, (who will still be shown as the owner on the tile sheet of the property)

section 45

notification of prescriptive applications

section 58

period of advance notices

section 65

meaning of innacuracy

section 73

keeper's warrnaty

section 80

rectification of the register

section 86:

acquisition from disponer without a valid title

4 parts of the land register

cadastral map title sheet record archive record application record

if a disposition is submitted for registation on 5th March, but the Keeper only processes and accepts the application on 28th of April, what is the legally considered date of registration?

the date of registration is the 5th of March, the date the application was submitted and entered into the application record

a person examining a title sheet in the Land Register would find information of all of the following:

a real burden stipulating the property can only be used for residential purposes a standard security granted in favour of a bank the name and address of current registered proprietor

where a fraud forges a disposition from trustee to an innocent purchaser, who then registers the title, why does the keeper warranty under s.77 of the 2012 Act not apply to protect Irma?

the warranty is invalid, because the register was inaccurate at the very moment of registration, as Irma never legally acquired title the warrnaty under section 73(1) (a) attests to the accuracy of the register at the time of registration, since the forged deed was void, irma never became owner, meaning the register was immediately inaccurate

under what circumstances will the keeper rectify an inaccuracy in the land register according to section 80 of the 2012 Act?

the keeper will only rectify if the inaccuracy and the necessary correction are both manifest (obvious and undisputed)

I registered as owner of house of void disposition, she lives there for 8 months, and G buys in good faith, living there for another 5 months, can G's title be protected by the realignment of rights under s.86?

yes, because the combined possession of I and G exceeds one year

ch p

which part of the LR, serves as a temporary holding area for submitted deeds before they are fully processed and reflected on he title sheet?

the application record under section 15, it is a pending application, protecting their priority until the keeper completes registration

a key difference between the register of Sasines and the Land Register...

the register of Sasines is a chronological record of deeds, whereas the Land Register provides a snapshot of the current legal title

under section 11 of the 2012 Act, what duty is placed upon a solicitor submitting an application for registration?

a duty to take reasonable care to ensure the Keeper does not inadvertently make the register inaccurate as a result of the application

if the keeper mistakenly includes an extra half acre of a neighbour's land in a new title sheet, does the keeper's warranty under section 73 protect the new registered owner's claim to that extra land?

no, because section 73(2) (h) specifically excludes from the warranty inaccuracies where the title sheet shows an acquisition of a greater extent that the underling deed conveyed this provision directly addresses administrative errors in mapping or description ensuing the keeper does not warrant a title that the owner never legally acquired

what is the keeper induced registration? (KIR)

the keeper's power to unilaterally transfer a property's title form the Register of Sasines to the Land Register

archive record purpose

to provide a searchable record of previous states of the register and copies of submitted documents

if a claim for compensation under the keeper's warranty is successful, section 77(5) gives the keeper subrogation rights, what does this mean?

the keeper steps into the shoes of the claimant to pursue any legal claims the claimant had against a third party who caused the loss this allows the keeper to recover the compensation paid out from the person actually at fault (e.g. a fraudster or a negligent solicitor), effectively shifting the ultimate financial burden

in the S register, if you are searching a title to the cottage in 2024, and find two competing chains of deeds form a common author, Betty. Betty disponed to Clement in 2002, and then disponed the same cottage to Darius in 2003, assuming all deeds were recorded promptly, who is the owner?

Clement because Betty had already transferred her title to him, making the subsequent disposition to Darious void this reflects the nemo dat quod non habet principle

section 91 deals with the realignment of rights for omitted encumbrances, in which scenario would this section operate?

a standard security is wrongly removed from the register due to a forged discharge, the property is then sold to a good faith purchases

person wishes to register a non domino disposition in the land register to begin the process of acquiring ownership by prescription what will a key pre-condition they must satisfy before the keeper will accept the application?

they must have been in possession of the land for at least one year immediately before the date of application

solicitor knowing that their client's claim to a piece of land is highly dubious, submits an application for registration and recklessly fails to disclose material information to the Keeper, this could potentially lead to prosecution for a criminal offence under which section of the 2012 Act?

section 112 (criminal offences) this section specifically creates liability criminally for knowingly or recklessly making false statements to the keeper or failing to disclose material information

a claim for compensation under section 77 for breach of keeper's warranty is generally conditional upon what event first occurring?

the rectification of the inaccuracy in the land register section 77(2) explicitly states that the liability to pay compensation arises only if and when the inaccuracy is rectified

how does section 113(2) of the 2012 Act define 'valid' deed for this purpose?

a deed is valid if, by the registration applied for, a right would be acquired, varied or extinguished

why would a search of the Archive record be insufficient to determine the full chain of ownership for a property that was on the Sasine Register until 2025?

the archive record only contains information about superseded states of the Land Register nto the preceding Sasine Register

if realignment of rights under section 86 operates to give a good faith purchaser a valid title from a seller with a void title,, what is the legal remedy for the original dispossessed owner?

the old owner can claim statutory compensation from the Keeper for his loss under section 94 section 94 if the counterpart to section 86, providing a compensation mechanism for the original owner who is deprived of their property to protect the faith of the register

curtain principle

the principle that a purchaser can rely on the accuracy of the title sheet an does not need to look behind the curtain at the underlying deeds or history

Sasine register finally closed to all new dispositions on 8th dec 2014, and to all new standard securities on 1st of April 2026, what was the legal effect of these closures?

any new disposition or standard security relating to a Sasine Property had to be presented to the Land register, forcing a first registration of the title this was the mechanism used to compel the transfer of titles onto the land register, you could no longer record these key decisions in the old register forcing a move to the new system

Week 7 Flashcards

(58 cards)