De-throning King Midas: The new law of land registration in Scotland

Research output: Chapter in Book/Report/Conference proceedingChapter (peer-reviewed)peer-review

Abstract

For a period of almost 40 years, the legislation in Scotland on land registration shared many features with the equivalent legislation in England and Wales. With the passing of new legislation in 2012, however, Scotland has moved decisively away from the English model towards the model found in Germany and in some Torrens systems. The Land Registration etc (Scotland) Act 2012 adopts a rule of deferred indefeasibility. At the same time, it abandons the principle of title by registration, with its attendant bijuralism, in favour of a rule which confers title only on those whom, in the long run, the system intends to protect –principally those presenting for registration deeds which are valid, or those whose deeds are invalid only on account of an error on the register which was unknown to them. The new Act was the culmination of a root-and-branch review of the law of land registration by the Scottish Law Commission. This paper explores the reasons for the changes and seeks to evaluate their effect.
Original languageEnglish
Title of host publicationNew Perspectives on Land Registration
Subtitle of host publicationContemporary Problems and Solutions
EditorsAmy Goymour, Stephen Watterson, Martin Dixon
Place of PublicationOxford and Portland, Oregon
PublisherHart Publishing
Pages157-173
ISBN (Electronic)9781509906048
ISBN (Print)9781509906031
Publication statusPublished - 8 Feb 2018

Keywords

  • Land registration
  • law
  • title by registration
  • Scotland
  • mmediate indefeasibility
  • deferred indefeasibility
  • Torrens system
  • bijuralism
  • law reform

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