First Registration

Elsewhere on this website you can find several articles on the introduction of the Land Registration Etc. (Scotland) Act 2012 which came into effect at the end of 2014.

Links to those articles are shown below.

The overwhelming majority, if not all, of the conveyancing profession in Scotland regard introduction of this Act to be a politically motivated disaster. This is not a criticism of the politics behind the introduction of the Act (the registration of the entirety of Scotland on the land register within a certain period) but rather the manner in which the change has been introduced.

As with other recent Scottish legislation (see our comments on ADS there is an overt technicality which makes the operation of the legislation exceptionally difficult to encompass within normal day-to-day activities in respect of the purchase of property

This over technicality means that many applications require several attempts to complete registration and £30 charge is made by the register on each occasion that an application has to be amended.

Rightly, clients might feel that the application should be right first time but McVey and Murricane along with other specialist property firms have been able to demonstrate that compliance with rules that appear to vary every day and which are applied completely inconsistently make life impossible.

The problem is that such a degree of technicality has no place in a modern property system. Regrettably, as with ADS there is nothing that we can do other than to suggest that you approach your MSP if you feel concerns.

Your application is of a type where the greatest problems have occurred. If we are able to successfully lodge your application then the £30 will be returned to you as soon as registration is complete (probably about nine months). If the application needs to be amended then the retention will be used to pay the £30 cost. If the application requires to be amended more than once then McVey and Murricane will pick up the cost.

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