Registers of Scotland
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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.
[edit] 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 Castle from about the 13th century. The Register of Sasines, a public register of deeds 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.
[edit] Land Register of Scotland
This is a map-based register established by the Land Registration (Scotland) Act 1979 eventually to replace the Sasine 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.
[edit] 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.
[edit] Register of Inhibitions and Adjudications
An Inhibition is a writ 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.
[edit] 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 holograph 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.
[edit] Register of Judgments in the Books of Council and Session
Relates to Certificates of Judgements passed in England, Ireland, the European Union and other reciprocating countries, against an individual resident in Scotland.
[edit] Register of Community Interests in Land
This new register came into force on 14 June 2004. The Land Reform (Scotland) Act 2003 Part 2 required that the Keeper should set up and keep a Register of Community Bodies Interests in Land.
Some registers, such as the Register of Entails, 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.
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