Legislation

1. What is the primary legislation governing registration of title in your system?

The Land Registration etc. (Scotland) Act 2012.

2. Are there specific rules and forms for registration directly provided for in statute under secondary legislation?

Yes. These are contained in the Land Registration Rules etc. (Scotland) Regulations 2014 and the Land Register of Scotland (Automated Registration) etc. Regulations 2014.

3. How often do changes arise in property/conveyancing legislation and registration legislation respectively?

While the majority of the Conveyancing and Feudal Reform (Scotland) Act 1970 remains extant, subsequent legislation appears to amend the legal position – to varying degrees – in respect of property and conveyancing, with relative frequency.

In terms of the primary registration legislation, such changes are infrequent. For example, the Land Registration (Scotland) Act 1979 was superseded by the Land Registration etc. (Scotland) Act 2012, a period of 33 years.