As most landowners are aware, Registers of Scotland, which is the Government Agency tasked with effecting completion of the Land Register by 2024, has actively been encouraging all landowners to voluntarily register their land. Given the sheer scale of the exercise it is now generally accepted that 2024 is not an achievable target, but if the timescale for completing the Register is no longer imminent, should you still consider voluntary registration?
Although the whole registration process may seem slightly daunting and will involve time and expense, the very real benefits for the owners of both rural and urban properties cannot be underestimated. We are seeing more and more clients applying to register their properties and it is clear that going through the voluntary registration process is already proving to be useful whether that be in terms of title clarity or (particularly in the case of farms and estates) ongoing management.
The main benefits of voluntary registration can be summarised as follows: -
- The end result will be an accurate online map based on the modern ordnance survey map. This means having a title plan showing definitive boundaries and identifiable features where the extent of ownership is clear.
- All of the information relating to the property will be on one title sheet or a series of sheets depending on the extent of the property rather than numerous old deeds which require interpretation.
- The Land Register map, known as the “cadastral map” will be updated every time the property is sold.
- Where there are boundary issues between neighbouring titles, being first on the register will put that landowner in a stronger position. The voluntary registration process will also serve to flag up any title issues which can be resolved according to the landowner’s own timescales rather than under the time pressure of an ongoing transaction.
- The property will be covered by a state backed guarantee.
- Subsequent intra-family transfers and sales of properties will be considerably simpler, resulting in a saving both in terms of time and cost to the landowner.
- Although it is not yet compulsory to register your existing Sasine title in the Land Register (except in certain circumstances, where triggers have been put in place to compel land owners to register their properties), there is the risk that at some point the Keeper of the Registers may take action and compulsorily register the title (known as Keeper Induced Registration). This may result in details being missed or opportunities for the landowner to provide detailed knowledge being lost.
- The number of title enquiries will decrease resulting in a further saving of time and cost to landowners.
- A detailed examination of the title may disclose previously unknown assets.
Our Rural Services team has worked with numerous individuals, estates, partnerships, trusts and charities to complete the voluntary registration of their land. The team would be happy to speak to you and to assist in making the voluntary registration of your property as straight forward as possible by providing advice and guidance at all stages.