Registers of Scotland
Encyclopedia
Registers of Scotland is the Scottish Government agency responsible for compiling and maintaining records relating to property
and other legal documents in Scotland
.
The important element about any system of land
tenure
is evidence - evidence to support the claim of the person entitled to the land. In the early days of the feudal system this evidence was provided by the ceremony on the ground of 'giving sasine
'. The word sasine being derived from the old-French word 'seiser' meaning to seize, this ceremony was performed every time a feudal grant of land was made.
from about the 13th century. The Register of Sasines
, a public register of deed
s covering all of Scotland, was set up by an Act of the Scots Parliament
in 1617. The records were later moved to the old Parliament House
at the end of the 17th century. In 1765 plans were made to establish a building to house the registers with funds provided from the forfeited Jacobite
estates. The famous architect Robert Adam
was commissioned to design the building now known as Register House in Princes Street
. As work expanded, the Agency outgrew Register House and moved to the Meadowbank House site in 1976 and as of 2006 occupies additional premises in Edinburgh
and Glasgow
.
The registers were originally set up to give individuals the power to have their rights recorded in an official register and to give legal protection of these rights. Over the years some registers have fallen into disuse and others such as the Register of Sasines still exist today. The Land Register was introduced in 1979, and the Register of Community Interests in Land in 2004.
registering a variety of legal documents in Scotland. It is part of the Scottish Government and is associated with the Finance and Sustainable Growth portfolio
.
Registers of Scotland is headed by the Keeper of the Registers of Scotland (the Keeper), who is a non-Ministerial office holder in the Scottish Administration and who also acts as Chief Executive of Registers of Scotland. He is appointed by the Scottish Ministers with the consent of the Lord President of the Court of Session
. He is accountable to the Lands Tribunal for Scotland
and higher Scottish civil courts
in respect of the
exercise of his statutory functions. He is accountable to the Scottish Ministers for
achieving financial objectives as determined by them.
The Keeper is responsible for the running of Registers of Scotland and for the statutory functions placed upon him in relation to the management, control and maintenance of the
following public registers of legal documents and deeds relating to property.
With a staff of over 1,400 people located in offices in Edinburgh and Glasgow, the
Keeper is assisted by the Deputy Keeper. The Keeper
chairs the Management Board of Registers of Scotland which is the main decision making body. The Board meets twice a year to confirm the strategic direction. The members of the
Board of Registers of Scotland are as follows.
Register. It is a register of the title
rather than a register of deeds. Now in operation throughout the whole of Scotland, First Registration in the Land Register involves a one-off examination of the relevant title deeds. A Title Sheet is created and guaranteed by the state.
that prohibits a debtor
from selling or burdening his or her property and an Adjudication is a transfer of property to a creditor in payment of a debt. The purpose of this register is to give notice to the public that the persons inhibited are unable to grant a good title. Anyone purchasing heritable property always insists upon a search in this register to ensure that the seller is not legally prevented from selling.
writing (a writing which is authenticated in a manner prescribed by Scots law
in order to gain privileged status). It also acts as a safe deposit for important documents.
, Ireland
, the European Union
and other reciprocating countries, against an individual resident in Scotland.
Part 2 required that the Keeper should set up and keep a Register of Community Bodies Interests in Land.
, are small and not used very often. An entail is a legal instrument formerly made by a proprietor of a landed estate, which preserves the estate and regulates the inheritance. The Hornings Register, which was used to record Letters of horning
obtained from the Court formed the authority for publicly denouncing the debtor as an outlaw and is no longer used. Other registers include the Great Seal
, Cachet Seal and Prince's Seal, which are used for royal appointments, warrants and authentication of deeds.
s across Scotland. A SSSI is an area of land that Scottish Natural Heritage
(SNH) considers to be special for its plants, animals, habitats, its rocks or landforms, or a combination of such natural features.
The purpose of SSSIs is to safeguard and represent the diversity and geographic range of the natural features of Scotland, Great Britain and the EU member states.
The Register is available to both the public and legal profession and searching of the Register is free of charge. Users can find SSSIs using either a map or by entering search criteria such as a town name or postcode.
Property
Property is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation...
and other legal documents in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
.
The important element about any system of land
Real property
In English Common Law, real property, real estate, realty, or immovable property is any subset of land that has been legally defined and the improvements to it made by human efforts: any buildings, machinery, wells, dams, ponds, mines, canals, roads, various property rights, and so forth...
tenure
Tenure
Tenure commonly refers to life tenure in a job and specifically to a senior academic's contractual right not to have his or her position terminated without just cause.-19th century:...
is evidence - evidence to support the claim of the person entitled to the land. In the early days of the feudal system this evidence was provided by the ceremony on the ground of 'giving sasine
Sasine
Sasine is the delivery of feudal property, typically land.Feudal property means immovable property, and includes everything that naturally goes with the property. For land, that would include such things as buildings, trees, and underground minerals...
'. The word sasine being derived from the old-French word 'seiser' meaning to seize, this ceremony was performed every time a feudal grant of land was made.
History of the registers
It may be claimed that Scotland was the first country to establish a national system of registration giving rights to the public rather than particular groups. Registers were kept in Edinburgh CastleEdinburgh Castle
Edinburgh Castle is a fortress which dominates the skyline of the city of Edinburgh, Scotland, from its position atop the volcanic Castle Rock. Human habitation of the site is dated back as far as the 9th century BC, although the nature of early settlement is unclear...
from about the 13th century. The Register of Sasines
Sasine
Sasine is the delivery of feudal property, typically land.Feudal property means immovable property, and includes everything that naturally goes with the property. For land, that would include such things as buildings, trees, and underground minerals...
, a public register of deed
Deed
A deed is any legal instrument in writing which passes, or affirms or confirms something which passes, an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions sealed...
s covering all of Scotland, was set up by an Act of the Scots Parliament
Parliament of Scotland
The Parliament of Scotland, officially the Estates of Parliament, was the legislature of the Kingdom of Scotland. The unicameral parliament of Scotland is first found on record during the early 13th century, with the first meeting for which a primary source survives at...
in 1617. The records were later moved to the old Parliament House
Parliament House
Parliament House is the name of the seat of Parliament in a number of jurisdictions:-Australia:Commonwealth Parliament* Parliament House, Canberra, Parliament of Australia* Old Parliament House, CanberraState and Territory Parliaments...
at the end of the 17th century. In 1765 plans were made to establish a building to house the registers with funds provided from the forfeited Jacobite
James II of England
James II & VII was King of England and King of Ireland as James II and King of Scotland as James VII, from 6 February 1685. He was the last Catholic monarch to reign over the Kingdoms of England, Scotland, and Ireland...
estates. The famous architect Robert Adam
Robert Adam
Robert Adam was a Scottish neoclassical architect, interior designer and furniture designer. He was the son of William Adam , Scotland's foremost architect of the time, and trained under him...
was commissioned to design the building now known as Register House in Princes Street
Princes Street
Princes Street is one of the major thoroughfares in central Edinburgh, Scotland, UK, and its main shopping street. It is the southernmost street of Edinburgh's New Town, stretching around 1 mile from Lothian Road in the west to Leith Street in the east. The street is mostly closed to private...
. As work expanded, the Agency outgrew Register House and moved to the Meadowbank House site in 1976 and as of 2006 occupies additional premises in Edinburgh
Edinburgh
Edinburgh is the capital city of Scotland, the second largest city in Scotland, and the eighth most populous in the United Kingdom. The City of Edinburgh Council governs one of Scotland's 32 local government council areas. The council area includes urban Edinburgh and a rural area...
and Glasgow
Glasgow
Glasgow is the largest city in Scotland and third most populous in the United Kingdom. The city is situated on the River Clyde in the country's west central lowlands...
.
The registers were originally set up to give individuals the power to have their rights recorded in an official register and to give legal protection of these rights. Over the years some registers have fallen into disuse and others such as the Register of Sasines still exist today. The Land Register was introduced in 1979, and the Register of Community Interests in Land in 2004.
Structure
Registers of Scotland is the non-Ministerial government department statutorily responsible forregistering a variety of legal documents in Scotland. It is part of the Scottish Government and is associated with the Finance and Sustainable Growth portfolio
Cabinet Secretary for Finance and Sustainable Growth
The Cabinet Secretary for Finance, Employment and Sustainable Growth, commonly referred to as the Finance Secretary, is a member of the Cabinet in the Scottish Government...
.
Registers of Scotland is headed by the Keeper of the Registers of Scotland (the Keeper), who is a non-Ministerial office holder in the Scottish Administration and who also acts as Chief Executive of Registers of Scotland. He is appointed by the Scottish Ministers with the consent of the Lord President of the Court of Session
Lord President of the Court of Session
The Lord President of the Court of Session is head of the judiciary in Scotland, and presiding judge of the College of Justice and Court of Session, as well as being Lord Justice General of Scotland and head of the High Court of Justiciary, the offices having been combined in 1836...
. He is accountable to the Lands Tribunal for Scotland
Lands Tribunal for Scotland
The Lands Tribunal for Scotland is a civil court with jurisdiction over certain matters relating to land and property in Scotland. The Tribunal was established under the Lands Tribunal Act 1949, which also created the separate Lands Tribunal in England and Wales and Northern Ireland.Although the...
and higher Scottish civil courts
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
in respect of the
exercise of his statutory functions. He is accountable to the Scottish Ministers for
achieving financial objectives as determined by them.
The Keeper is responsible for the running of Registers of Scotland and for the statutory functions placed upon him in relation to the management, control and maintenance of the
following public registers of legal documents and deeds relating to property.
With a staff of over 1,400 people located in offices in Edinburgh and Glasgow, the
Keeper is assisted by the Deputy Keeper. The Keeper
chairs the Management Board of Registers of Scotland which is the main decision making body. The Board meets twice a year to confirm the strategic direction. The members of the
Board of Registers of Scotland are as follows.
- Sheenagh Adams, the Keeper of the Registers of Scotland and Chief Executive
- Catriona Hardman, Deputy Keeper
- Laura Petrie, Finance and Planning Director
- John King, Registration Director
- Billy Harkness, Human Resources Director
- Chris Dempsey, Communications Director
- Kenny Crawford, Head of Business Development and Customer Services
- Iain Campbell, Chief Information Officer
- Sandy McNeil, Legal Services Director
- Stephen Dingle, Non Executive Director
- Ian Moffett, Non Executive Director
- Sheila Terry, Non Executive Director
Land Register of Scotland
This is a map-based register established by the Land Registration (Scotland) Act 1979 eventually to replace the SasineSasine
Sasine is the delivery of feudal property, typically land.Feudal property means immovable property, and includes everything that naturally goes with the property. For land, that would include such things as buildings, trees, and underground minerals...
Register. It is a register of the title
Title (property)
Title is a legal term for a bundle of rights in a piece of property in which a party may own either a legal interest or an equitable interest. The rights in the bundle may be separated and held by different parties. It may also refer to a formal document that serves as evidence of ownership...
rather than a register of deeds. Now in operation throughout the whole of Scotland, First Registration in the Land Register involves a one-off examination of the relevant title deeds. A Title Sheet is created and guaranteed by the state.
General Register of Sasines
This is a register of transactions (deeds of sale, mortgages etc.) relating to land. It is being progressively superseded by the Land Register. Properties transfer to the Land Register upon sale.Register of Inhibitions and Adjudications
An Inhibition is a writWrit
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
that prohibits a debtor
Debtor
A debtor is an entity that owes a debt to someone else. The entity may be an individual, a firm, a government, a company or other legal person. The counterparty is called a creditor...
from selling or burdening his or her property and an Adjudication is a transfer of property to a creditor in payment of a debt. The purpose of this register is to give notice to the public that the persons inhibited are unable to grant a good title. Anyone purchasing heritable property always insists upon a search in this register to ensure that the seller is not legally prevented from selling.
Register of Deeds and Probative Writs in the Books of Council and Session
This register, set up in 1554, is used for the registration of an original probative or holographHolograph
A holograph is a document written entirely in the handwriting of the person whose signature it bears. Some countries or local jurisdictions within certain countries give legal standing to specific types of holographic documents, generally waiving requirements that they be witnessed...
writing (a writing which is authenticated in a manner prescribed by Scots law
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
in order to gain privileged status). It also acts as a safe deposit for important documents.
Register of Judgments in the Books of Council and Session
Relates to Certificates of Judgements passed in EnglandEngland
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
, Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
, the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
and other reciprocating countries, against an individual resident in Scotland.
Register of Community Interests in Land
This register came into force on 14 June 2004. The Land Reform (Scotland) Act 2003Land Reform (Scotland) Act 2003
The Land Reform Act 2003 is an Act of the Scottish Parliament. It created a framework for responsible access to land and inland water, formalising the tradition in Scotland of unhindered access to open countryside, provided that care was taken not to cause damage or interfere with activities...
Part 2 required that the Keeper should set up and keep a Register of Community Bodies Interests in Land.
Other Registers
Some registers, such as the Register of EntailsFee tail
At common law, fee tail or entail is an estate of inheritance in real property which cannot be sold, devised by will, or otherwise alienated by the owner, but which passes by operation of law to the owner's heirs upon his death...
, are small and not used very often. An entail is a legal instrument formerly made by a proprietor of a landed estate, which preserves the estate and regulates the inheritance. The Hornings Register, which was used to record Letters of horning
Letters of horning
Letters of horning : a document issued by civil authorities that publicly denounce a person as a rebel. The document was issued against persons who had not paid their debts....
obtained from the Court formed the authority for publicly denouncing the debtor as an outlaw and is no longer used. Other registers include the Great Seal
Great Seal of Scotland
The Great Seal of Scotland allows the monarch to authorise official documents without having to sign each document individually. Wax is melted in a metal mould or matrix and impressed into a wax figure that is attached by cord or ribbon to documents that the monarch wishes to make official...
, Cachet Seal and Prince's Seal, which are used for royal appointments, warrants and authentication of deeds.
Sites of Special Scientific Interest
This new register holds information on all SSSISite of Special Scientific Interest
A Site of Special Scientific Interest is a conservation designation denoting a protected area in the United Kingdom. SSSIs are the basic building block of site-based nature conservation legislation and most other legal nature/geological conservation designations in Great Britain are based upon...
s across Scotland. A SSSI is an area of land that Scottish Natural Heritage
Scottish Natural Heritage
Scottish Natural Heritage is a Scottish public body. It is responsible for Scotland's natural heritage, especially its natural, genetic and scenic diversity. It advises the Scottish Government and acts as a government agent in the delivery of conservation designations, i.e...
(SNH) considers to be special for its plants, animals, habitats, its rocks or landforms, or a combination of such natural features.
The purpose of SSSIs is to safeguard and represent the diversity and geographic range of the natural features of Scotland, Great Britain and the EU member states.
The Register is available to both the public and legal profession and searching of the Register is free of charge. Users can find SSSIs using either a map or by entering search criteria such as a town name or postcode.